Circular No. 24/2018/TT-BNNPTNT stipulates the updating, exploitation, and management of the national database on fisheries.

CIRCULAR

REGULATIONS ON THE UPDATE, EXPLOITATION AND MANAGEMENT

OF THE NATIONAL DATABASE ON AQUACULTURE

Pursuant to Decree No. 15/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Fisheries Law 2017;

At the proposal of the Director General of the Fisheries General Department;

The Minister of Agriculture and Rural Development issues this Circular to regulate the update, exploitation and management of the national database on aquaculture.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the update, exploitation and management of the national database on aquaculture.

Article 2. Applicability

This Circular applies to organizations and individuals related to the update, exploitation and management of the national database on aquaculture.

Article 3. Explanation of Terms

1. The national database on aquaculture is a collection of basic information in aquaculture activities established uniformly from central to local levels; it is standardized for updating, exploiting and managing through information technology.

2. Component data is part of the national database on aquaculture, including structured information reflecting the potential, results, and activities in aquaculture.

Article 4. Management of Access Accounts to the National Database on Aquaculture

1. The General Department of Fisheries shall organize the issuance and suspension of access accounts based on the requirements of state management for individuals (civil servants, public officials, employees) and organizations (state administrative agencies).

2. Account management:

a) Organizations that are granted access accounts shall assign individuals within their organization to manage, update, exploit and manage the national database on aquaculture.

b) Individuals who have been granted access accounts shall ensure confidentiality, manage, update, exploit, manage and use the granted account for its intended purpose.

3. An access account to the national database on aquaculture will be suspended if it falls under any of the following circumstances:

a) The organization is dissolved, terminated, or transferred;

b) The individual who has been granted an account changes jobs, retires.

Chapter II

COMPONENT DATABASE OF

OF THE NATIONAL DATABASE ON AQUACULTURE

Article 5. Database on Aquaculture Cultivation

The database on aquaculture cultivation includes the following main information:

1. Data on aquatic seed:

a) Parent aquatic seed produced domestically: Name of the facility, business code or tax number, main office address, telephone, email, production and nursery address; target species, production and nursery volume; information on facilities meeting conditions; number of standards announced and compliance declaration;

b) Aquatic seed produced domestically (excluding facilities specified in point a of this clause): Name of the facility, business code, tax number, main office address, telephone, email, production and nursery address; target species, production and nursery volume; information on facilities meeting conditions; number of standards announced and compliance declaration;

c) Imported aquatic seed: Name, import facility address; target species, quantity; name, export facility address;

d) List of aquatic species permitted for trade in Vietnam; list of aquatic species for export with conditions; list of aquatic species prohibited from export.

2. Data on aquaculture feed, environmental treatment products for aquaculture:

a) Information on facilities meeting conditions for producing aquaculture feed, environmental treatment products for aquaculture: Certificate number, scope of certification, date of issue, facility name, main office address, type of enterprise;

b) List of chemicals, biological preparations, microorganisms prohibited for use in aquaculture feed, environmental treatment products for aquaculture;

c) List of chemicals, biological preparations, microorganisms and raw materials allowed for use in aquaculture.

3. Data on aquaculture cultivation:

a) Area, production volume of aquaculture cultivation classified by: Cultivated species; cultivation method (rafts, ponds, tanks, tidal flats, others); cultivation mode (intensive, extensive, others);

b) Aquaculture cultivation facilities (rafts, marine farming, certified good aquaculture practice farms, organic farming, facilities meeting conditions): Name, aquaculture facility code (for rafts); permit number (for marine farming); certificate of good aquaculture practice, organic farming certification, facilities meeting conditions;

c) Main cultivated aquatic species: Name, aquaculture facility registration code; cultivated species, cultivation method (rafts, ponds, tanks, tidal flats, others), cultivation mode (intensive, extensive, others); stocking area, harvest area, harvest volume, harvest time, domestic raw material price, international raw material price;

d) Facilities meeting conditions for breeding, growing, artificial propagation of aquatic species listed in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; endangered, precious, rare aquatic species: Confirmation number of origin of aquatic species listed in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora from cultivation; certificate number of breeding, growing and artificial propagation facilities for aquatic species listed in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora;

e) Losses due to natural disasters and diseases in aquaculture cultivation: Affected species, area, volume, loss rate, quantity, value, and cause of loss.

4. Data on monitoring, warning of the environment, prevention and control of diseases in aquaculture cultivation:

a) List of monitoring units designated or testing laboratories certified: Name, organization address, code, designation authority, decision number and field of activity designated or certified;

b) Results of regular monitoring and warning of the environment in aquaculture cultivation areas: Target species, monitoring points, parameters, frequency, coordinates and monitoring time;

c) Forecast and warning bulletin on the quality of the environment in concentrated aquaculture cultivation areas;

d) Data on disease-free zones and facilities for aquatic animals: Facility name, address, cultivated species, and information in the disease-free zone and facility certification.

5. Data on the list of live aquatic species that have been risk assessed.

The fisheries exploitation database includes the following main information:

1. Data on fishing vessel registration and inspection:

a) Fishing vessel registration: Registration number, vessel name (if applicable), owner, address, date of registration, logbook registration number; safety technical certificate number (if applicable), maximum length of the vessel, horsepower, hull material (wood, steel, new materials), fishing occupation and year of construction, place of construction, date of transfer out, transfer-out location; date of deregistration;

b) Fishing vessel inspection: Logbook number, safety technical certificate number, inspection date, expiration date, registration number of the vessel, owner, maximum length of the vessel, fishing occupation, address, hull material (wood, steel, new materials), year of construction, place of construction, design symbol, design institution.

2. Data on fishing quota:

a) Fishing permit quota for offshore waters: Quantity of fishing permits issued to each province and centrally governed city and according to each occupation;

b) Fishing permit quota for nearshore and estuarine waters: Quantity of fishing permits issued according to each occupation in each province and centrally governed city;

c) Fishing production quota: Maximum allowable catch quantity for certain migratory fish species or fish species that form schools.

4. Data on fishing ports and anchorage areas for typhoon shelters:

a) Anchorage areas for typhoon shelters: Name; type of anchorage area; address; depth of anchorage water area; capacity of fishing vessels; largest size and type of fishing vessel capable of entering the anchorage area; coordinates of the channel entrance (latitude, longitude), channel depth, channel length; telephone number and communication frequency;

b) Fishing ports: Name, type of port, address; largest size and type of fishing vessel capable of docking at the port; coordinates of the channel entrance (latitude, longitude), channel depth, channel length; length of wharf; depth of anchorage water area; scale of capacity (number of vessels/day); loading and unloading capacity; telephone number and communication frequency.

5. Data on fishing logs and reports: Vessel registration number, sea voyage time, fishing occupation, fishing area, total catch quantity and catch quantity by fish species during the voyage.

6. Data on confirmation of raw materials from fishing: Confirmation paper number; name, address of organization or individual confirmed; vessel registration number; total fishery product quantity, confirmed catch quantity by fish species; fishing area and time.

7. Data on origin certification of fishing products: Certification paper number; name, address of organization or individual certified; confirmation paper number; total fishery product quantity, confirmed catch quantity by fish species; fishing area and time.

8. Data on confirmation of commitments or certification of exported seafood products originating from imported fishing products.

9. Data on foreign fishing vessel permits for operating in Vietnam's maritime zones: Permit number; name, address of organization or individual granted the permit; vessel registration number, vessel name; nationality of the vessel; International Maritime Organization number (if applicable); captain's name, nationality, occupation, operation area, registered port, permit issuance date, expiration date, address, representative in Vietnam (if applicable) and contact address in Vietnam (if applicable).

10. Data on Vietnamese fishing vessels approved or permitted to operate outside Vietnam's maritime zones: Approval or permit document number; name, address of organization or individual approved or granted the permit; vessel registration number, vessel name, International Maritime Organization number (if applicable); occupation, operation area, approval or permit date; expiration date; name, address of representative abroad (if applicable).

11. Data on fisheries labor: Vessel registration number; captain's name, address; occupation, number of registered workers.

12. Data on training and upgrading of fisheries labor: Business registration permit number; issuance date; training institution name, address; number of issued Class I, II, III fishing vessel master certificates; number of issued Class I, II, III fishing vessel engineer certificates.

13. Data on marine fishing organizations: Name, address of team, cooperative, association, enterprise; number of fishing vessels, number of fishermen participating in the team.

14. Data on new construction and modification of fishing vessels: Certificate of qualified facility number; issuance date; facility name, address; type of facility, hull material.

15. Data on fishing vessel inspection facilities and inspectors:

a) Fishing vessel inspection facilities: Qualified facility certificate number, issuance date; facility name, type, address; list of inspectors;

b) Fishing vessel inspectors: Inspector identification number; inspector rank; issuance date, expiration date; name, address; fishing vessel inspection facility.

16. Data on illegal fishing vessels: Vessel registration number; captain's name, address; violation behavior; violation date; penalty decision number (if applicable), announcement date of inclusion and removal from the list of illegal fishing vessels.

17. Data on fishing grounds forecast.

18. Data on food safety certification for fishing vessels and fishing ports.

19. Data on losses due to natural disasters and force majeure in fishing operations.

The database on the protection and development of aquatic resources includes the following main information:

1. Data on aquatic resources: Species composition (common name and scientific name), density, abundance, distribution, stock, allowable catch volume, biological characteristics, environmental, hydrological, oceanographic, and related aquatic biological factors, level of endangerment, rarity, and preciousness.

2. Data on marine protected areas; special-use forests, protective forests, and wetland conservation areas with aquatic resources: Name of the area, type of protection, management level, geographic coordinates, representative's name, establishment decision, total area, area of each functional zone, buffer zone, and main protected objects.

3. Data on areas for protecting aquatic resources: Name of the area, main protected objects, geographic coordinates, area, and managing organization.

4. Data on co-management in the protection of aquatic resources: Address, geographic coordinates, management objects, community organization name, recognition and authority granting decision number, number of members, number of members divided by profession, information about the community organization representative.

5. Data on areas temporarily closed to fishing: Name of the area, scope, geographic coordinates, main objects to be protected, time period of closure to fishing.

6. Data on natural migration routes of aquatic species: Species name, direction and timing of migration.

7. Data on the restocking of aquatic resources: Restocked species name, release time and location, quantity released, developmental stage (seedling, marketable size, parent), releasing organization or individual name.

8. Data on prohibited fishing methods and gear.

a) Statistical information on the number of fishing vessels: Fishing method groups (trawl, longline, purse seine, gillnet, trap, stake net, other methods) divided into sub-groups; number of fishing vessels; survey vessel fleet and number of survey forms per month;

b) Fishing trip information: Sampler, location, time, vessel information (boat owner, captain, vessel registration number, number of crew, maximum length, engine power, primary fishing method), fishing ground, fishing trip duration (departure and arrival port dates), departure and arrival ports, number of operating days, number of fishing days during the trip and previous month, total number of hauls, landed weight and total yield;

c) Gear information: Gear type (purse seine [surface, bottom, other]), trawl (pair trawl, single trawl), gillnet (day gillnet, light gillnet, other), technical specifications of gear (horizontal mouth opening width, mesh size [at crown, at foot]), length (float line, lead line, hook length, gangion length), height of the net, total length of the net, number of hooks, total lamp power;

d) Fishing yield information: Commercial product group, yield, and selling price.

Article 8. Database on processing and markets for aquatic products

The database on processing and markets for aquatic products includes the following main information:

1. Data on purchasing, selling, preliminary processing, and processing facilities for aquatic products and aquatic product items: Facility name, address, business enterprise code (CODE), food safety conditions, capacity, product types, processing categories, purchase volume, imported raw material volume, processed volume, product cost, export value (USD/year), and consumption market (domestic, export).

2. Data on export and import markets for aquatic products: Exporting and importing countries, quantity, product types, specifications, buying and selling prices, export and import values, agreements on the application of animal and plant quarantine measures (SPS) and trade barriers (tariffs, non-tariff barriers).

Article 9. Database on Handling Violations in the Fisheries Sector

The database on handling violations in the fisheries sector includes the following main information:

1. Administrative violation data: Name, address of organizations and individuals, field subject to violation handling, violation behavior, fine amount, additional penalties (if applicable), measures to mitigate consequences (if applicable); name of the violation handling unit.

2. Data on revocation and suspension of certificates for establishments meeting conditions: Establishment name, address; field of operation, reasons for revocation and suspension; name of the authority revoking and suspending.

Chapter III

UPDATE AND EXPLOITATION OF THE NATIONAL DATABASE ON FISHERIES

Article 10. Updating the National Database on Fisheries

1. The General Department of Fisheries shall organize the updating of data as prescribed in point a, d clause 1, points a, b, c clause 2, point c clause 3, points a, b, c clause 4 and clause 5 Article 5; points a, c clause 2, clauses 4, 9, 10, 14, 15, 16 and clause 17 Article 6; clauses 1, 2, 3, 5, 6, 7 and clause 8 Article 7; Article 9 of this Circular.

2. The Animal Health Service shall organize the updating of data as prescribed in point c clause 1, point d clause 4 Article 5 of this Circular.

3. The Processing and Market Development Service for Agricultural Products shall organize the updating of data as prescribed in clause 2 Article 8 of this Circular.

4. The Quality Management Service for Forestry and Fisheries Products shall organize the updating of data as prescribed in clause 8 Article 6 and clause 1 Article 8 of this Circular.

c) Update annually (before December 20 each year): Point d clause 1, points b, c clause 2 Article 5; clauses 2 and 4 Article 6, clauses 1, 2, 3, 4, 5, 6 and clause 8 Article 7 of this Circular.

Article 11. Exploitation of the National Database on Fisheries

1. Organizations implementing the central and provincial functions as the focal point for building and updating the national database on fisheries are authorized to exploit the national database on fisheries according to their level of classification.

2. Organizations and individuals have access to the following information on the national database on fisheries:

a) List of aquatic seed production establishments; quantity and names of aquatic species with quality standards published and conformity declared; list of aquatic species permitted for trade in Vietnam; list of aquatic species for export with conditions; list of aquatic species prohibited from export;

b) List of aquatic feed production establishments, environmental treatment products for aquaculture, addresses; quantity and names of products with quality standards published and conformity declared; list of chemicals, biological preparations, microorganisms prohibited for use in aquatic feed and environmental treatment products for aquaculture; list of chemicals, biological preparations, microorganisms and raw materials allowed for use in aquaculture;

c) Area and yield of aquaculture; Aquaculture establishments;

d) Raw material prices for aquatic products;

đ) Results of regular environmental monitoring and warnings in aquaculture areas; forecast and warning bulletins on environmental quality in concentrated aquaculture areas; zones and establishments safe from aquatic animal disease outbreaks;

e) List of live aquatic species that have been risk assessed; time of risk assessment;

h) Data on marine protected areas; special-use forests, protective forests, wetland conservation areas with fishery resources; fishery resource protection zones; areas with time-limited prohibition on fishing; natural migration routes of aquatic species; list of prohibited fishing methods and gear;

i) Data on establishments purchasing, selling, processing, and manufacturing aquatic products and aquatic product items.

Chapter IV

MANAGEMENT OF THE NATIONAL DATABASE ON FISHERIES

Article 12. Contents of managing the national database on fisheries

1. Building and operating technical infrastructure, common national database software, and component databases, ensuring uniform connection and data sharing throughout the entire system.

2. Collecting, processing, and updating information into the component databases of the national database on fisheries.

3. Compiling and integrating information from the component databases of the national database on fisheries.

4. Managing access rights and update rights to information within the database.

5. Monitoring and supervising the situation of database usage.

6. Ensuring safety and security.

7. Training personnel and supporting operation and exploitation of the database.

Article 13. Ensuring Safety for the National Database on Fisheries

1. Using licensed security software and applying technologies to detect and prevent network intrusions.

2. Utilizing encrypted channels and user authentication for the following activities: System management login; application login; automatic data transmission between servers; data entry and editing.

3. Encrypting the transmission channels of the national database on fisheries.

4. Applying measures to ensure the authenticity and integrity protection of data in the national database on fisheries.

5. Implementing logging of access, creation, modification, and deletion of data for system management and monitoring purposes.

6. Establishing and maintaining a backup system to ensure continuous system operation.

7. Establishing regular data backup measures and protecting recovery copies through data masking and encryption solutions.

8. Implementing other necessary measures to ensure the safety of the national database on fisheries.

Chapter V

RESPONSIBILITIES OF RELATED AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS

Article 14. Responsibilities of the General Department of Fisheries

1. Leading and guiding relevant organizations and individuals to report data for updating, exploiting, and managing the national database on fisheries and compiling information nationwide.

2. Leading the organization of operations, maintenance, monitoring, upgrading of technical infrastructure, software, and measures to ensure the safety of the national database on fisheries.

3. Managing administrative accounts, granting update and exploitation permissions for the national database on fisheries.

4. Directing, guiding, and periodically or randomly inspecting the updating, exploitation, and management of fisheries databases at local levels. Organizing training and instruction on updating, exploiting, and managing the national database on fisheries.

5. Evaluating and ranking the capacity of organizations in updating, exploiting, and managing fisheries databases and publicly announcing annually.

6. Cooperating with related units to handle issues arising during the process of updating, exploiting, and managing the national database on fisheries.

7. Investing and constructing infrastructure to serve the updating, exploitation, and management of the national database on fisheries.

8. Leading the compilation and updating of data related to administrative violations in fisheries activities carried out by central agencies.

Article 15. Responsibilities of the Animal Health Service

1. Directing and guiding relevant organizations and individuals to report data for updating, exploiting, and managing the national database on imported aquatic species; safe disease zones and facilities for aquatic animals and other contents within their authority.

2. Cooperating with the General Department of Fisheries to update, exploit, and manage the national database on fisheries according to assigned functions and tasks.

3. Inspecting and supervising the implementation of regulations stipulated in this Circular regarding updating, exploiting, and managing the national database on imported aquatic species; safe disease zones and facilities for aquatic animals and other contents within their authority.

4. Being responsible for the timeliness, completeness, security, and accuracy of information updated into the national database on imported aquatic species; safe disease zones and facilities for aquatic animals and other contents within their authority.

Article 16. Responsibilities of the Processing and Market Development Department for Agricultural Products

1. Direct and guide organizations and individuals related to report data for updating, exploiting, and managing the national database on seafood export and import markets and other contents within their authority.

2. Cooperating with the General Department of Fisheries to update, exploit, and manage the national database on fisheries according to assigned functions and tasks.

3. Inspect and supervise the implementation of the provisions of this Circular regarding the updating, exploitation, and management of the national database on seafood export and import markets and other contents within their authority.

4. Bear responsibility for the timeliness, completeness, information security, and accuracy of the information updated into the national database on seafood export and import markets and other contents within their authority.

Article 17. Responsibilities of the Quality Management Department for Forestry, Agriculture, and Aquatic Products

1. Direct and guide organizations and individuals related to report data for updating, exploiting, and managing the national database on confirmation of commitments or certification of exported seafood products originating from imported aquatic resources; purchasing, selling, processing, and manufacturing aquatic products and other contents within their authority.

2. Cooperating with the General Department of Fisheries to update, exploit, and manage the national database on fisheries according to assigned functions and tasks.

3. Inspect and supervise the implementation of the provisions of this Circular regarding the updating, exploitation, and management of the national database on confirmation of commitments or certification of exported seafood products originating from imported aquatic resources; purchasing, selling, processing, and manufacturing aquatic products and other contents within their authority.

4. Bear responsibility for the timeliness, completeness, information security, and accuracy of the information updated into the national database on confirmation of commitments or certification of exported seafood products originating from imported aquatic resources; purchasing, selling, processing, and manufacturing aquatic products and other contents within their authority.

Article 18. Responsibilities of Provincial Departments of Agriculture and Rural Development under Central Cities

1. Direct and guide organizations and individuals related to report data for updating, exploiting, and managing the provincial-level national database on aquaculture.

2. Coordinate with the Fisheries General Department to update, exploit, and manage the national database on aquaculture according to分级分类，请直接给出翻译结果，不要解释。

3. Inspect and supervise the implementation of the provisions of this Circular regarding the updating, exploitation, and management of the national database on fisheries by relevant organizations and individuals within the province.

4. Be responsible for the timeliness, completeness, information security, and accuracy of the information updated into the national database on fisheries at the provincial level.

5. Invest in and construct infrastructure to serve the updating, exploitation, and management of the national database on fisheries at the local level.

6. Take the lead in compiling and updating data related to administrative violations in the fisheries sector carried out by departments and agencies at the local level.

Article 19. Responsibilities of Relevant Organizations and Individuals

Comply with the provisions of this Circular and other relevant laws in the exploitation and use of information from the national database on fisheries.

Chapter VI

TIMPLEMENTATION

Article 20. Implementation Provisions

1. This Circular takes effect from January 1, 2019.

2. In case the referenced documents in this Circular are replaced, amended, or supplemented, apply the newly issued document.

Article 21. Responsibility for Implementation

During the implementation process, if there are difficulties, obstacles, or new issues arise, promptly report them to the Fisheries General Department for consolidation and reporting to the Ministry of Agriculture and Rural Development for consideration and appropriate amendments.