Circular No. 26/2013/TT-BNNPTNT on the management of aquatic seed

CIRCULAR

On the management of aquatic seedlings

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Pursuant to Decree No. 01/2008/ND-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/ND-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/ND-CP of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Fisheries Law 2003;

BASED ON THE LAW ON PRODUCT QUALITY 2007;

Based on the Livestock Breed Ordinance 2004;

Based on the Veterinary Ordinance 2004;

Pursuant to Decree No. 59/2005/ND-CP dated May 4, 2005 of the Government on conditions for production and business of certain aquatic industries; Decree No. 14/2009/ND-CP dated February 13, 2009 of the Government amending and supplementing some articles of Decree No. 59/2005/ND-CP dated May 4, 2005 of the Government on conditions for production and business of certain aquatic industries;

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

The Minister of Agriculture and Rural Development issues Circular on the management of aquatic seedlings.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. Applicability:

a) This circular specifies the management of conditions for production and business, quality, testing, inspection of aquatic seedlings, and the responsibilities of organizations and individuals involved.

b) This circular does not include content related to quarantine of aquatic seedlings; granting permits for export and import of aquatic seedlings.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

This circular applies to agencies, organizations, and individuals within Vietnam and foreign entities related to activities of production and business, quality, testing, and inspection of aquatic seedlings in Vietnam.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. Aquatic seedlings: Are species of aquatic animals and plants including eggs, embryos, sperm, and larvae used for producing seedlings, serving as breeding stock for commercial farming, ornamental farming, and recreational farming.

2. New aquatic seedlings: Are aquatic seedlings that are imported for the first time or created for the first time in Vietnam.

3. Main parent aquatic seedlings include: Whiteleg shrimp (Litopenaeus vannamei/Penaeus vannamei), black tiger shrimp (Penaeus monodon), tra catfish (Pangasius hypophthalmus), tilapia (Oreochoromis spp).

4. Breeding aquatic seedlings: Is the process of selecting, crossbreeding, fertilizing, or using other genetic techniques to create new seedlings.

5. Rearing aquatic seedlings: Is the process of raising aquatic larvae through various stages of metamorphosis until they become seedlings.

6. Conditioning aquatic seedlings: Is the process of raising aquatic seedlings at production and business facilities after their transportation from breeding farms to recover health and increase size.

7. Testing aquatic seedlings: Is the process of caring for, raising, and monitoring aquatic seedlings under specific conditions and times to determine differences, stability, uniformity in yield, quality, disease resistance, and assess the impact of the seedlings.

8. Inspecting aquatic seedlings: Is the process of rechecking yield, quality, disease resistance, characteristics of aquatic seedlings after they are put into production or serving as a basis for announcing the quality of aquatic seedlings meeting standards.

Article 3. Fees and Charges

1. Fees and charges in the management of aquatic seedlings shall be implemented according to the current regulations of the Ministry of Finance.

2. Costs for testing and inspecting aquatic seedlings shall be carried out according to contracts and agreements between testing and inspection facilities and facilities requiring testing and inspection of aquatic seedlings based on basic norms of the Ministry of Finance and actual costs.

Chapter II

PROVISIONS ON THE CONDITIONS FOR PRODUCTION AND BUSINESS OF AQUATIC SEEDS

Article 4. Conditions for aquatic seed breeding facilities

Organizations and individuals engaged in breeding aquatic seeds must comply with the following regulations:

1. Possess a business registration certificate or investment certificate for aquatic seeds or a Decision specifying functions and tasks related to research and production of aquatic seeds applicable to public service units;

2. The construction site must be in accordance with local planning or have a permit from the competent authority;

3. Have at least one technical staff member with a diploma level or higher in aquaculture or a certificate of training in aquaculture issued by a competent authority;

4. Have a quarantine area for monitoring the health of newly imported aquatic seeds. Infrastructure and technical equipment must be suitable for each species and grade of aquatic seeds according to QCVN 02-15:2009/BNNPTNT issued together with Circular No. 82/2009/TT-BNNPTNT dated December 25, 2009 of the Ministry of Agriculture and Rural Development on the issuance of National Technical Regulations on food safety conditions in aquaculture production;

5. Have clear signage and address;

6. Must announce the quality standards of aquatic seeds and ensure the quality of announced aquatic seeds; implement labeling of aquatic seeds during circulation as stipulated in Appendix 1 issued together with this Circular;

7. Implement record keeping of files tracking the process of production and business of aquatic seeds, contents of records specified in Section A, Appendix 2 and retain files for a minimum of three (03) years.

For facilities producing aquatic seeds that have registered to apply Good Aquaculture Practices (VietGAP, GlobalGAP, or equivalent standards), they must establish management files for the production process according to the criteria set out in the Good Aquaculture Practices and guidance from authorized assessment and certification organizations.

Article 5. Conditions for aquatic seed nursery and rearing facilities

Organizations and individuals engaged in nursery and rearing of aquatic seeds must comply with the following regulations:

1. Comply with the provisions of Clause 1, 2, 3, 5, 6, Article 4 of this Circular;

2. Have infrastructure and technical equipment suitable for each species and grade of aquatic seeds: systems of nursery and rearing tanks and ponds; clean water sources and separate supply and drainage systems; equipment and tools ensuring nursery and rearing of aquatic seeds.

3. Implement record keeping of files tracking the nursery and rearing process of aquatic seeds, contents of records specified in Section B, Appendix 2 and retain files for a minimum of two (02) years.

Article 6. Conditions for facilities producing and trading parent aquatic seeds

1. Conditions for facilities producing and trading parent aquatic seeds

Organizations and individuals engaged in producing and trading parent aquatic seeds must comply with the following regulations:

a) Comply with the provisions of Clause 1, 2, 4, 5, 6, 7 of Article 4 of this Circular.

b) Have at least one technical staff member with a bachelor's degree or higher in aquaculture.

2. Conditions for facilities producing and trading main parent aquatic seeds

Organizations and individuals engaged in producing and trading main parent aquatic seeds must comply with the following regulations:

a) Comply with the provisions of Clause 1 of this Article;

b) Have a stock of high-quality parent aquatic seeds: purebred seeds or seeds recognized through trials or have seed grades resulting from research and selection projects recognized at the ministerial or state level.

3. Organizations and individuals before engaging in the production and trade of main parent aquatic seeds must submit a notification letter to the General Department of Fisheries for consolidation, monitoring, and management (in the form attached in Appendix 3 issued together with this Circular).

Chapter III

QUALITY OF AQUATIC SEEDS

Article 7. Announcement of standards applicable to aquatic animal breeds

1. Aquatic animal breed production and business establishments shall self-declare the applicable standards. The procedures for developing and applying standards shall be carried out in accordance with Circular No. 21/2007/TT-BKHCN dated September 28, 2007 of the Ministry of Science and Technology on guiding the development and application of standards, and Circular No. 29/2011/TT-BKHCN dated November 15, 2011 amending and supplementing Circular No. 21/2007/TT-BKHCN.

2. Aquatic animal breed production and business establishments shall submit one set of standard announcement files to the local aquatic farming management authority for updating and monitoring management.

3. The owner of aquatic animal breed production and business establishments must bear responsibility for the quality of aquatic animal breeds according to the announced files.

Article 8. Certification and announcement of conformity for aquatic animal breeds

Certification and announcement of conformity shall be implemented in accordance with Circular No. 55/2012/TT-BNNPTNT dated October 31, 2012 on guiding procedures for designating organizations to certify and announce conformity within the scope of management of the Ministry of Agriculture and Rural Development.

Article 9. Quality of aquatic animal breeds

1. The quality of aquatic animal seedlings must meet the following requirements:

a) Comply with the basic standards that have been announced;

b) Before circulation, quarantine must be conducted in accordance with regulations;

c) When transporting seedlings to the breeding facility for growing into larger breeds, there must be an invoice clearly indicating the origin, accompanied by documentation and files proving the purchase of seedlings for breeding into larger breeds or the receiving place must have a business registration certificate with the breeding activity listed as a business line.

2. The quality of parent aquatic animal breeds must meet the following requirements:

a) Comply with the basic standards that have been announced;

b) Before circulation, quarantine must be conducted in accordance with regulations.

3. The quality of key parent aquatic animal breeds must meet the following requirements:

a) Comply with the provisions of Clause 2 of this Article;

b) Must undergo testing and examination for diseases before being allowed to reproduce in accordance with the provisions of Section 1 of Appendix 4 issued together with this Circular;

c) Must comply with technical requirements as stipulated in Section 2 of Appendix 4 issued together with this Circular.

Chapter IV

TESTING AND INSPECTION OF AQUATIC ANIMAL BREEDS

Article 10. Principles of Testing

1. Situations requiring testing:

a) Aquatic animal breeds created for the first time domestically.

b) New aquatic animal breeds imported into Vietnam for the first time.

2. For aquatic animal breeds that have undergone research and crossbreeding under projects/research topics recognized at the ministerial level or national level, they will be recognized as new breeds. The Fisheries General Department will compile and submit to the Ministry of Agriculture and Rural Development for inclusion in the list of permitted aquatic animal breeds for production and business.

Article 11. Conditions for Testing Facilities for Aquatic Animal Breeds

Testing facilities for aquatic animal breeds must fully comply with the following regulations:

1. Registered to conduct testing activities for aquatic animal breeds with competent state authorities or institutions with research functions on aquatic animal breeds;

2. Have infrastructure meeting the ecological requirements of the tested subjects; consistent with planning and ensuring veterinary hygiene conditions and environmental protection laws;

3. Have specialized equipment and facilities meeting the testing requirements for each subject and grade of aquatic animal breeds: having an appropriate number of ponds or tanks for testing arrangements, sufficient water of required quality; separate water supply and drainage systems, with wastewater retention ponds that meet requirements; ensuring environmental index testing and disease indices for aquatic animals; having adequate feed, chemicals, and other products needed during the testing process.

4. Have at least two technical staff members with a bachelor's degree or higher in aquaculture.

Article 12. Procedures for Recognizing Facilities Meeting the Conditions for Conducting Trials

1. The application dossier for recognizing facilities meeting the conditions for conducting trials includes:

a) A request for recognition of a trial facility (in accordance with Appendix 5 issued together with this Circular)pursuant to Appendix 5 issued together with this Circular);

b) A description of the conditions for conducting fish seed trials (in accordance with Appendix 6 issued together with this Circular) (pursuant to Appendix 6 issued together with this Circular);

c) Decision on establishment or Business Registration Certificate or Investment Certificate with appropriate business activities;

d) Graduation certificates of two technical staff members.

The dossiers specified in points c and d of Clause 1 of this Article shall be copies accompanied by original documents for verification in cases where the facility submits the dossier directly, or certified copies in cases where the dossier is sent through postal service.

2. Procedure for Recognizing Facilities Meeting the Conditions for Conducting Trials:

a) Facilities that meet the conditions stipulated in Article 11 of this Circular and have a need to register shall submit one set of dossiers directly or through postal service to the Fisheries General Department.

b) Within no more than two working days, if the dossier is incomplete, the Fisheries General Department will issue a written response specifying the reasons.

c) Within no more than fifteen working days from the date of receiving complete and valid dossiers, if necessary, the Fisheries General Department will organize an on-site inspection of the facility's conditions as stipulated in Article 11 of this Circular.

d) In cases where the facility meets the requirements, within no more than five working days from the end date of the on-site inspection, the Fisheries General Department will issue a Recognition Decision and include it in the List of Facilities Meeting the Conditions for Conducting Fish Seed Trials. If the facility does not meet the requirements, the inspection team will record the deficiencies and require rectification, then conduct another inspection after the facility has completed the rectifications and submitted a request for re-inspection.

e) The Recognition Decision for a fish seed trial facility is valid for five years. Three months before the expiration date, if there is a need to renew registration, the facility must submit a written request to the Fisheries General Department, following the procedures outlined in Clause 3 of this Article.

3. Renewal Application Dossier:

a) A request for recognition of a trial facility (in accordance with Appendix 5 issued together with this Circular)(in accordance with Appendix 5 issued together with this Circular);

b) Description of the conditions for conducting fish seed trials (pursuant to Appendix 6 issued together with this Circular).

4. Renewal Procedure: carried out according to Clause 2 of this Article.

Article 13. Procedures for Conducting Fish Seed Trials

1. Organizations and individuals wishing to conduct fish seed trials shall submit one set of dossiers directly or through postal service to the Fisheries General Department, including:

a) Application for Conducting Fish Seed Trials (in accordance with Appendix 7 issued together with this Circular); (pursuant to Appendix 7 issued together with this Circular);

b) Trial Outline for Fish Seed (in accordance with Appendix 8 issued together with this Circular); (pursuant to Appendix 8 issued together with this Circular);

c) Contract for Conducting Trials between the organization or individual applying for the trial and the recognized trial facility;

d) Technical documents regarding the biological characteristics, reproductive capacity, and growth of the new variety.

"2. Implementation procedures:"

a) Within no more than two working days, the Fisheries General Department will check the dossier; if the dossier is incomplete, the Fisheries General Department will issue a written response specifying the reasons.

b) Within no more than fifteen working days from the date of receiving complete and valid dossiers, the Fisheries General Department will review the Trial Outline and respond in writing, agreeing or disagreeing or requesting modifications.

c) The trial facility will conduct the trial according to the approved outline.

d) Within no more than fifteen working days from the end date of the trial, the trial facility will send the trial results report to the organization or individual who applied for the trial (in accordance with Appendix 10 issued together with this Circular). (pursuant to Appendix 10 issued together with this Circular).

3. Supervision of Trials:

a) Supervising Unit: The aquaculture management agency under the Department of Agriculture and Rural Development at the locality where the trial takes place.

b) Content of Supervision: According to the contents in the trial outline for fish seed.

c) During supervision, if there are unexpected issues, the supervising unit will require the trial facility to follow the approved outline strictly.

d) Within no more than five working days from the end date of the trial, the supervising unit will send the supervision results report to the Fisheries General Department and the organization or individual who applied for the trial.

4. Inspection of Trials:

a) Regular Inspection: The Fisheries General Department will organize inspection teams to inspect the fish seed trial activities regularly, not exceeding twice during the trial period. The content and time of inspection will be notified in advance to the trial facility and the organization or individual who applied for the trial.

b) Unscheduled Inspection: In case of necessity, without prior notice, the Fisheries General Department will organize direct inspections of the fish seed trial work.

c) Composition of the Inspection Team: Representatives of officials responsible for aquaculture management under the Fisheries General Department and local aquaculture management units (if necessary).

Article 14. Procedures for Recognizing New Aquatic Plant Varieties

1. Documents for Requesting Evaluation and Recognition of New Aquatic Plant Varieties: After completing the trial, organizations or individuals with aquatic plant varieties to be tested shall submit one set of documents requesting evaluation and recognition of new aquatic plant varieties to the General Department of Fisheries. The documents include:

a) Application for Evaluation and Recognition of Trial Results (Annex 9 issued together with this Circular);

b) Report on Trial Results of Aquatic Plant Varieties (pursuant to Appendix 10 issued together with this Circular);

2. Procedure for Recognizing New Aquatic Plant Varieties:

a) Checking the completeness of the documents within two (02) working days. If the documents are incomplete, the General Department of Fisheries will issue a written response specifying the reasons. Within fifteen (15) working days from receiving complete documents requesting evaluation and recognition of trial results of aquatic plant varieties, the General Department of Fisheries will establish a specialized scientific council to evaluate the trial results.

b) After being evaluated and concluded as meeting requirements by the specialized scientific council, the General Department of Fisheries will issue a Decision recognizing new aquatic plant varieties within three (03) working days (Annex 11 issued together with this Circular). In case the evaluation council does not meet the requirements, the General Department of Fisheries will issue a notification specifying the reasons to the organization or individual holding the aquatic plant variety for testing.

The entity is permitted to produce and trade the aquatic plant variety immediately after receiving the Decision recognizing new aquatic plant varieties.

c) Within fifteen (15) working days from issuing the Decision recognizing new aquatic plant varieties, the General Department of Fisheries will report to the Minister of Agriculture and Rural Development to supplement the list of aquatic plant varieties permitted for production and trading.

Article 15. Inspection of Aquatic Plant Varieties

1. Cases for Inspection:

a) At the request of organizations or individuals;

b) As required by management.

2. Inspecting Authority: The General Department of Fisheries.

3. The inspection of aquatic plant varieties is conducted according to each criterion, each type of variety, and each grade of variety. The results of inspecting aquatic plant varieties are announced by the General Department of Fisheries.

Chapter V

INSPECTION OF PRODUCTION CONDITIONS AND QUALITY OF AQUATIC PLANT VARIETIES

Article 16. Inspection of Production Conditions of Aquatic Plant Variety Enterprises

1. Inspecting Authority: Provincial/Federal City Management Agencies for Aquaculture.

2. Basis for Inspection: National Technical Regulations and regulations of the Ministry of Agriculture and Rural Development.

3. The procedure and content of inspection are carried out according to Circular No. 14/2011/TT-BNNPTNT dated March 29, 2011, regarding the regulation on inspection and evaluation of agricultural material production and processing enterprises and Circular No. 01/2013/TT-BNNPTNT dated January 4, 2013, amending and supplementing some articles of Circular No. 14/2011/TT-BNNPTNT.

Article 17. Inspection of Quality of Aquatic Plant Varieties in Production and Trading

1. Principles of Inspection:

a) The inspection of quality of aquatic plant varieties (including disease regulations) is conducted at the production facility.

b) The inspection of quality of aquatic plant varieties at the local reception site can only be conducted when there is suspicion. The content and procedure of inspection follow the content and procedure of inspecting quality of aquatic plant varieties during production.

c) The inspection of quality of aquatic plant varieties in production and trading is conducted through an inspection team. The inspection team is established by the aquaculture management agency, with participation and coordination from the veterinary management agency if necessary.

2. Inspecting Authority:

a) The General Department of Fisheries: Conducts random inspections of the quality of aquatic plant varieties in production and trading nationwide.

b) Provincial/Federal City Aquaculture Management Agencies directly inspect the quality of aquatic plant varieties in production and trading.

3. Basis for Inspection:

a) Announced standards that have been applied;

b) Regulations of the Ministry of Agriculture and Rural Development on the quality of aquatic plant varieties.

4. Inspection contents:

a) Inspect the quality of aquatic plant varieties based on the quality criteria that have been announced or registered for application (size, quantity, type, age, purity, proportion, activity state of the aquatic plant variety, usage time, number of breeding times, etc.) as stipulated in Clause 3 of this Article;

b) Inspect the results of suitability assessment, labeling, conformity marks, and records during the production and trading of aquatic plant varieties;

c) Take samples and test them to check the conformity of aquatic plant varieties with the announced standards. This inspection is conducted when signs of non-compliance with quality are detected after implementing the contents specified in points a and b, Clause 4 of this Article.

5. Forms of Inspection:

a) According to approved programs and plans: This form of inspection is notified in writing in advance.

b) Random inspection: This form of inspection is unannounced.

6. Procedure for Inspecting Quality of Aquatic Plant Varieties:

a) Announce the decision to establish the inspection team;

b) Conduct inspection according to the contents stipulated in Clause 4 of this Article;

c) Prepare the inspection record;

d) Notify the production and trading enterprise of the inspection results and report to the inspection authority;

đ) Handle violations according to the provisions of the law.

Article 18. Inspection of Quality of Imported Aquatic Seed

1. Principles of Inspection:

a) The inspection of quality of imported aquatic seed shall not apply to the following cases: Imported aquatic seed for trial, research, and display at trade fairs or exhibitions.

b) Reduction or exemption from inspection of quality of imported aquatic seed based on stored records and results of previous inspections of the same product from the same manufacturer within a minimum of three batches (for reduction of inspection) and five consecutive batches (for exemption from inspection) that have met quality standards, the Fisheries General Department shall decide and issue a notification regarding the reduction or exemption from inspection of quality of imported aquatic seed to the enterprise.

c) The location for inspecting the quality of imported aquatic seed is the quarantine isolation site.

d) Organizations and individuals importing aquatic seed, after completing the quarantine procedures at the border gate, shall submit the application for inspection of quality of imported aquatic seed to the Quality Inspection Authority.

2. Quality Inspection Authority:

a) Fisheries General Department: Inspects the quality of main parent aquatic seed imported.

b) Provincial/Municipal Aquaculture Management Authority where the quarantine isolation takes place: Inspects the quality of imported aquatic seed (excluding main parent aquatic seed).

3. Organizations and individuals applying for inspection of quality of imported aquatic seed shall prepare one set of documents, either directly submitting or sending via post to the Quality Inspection Authority. The documents include:

a) A request for quality inspection (three copies) according to the model attached as Appendix 12 of this Circular;

b) Original or certified copy (stamped by the importing entity) of the purchase contract, detailed goods list (Packing List), and sales invoice.

4. Procedure for implementation:

a) Upon receipt of the application for inspection, the Quality Inspection Authority shall review and guide the entity to supplement missing or non-compliant contents.

b) In case the application is complete and valid within one working day, the Quality Inspection Authority shall confirm on the Quality Inspection Application Form, including notification of inspection content, agreed time and location for inspection, and return two confirmed copies of the application form to the organization or individual.

5. Inspection Content:

a) Actual inspection of the imported seed batch against the registration documents;

b) Inspection criteria for parent aquatic seed: Size, quantity, age, purity, reproductive size, maturity level, sex ratio, activity status, morphological structure, other quality criteria of the aquatic seed compared to current Vietnamese regulations.

c) Inspection criteria for commercial aquatic seed: Size, quantity, age, purity, activity status, morphological structure, other quality criteria of the aquatic seed compared to current Vietnamese regulations.

6. Handling of Inspection Results:

a) After obtaining the inspection results (within one working day), the inspection authority shall issue a notification of compliance with quality standards (according to the model in Appendix 13) for batches meeting the requirements and send it to the registering organization or individual.

b) In case the inspection results do not meet the required quality standards, the inspection authority shall issue a notification of non-compliance with quality standards (according to the model in Appendix 13) to the registering organization or individual and handle the violation according to regulations.

Article 19. Inspection of Aquatic Seed Production Bases in Exporting Countries

1. Based on international treaties or agreements, cooperation on aquatic seed with the fisheries management agencies of exporting countries, the Ministry of Agriculture and Rural Development decides to establish inspection teams, plans, and contents for inspecting aquatic seed production bases in exporting countries entering Vietnam.

2. Content of Inspection:

a) Technical infrastructure conditions and veterinary hygiene;

b) Technology for breeding and producing aquatic seeds;

c) Documentation during the process of producing aquatic seeds;

d) Other relevant contents.

3. The budget for implementing inspections shall be allocated annually from the state budget according to current regulations.

Chapter VI

RESPONSIBILITIES OF RELEVANT AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS

Article 20. Fisheries General Administration

1. State management of aquatic seeds nationwide. Directing and guiding specialized and technical matters related to aquatic seed management.

2. Inspecting aquatic seed production bases in exporting countries entering Vietnam. Inspecting the quality of imported parent aquatic seeds or delegating this task to local fisheries management agencies.

3. Reviewing registration files, evaluating, and recognizing facilities meeting the conditions for testing aquatic seeds and reviewing, evaluating, and recognizing the results of aquatic seed testing according to regulations.

4. Inspecting the conditions of facilities producing and trading parent aquatic seeds (when organizations or individuals report on the production of parent aquatic seeds) or delegating this task to local fisheries management agencies.

5. Inspecting and supervising aquatic seeds nationwide; inspecting the responsibility of local management agencies in managing aquatic seeds.

6. Compiling and submitting to the Minister of Agriculture and Rural Development for promulgation the List of Permitted Aquatic Seeds for Production and Trading.

7. Organizing guidance and implementation of this Circular.

Article 21. Department of Animal Health

1. Directing local animal health management agencies to participate in inspection and supervision teams regarding the quality of aquatic seeds.

2. Cooperating with the Fisheries General Administration in managing aquatic seeds according to the provisions of this Circular.

Article 22. Departments of Agriculture and Rural Development

1. Managing aquatic seeds according to this Circular within the jurisdictional area.

2. Directing, guiding, inspecting, and supervising subordinate agencies in managing aquatic seeds within the jurisdictional area.

3. Directing local animal health management agencies and local aquaculture management agencies to conduct inspections and controls on aquatic seeds at the same time to avoid inconvenience to businesses.

4. Summarizing and reporting on the situation of production, trading, and quality of aquatic seeds in the province to the Fisheries General Administration every six months, annually, or when requested, and after inspection and supervision rounds on aquatic seeds.

Article 23. Local Aquaculture Management Agencies

1. Organizing statistics, inspections, evaluations, and classifications of facilities producing and trading, rearing, and nurturing aquatic seeds; inspecting the quality of aquatic seeds within the jurisdictional area according to regulations.

2. Inspecting the quality of imported aquatic seeds (excluding parent aquatic seeds).

3. Leading the organization of inspections and supervision of facilities producing and trading, rearing, and nurturing aquatic seeds; local animal health management agencies cooperate at the same time.

4. Guiding organizations and individuals to announce standards according to current regulations.

5. Annually organizing training and disseminating laws and regulations on aquatic seeds and techniques for producing aquatic seeds.

6. Performing other tasks delegated by the Fisheries General Administration.

7. Reporting on the situation of production, trading, and quality of aquatic seeds in the province to the Fisheries General Administration quarterly, every six months, annually, or when requested; after inspecting the quality of imported aquatic seeds and after inspection and supervision rounds on aquatic seeds.

Article 24. Aquatic seed testing facilities

1. Draft and implement testing in accordance with the approved outline.

2. Guide organizations and individuals with aquatic seeds to carry out the contents stipulated in this Circular and other relevant laws.

3. Bear responsibility for the testing results; retain records for at least five years.

4. In case of inaccurate results causing damage to production, business operations, and aquaculture farmers, they must compensate for the testing costs for organizations and individuals with tested aquatic seeds and compensate for losses incurred during production, business operations, and use of aquatic seeds due to incorrect testing.

Article 25. Organizations and individuals engaged in production, business, breeding, and seed production of aquatic animals

1. Implement regulations related to aquatic seeds as stipulated in this Circular.

2. Provide relevant documents and facilitate inspection agencies in performing their duties.

3. Be responsible under the law for the aquatic seeds produced and traded by themselves, only releasing quality-assured seeds into circulation.

4. Pay fees and charges as prescribed in Article 3 of this Circular.

5. Have the right to request state management agencies to provide information, regulations, and forms related to aquatic seeds as prescribed by law.

Chapter VII

IMPLEMENTATION

Article 26. Transitional Provisions

Within two years from the date this Circular takes effect, the functional agencies specified in Decision No. 18/2002/QD-BTS dated June 3, 2002, on the issuance of the Regulations on Testing Aquatic Seeds, Feed, Medicines, Chemicals, and Biological Preparations Used in Aquaculture, must re-register for recognition according to the provisions of this Circular.

Article 27. Implementation Provisions

1. This Circular shall take effect from July 5, 2013.

2. This Circular replaces the relevant provisions on testing aquatic seeds in Decision No. 18/2002/QD-BTS dated June 3, 2002, of the Minister of Fisheries on the issuance of the Regulations on Testing Aquatic Seeds, Feed, Medicines, Chemicals, and Biological Preparations Used in Aquaculture, and replaces Clause 3, Section III of Circular No. 02/2006/TT-BTS dated March 20, 2006, of the Ministry of Fisheries guiding the implementation of Decree No. 59/2005/NĐ-CP of the Government dated May 4, 2005, on conditions for production and business of certain fisheries trades.

Article 28. Implementation Organization

Any difficulties or new issues arising during implementation should be promptly reported to the Ministry of Agriculture and Rural Development (Fisheries General Department) for review and amendment./.