Circular No. 28/2011/TT-BNNPTNT provides for the certification and confirmation of exported marine products harvested for export to the European market.

CIRCULAR

Regulations on certification and confirmation of marine products for export to the European market

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Based on the Fisheries Law dated November 26, 2003;

Based on 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 of the Government amending Article 3 of Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government;

Based on Decree No. 59/2005/ND-CP dated May 4, 2005 of the Government on conditions for production and business in certain marine 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;

Based on Decree No. 33/2010/ND-CP dated March 31, 2010 of the Government on management of fishing activities by organizations and individuals of Vietnam in various sea areas;

To serve state management requirements for fishing and protection of marine resources and to implement the provisions of the European Union Council regarding prevention, deterrence, and elimination of illegal, unreported, and unregulated fishing activities, the Ministry of Agriculture and Rural Development hereby stipulates regulations on certification and confirmation of marine products for export to the European market as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular prescribes the procedures, formalities, and contents of confirming raw materials from marine products, certifying marine products, and confirming commitments for marine products exported with origins from imported marine products for export to the European market.

Article 2. Applicability

1. This Circular applies to organizations and individuals involved in fishing, purchasing, processing, and exporting marine products, and importing marine products for processing and exporting to the European market.

2. It does not apply to marine products and marine product items listed in Appendix 1 attached hereto.

Article 3. Explanation of Terms

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

1. Confirmation of raw materials from marine products: Is the confirmation by the competent authority that the raw materials from marine products do not violate regulations on illegal, unreported, and unregulated fishing.

2. Certification of marine products: Is the certification by the competent authority that the export consignment processed from raw materials from marine products does not violate regulations on illegal, unreported, and unregulated fishing.

3. Confirmation of commitment for exported marine products with origins from imported marine products: Is the confirmation by the competent authority that the consignment processed from imported marine products does not violate regulations on illegal, unreported, and unregulated fishing.

4. Fishing area: Is the sea area where fishing vessels conduct fishing operations during a fishing trip.

5. Fishing time: Is the period from the day the vessel starts deploying nets for fishing until the day it finishes hauling them.

6. Certified consignment: Is the consignment certified by the competent authority for export to the EU.

7. Transshipment at port: Is the activity of transferring goods from one ship to another within the port limits.

Shipper: Is the owner of the consignment of marine products exported to Europe.

Article 4. Illegal, Unreported, and Unregulated Fishing Activities

Illegal, unreported, and unregulated fishing activities when organizations and individuals engage in fishing activities violating any of the following acts:

1. Fishing without a valid Fishing Permit issued by the competent authority.

2. Not recording and reporting fishing activities as required.

3. Fishing in prohibited areas, during prohibited times, with prohibited species, or with undersized species exceeding allowable proportions.

4. Using prohibited fishing methods or fishing gears or using them improperly.

5. Concealing, falsifying, or destroying evidence of violations related to fishing and protection of marine resources.

6. Obstructing the work of officials performing inspection and supervision duties concerning fishing and protection of marine resources.

7. Loading onto ships, transshipping, or transporting undersized species exceeding allowable proportions.

8. Transshipping or participating in, assisting, or supporting fishing activities of vessels already identified as engaging in illegal, unreported, and unregulated fishing.

9. Engaging in fishing activities in areas managed by regional fisheries management organizations without complying with their regulations if Vietnam has signed or joined such organizations.

Article 5. Authorities with the power to certify and confirm harvested aquatic products

1. The Fishery Resource Exploitation and Protection District Offices or units assigned the task of managing the specialized sector of fishery resource exploitation and protection at the local level shall carry out certification of harvested aquatic products, confirmation of raw materials from harvested aquatic products, and inspection of illegal, unreported, and unregulated fishing activities on fishing vessels.

2. The Regional Quality Control Centers for Agriculture, Forestry, and Aquatic Products under the Directorate of Quality Control for Agricultural and Forestry Products and Aquatic Products shall conduct inspections and confirm commitments for exported aquatic product products originating from imported harvested aquatic products.

Chapter II

PROCEDURE AND PROCEDURES FOR CERTIFICATION AND CONFIRMATION OF HARVESTED AQUATIC PRODUCTS

Article 6. Confirmation of raw materials of caught aquatic products

The exporter fills in the required information according to the regulations in the Certificate of Raw Materials from Harvested Aquatic Products (as specified in Appendix 3 attached to this Circular) and sends it to the authority with the power as stipulated in Clause 1, Article 5 of this Circular where the exporter purchases the raw materials from harvested aquatic products, either directly at the authority or through postal service.

2. Within no more than two working days from the date of receiving the request for confirmation of raw materials from harvested aquatic products, the authority shall verify the authenticity of the information declared in the Certificate of Raw Materials from Harvested Aquatic Products and confirm for the exporter.

In case of non-confirmation, there must be a written response stating the reasons.

3. Exporters requesting confirmation of raw materials from harvested aquatic products may receive the results directly at the authority or via postal service (in cases where the exporter requests the confirmation result of raw materials from harvested aquatic products to be sent via postal service).

4. The Certificate of Raw Materials from Harvested Aquatic Products shall be made in two copies, one copy given to the exporter and one copy retained by the confirming authority.

Article 7. Certification of caught aquatic products

1. The exporter completes one set of documents and submits it to one of the authorities with the power where the exporter has purchased the raw materials for exported aquatic products, either directly at the authority or through postal service. The documents include:

a) Certificate of Harvested Aquatic Products (fully filled in all sections from Section 2 to Section 8; as specified in Appendix 2 attached to this Circular);

b) Transport Information (fully filled in all information, as specified in Appendix 2b attached to this Circular);

c) Supplementary Information for Aquatic Products Processed from Raw Materials of Vietnamese Fishing Vessels, used when the exported products of a batch are made from more than one (01) vessel or when the raw materials are purchased from one (01) vessel but processed into more than one batch (as specified in Appendix 2a attached to this Circular);

d) Certificate of Raw Materials from Harvested Aquatic Products (related to the export batch already confirmed by the authority).

2. Within no more than two working days from the date of receiving the application for certification of harvested aquatic products, the authority shall verify the authenticity of the information in the application for certification of harvested aquatic products and certify for the exporter.

In case of non-certification, there must be a written response stating the reasons.

3. Exporters requesting certification of harvested aquatic products may receive the results directly at the authority or via postal service (in cases where the exporter requests the certification result of harvested aquatic products to be sent via postal service).

4. Each export batch is issued one Certificate of Harvested Aquatic Products. The Certificate of Harvested Aquatic Products shall be made in two copies, one copy given to the exporter and one copy retained by the certifying authority.

Article 8. Confirmation of Commitment for Exported Aquatic Products Originating from Imported Marine Catch

1. A consignment of raw materials of imported marine catch for processing and export to the European market must have a certificate of marine catch issued by the competent authority of the country whose flag the vessel flies.

2. The exporter of a consignment produced from imported marine catch shall submit one set of registration dossier to the competent authority mentioned in Clause 2, Article 5 of this Circular. The dossier includes:

a) The Fishing Product Origin Certificate (original or copy);

b) Certificate of quality and food safety inspection of the aquatic product consignment according to the model prescribed in Decision No. 118/2008/QĐ-BNN dated December 11, 2008 of the Minister of Agriculture and Rural Development or declaration of quarantine and quality and food safety inspection according to the model prescribed in Circular No. 47/2010/TT-BNNPTNT dated August 3, 2010;

c) Detailed list of the consignment issued together with the model prescribed in Appendix 1 issued together with Circular No. 47/2010/TT-BNNPTNT dated August 3, 2010;

d) Confirmation letter of commitment for exported aquatic products originating from imported marine catch (according to the model prescribed in Appendix 5 issued together with this Circular);

If the registration dossier for consignment inspection is in compliance, the inspection authority shall confirm on the registration dossier for consignment inspection and agree with the shipper on the time of on-site inspection. If not in compliance, the competent authority must guide the shipper to complete the dossier in accordance with the regulations.

3. Forms of inspection

On-site inspection shall be conducted for all consignments before export.

4. Content of Inspection

Verify the consistency and authenticity of the shipper's commitments compared to the production dossier of the consignment and the certificates of marine catch of the raw material consignments for producing the consignment.

5. Confirmation and notification of inspection results

a) Within two (02) working days from the end of on-site inspection, the competent authority shall confirm the shipper’s commitment for the consignment subject to inspection according to the model prescribed in Appendix 5 issued together with this Circular;

b) In case the inspection result does not meet the requirements, the competent authority shall not confirm the commitment and notify the shipper in writing, specifying the reasons.

Chapter III

INSPECTION OF ILLEGAL, UNREPORTED AND UNREGULATED FISHING ACTIVITIES FOR FISHING VESSELS

Article 9. Inspection of illegal, unreported and unregulated fishing activities for fishing vessels

1. Inspection Objectives

Fishing vessels engaged in fishing and transporting aquatic products that are used as raw materials for processing and exporting to the European market.

2. Inspection Authority

The Directorate of Fisheries Resource Exploitation and Protection and other authorities mentioned in Clause 1, Article 5 of this Circular shall develop plans and conduct inspections.

3. Principles of Inspection

Based on risk assessment principles, ensuring that inspections are conducted at least five percent of the total number of fishing vessels docking at ports annually.

4. Establishment of Inspection Teams

The head of the competent authority shall issue a decision establishing the Inspection Team, specifying the scope, content, and location of the inspection; names and positions of the team leader and members; responsibilities of the shipowner and the inspection team. The decision to establish the Inspection Team must be notified to the vessel at the start of the inspection.

5. Content of Inspection

Inspect fishing permits and the contents stipulated in Article 4 of this Circular and detailed in the decision establishing the Inspection Team by the competent authority.

After completing the inspection, the Inspection Team shall prepare an Inspection Report and notify the inspection results, detailing any violations (if any), signed by representatives of the Inspection Team, the captain, or the captain's representative. The Inspection Report shall be made in two copies, one copy handed over to the shipowner, and one copy retained by the competent authority. The model of the Inspection Report is issued according to Appendix 9 of this Circular.

6. Handling of inspection results

If the inspection results reveal violations of this Circular, depending on the severity of the violation, the inspection authority shall apply one of the following measures:

+ Not issuing a certificate of marine catch for the aquatic products caught by that vessel within sixty days from the date of inspection and listing that fishing vessel in the list of vessels engaged in illegal, unreported, and unregulated fishing and publishing it on the website of the General Department of Fisheries, Directorate of Fisheries Resource Exploitation and Protection (http://www.cucktbvnlts.gov.vn);

+ Transfer the dossier to the relevant authority for further handling in accordance with the law;

+ After sixty days, if the direct management authority of the fishing vessel confirms that the vessel has taken corrective actions and rectified the violations, the Directorate of Fisheries Resource Exploitation and Protection shall remove the vessel from the list of vessels engaged in illegal, unreported, and unregulated fishing.

Chapter IV

RESPONSIBILITIES AND LIMITS OF ORGANIZATIONS AND INDIVIDUALS

Article 10. Responsibilities and rights of the ship captain and fishing vessel owner

1. The ship captain and fishing vessel owner shall have the following responsibilities:

a) Provide accurate information related to the Record of Fisheries Products Harvested (model Appendix 3 issued together with this Circular) for the exporter, sign to confirm and be responsible for their declarations;

b) Create conditions for the Inspection Team to perform their tasks.

2. The ship captain, fishing vessel owner, or representative of the ship captain and fishing vessel owner

have the right to request the competent authority to provide regulations related to the confirmation of harvested fisheries raw materials and certification of harvested fisheries products.

Article 11. Responsibilities and rights of the exporter

1. The exporter shall have the following responsibilities:

a) Complete the relevant information recorded in the Certificate of Fisheries Products Harvested (as stipulated in Appendix 2 issued together with this Circular) and the Record of Fisheries Raw Materials Harvested (as stipulated in Appendix 3, Annex 2a, Annex 2b issued together with this Circular) before submitting the application to the competent authority for certification and confirmation, and be responsible for their declarations;

b) Provide information related to the implementation of this Circular when requested by the competent authority;

c) Store the certification and confirmation files for a period of three (03) years from the date of certification and confirmation.

The exporter shall have the following rights:

Request the competent authority to provide regulations related to certification and confirmation;

Choose one of the competent authorities where they purchased raw materials to request certification of harvested fisheries products.

Article 12. Responsibilities and powers of the competent authorities mentioned in Clause 1 of Article 5 of this Circular

1. Responsibilities

a) Resolve and accept applications related to the confirmation of harvested fisheries raw materials and certification of harvested fisheries products according to Articles 6 and 7 of this Circular upon the request of the exporter;

b) Guide the exporter, ship captain, fishing vessel owner, and representative of the ship captain and fishing vessel owner to perform tasks related to the confirmation of harvested fisheries raw materials and certification of harvested fisheries products;

c) Implement reporting procedures as stipulated in Article 16 of this Circular;

d) Report violations discovered to the General Department of Fisheries and transfer relevant files to the competent authority for handling according to regulations;

đ) Store files related to the certification of harvested fisheries products and confirmation of harvested fisheries raw materials for a period of three (03) years from the date of certification and confirmation.

2. Authorities

a) Require the ship captain, fishing vessel owner, representative of the ship captain and fishing vessel owner, and exporter to provide relevant information for certification and confirmation purposes;

b) Refuse certification and confirmation if the ship captain, fishing vessel owner, or exporter violate the provisions of this Circular.

Article 13. Responsibilities and powers of the competent authorities mentioned in Clause 2 of Article 5 of this Circular

1. Responsibilities

a) Perform the confirmation of commitments for exported aquatic products originating from imported harvested fisheries products according to Article 8 of this Circular;

Point b) Guiding importers on the implementation of the confirmation of export product commitments originating from imported fisheries products;

c) Report to the Directorate of Quality Assurance of Agriculture, Forestry and Fisheries as stipulated;

d) Store files confirming commitments for exported aquatic products originating from imported harvested fisheries products for a period of three (03) years from the date of confirmation.

2. Authorities

a) Require the importer to provide relevant information for confirmation purposes;

b) Refuse confirmation if the importer violates the provisions of this Circular.

Article 14. Responsibilities of the Fishery Port Management Board

a) Confirm information related to cargo transfer at the port in the fishery product harvesting certification (if applicable);

b) Provide information related to fishing vessels registered for anchorage and loading/unloading at the port.

Chapter V

IMPLEMENTATION

Article 15. Tasks of the management agency

1. Tasks of the General Department of Fisheries

Direct the Directorate of Fisheries Resource Exploitation and Protection:

a) Organize the unified implementation of specialized activities and operations; periodically inspect and supervise activities related to inspection and confirmation of harvested fishery raw materials, fishery product harvesting certification;

b) Organize training and professional development for staff involved in inspection and confirmation of harvested fishery raw materials, fishery product harvesting certification;

c) Organize publicity and guidance on procedures and methods of management, inspection, and confirmation of harvested fishery raw materials, fishery product harvesting certification to be uniformly applied nationwide; Publicize to fishermen, relevant organizations and individuals to enhance awareness about issues related to illegal, unreported, and unregulated fishing and the implementation of this Circular;

d) Report to the Ministry of Agriculture and Rural Development every six months on the results of implementing relevant provisions of this Circular;

đ) Announce a list of fishing vessels violating regulations on illegal, unreported, and unregulated fishing on the website of the General Department of Fisheries, the Directorate of Fisheries Resource Exploitation and Protection, relevant agencies, and the European Commission's Marine and Fisheries Unit;

e) Lead and coordinate with relevant Vietnamese agencies to exchange, negotiate with authorized European agencies regarding cooperation, information exchange, and handling issues related to the implementation of regulations against illegal, unreported, and unregulated fishing by the European Commission;

2. Tasks of the Quality Management Department for Agricultural, Forestry, and Fisheries Products

a) Direct and organize the unified implementation of specialized activities and operations; periodically inspect and supervise activities related to the verification of export product commitments derived from imported harvested fisheries products;

b) Uniformly manage professional activities; train and develop staff involved in the verification of export product commitments derived from imported harvested fisheries products;

c) Report to the Ministry of Agriculture and Rural Development every six months on the activities of verification of export product commitments derived from imported harvested fisheries products;

3. Tasks of Provincial Departments of Agriculture and Rural Development along coastal areas

a) Direct, guide, and inspect the implementation of this Circular by the competent authority specified in Clause 1, Article 5 of this Circular;

b) Guide, disseminate, and inspect compliance with regulations of the Ministry of Agriculture and Rural Development and professional guidance of the General Department of Fisheries;

c) Direct subordinate units to cooperate with relevant agencies in the area to organize guidance, publicity, and dissemination of relevant provisions of this Circular;

d) Advise provincial People's Committees to ensure funding, personnel, and related conditions for the operation of the competent authority for fishery product harvesting certification;

Article 16. Reporting System

1. Periodically monthly, quarterly, annually, or upon request, the competent authority specified in Clause 1, Article 5 of this Circular shall prepare detailed reports on the situation of fishery product harvesting certification and submit them to the Directorate of Fisheries Resource Exploitation and Protection.

Periodically monthly, quarterly, annually, or upon request, the competent authority specified in Clause 2, Article 5 of this Circular shall prepare detailed reports on the situation of verification of export product commitments derived from imported harvested fisheries products and submit them to the Quality Management Department for Agricultural, Forestry, and Fisheries Products.

3. The contents of the report include: List of consignees certified for batches of harvested fishery products, list of fishing vessels violating regulations on illegal, unreported, and unregulated fishing; total number of certificates, total volume of harvested fishery products certified (report format specified in Appendix 10 of this Circular).

4. Deadline for submission of reports: Not later than five days from the end of the month, not later than ten days from the end of the quarter, not later than fifteen days from the end of the year.

Article 17. Implementation Organization

1. The General Department of Fisheries, Bureaus, Directorates, Inspectors, Centers under the Ministry of Agriculture and Rural Development; Provincial Departments of Agriculture and Rural Development according to their functions, tasks, and authorities shall urge and inspect the implementation of this Circular.

2. Funding for the verification of harvested fishery raw materials, verification of export product commitments derived from imported harvested fisheries products, and fishery product harvesting certification shall be budgeted by the assigned units and included in their annual operational funding.

3. During the implementation process, if any issues arise or difficulties occur, relevant agencies and units shall promptly report and propose solutions to the Ministry of Agriculture and Rural Development (through the General Department of Fisheries or the Quality Management Department for Agricultural, Forestry, and Fisheries Products depending on the issue) for consolidation and submission to the Minister for consideration and appropriate amendments.

Article 18. Effective Date

1. This Circular takes effect from the date of issuance, replacing Circular No. 09/2011/TT-BNNPTNT dated March 2, 2011, issued by the Ministry of Agriculture and Rural Development./.