Circular No. 31/2015/TT-BNNPTNT stipulates the monitoring of residues of harmful substances in animals and aquaculture products, applicable to aquaculture facilities, inspection agencies, and supervisory bodies. It specifies the content, procedures, and processes for implementing the monitoring program, responsibilities of relevant agencies, and handling when exceeding maximum permitted levels.
Scope of application
Aquaculture facilities, purchasing, preliminary processing, and processing facilities for aquaculture products; Inspection agencies, supervisory bodies, and testing laboratories participate in the Residue Monitoring Program.
Key points
- Aquaculture facilities must use feed, veterinary drugs, and chemicals listed in the Permitted Circulation Directory. In case of exceeding the maximum permitted level, the facility must identify the cause and implement corrective measures.
- Supervisory agencies develop annual implementation plans for the Monitoring Program, organize sampling, testing, and result notification. Inspection agencies review and handle violations upon discovery.
- The cost of inspection and supervision activities is funded from the state budget according to the authority's budget allocation.
- Testing laboratories must meet requirements for reference testing methods corresponding to the monitoring indicators in the Residue Monitoring Program.
- Upon discovering violations, supervisory agencies and competent authorities have the responsibility to trace the origin, determine the cause, and implement appropriate corrective measures.
🌐 Social impact of this document
- Positive impact: Reducing the risk of harmful chemical residues in aquaculture products, protecting consumer health.
- Negative impact: Increased costs for aquaculture facilities due to compliance with residue control regulations.
- Limitation on the rights of aquaculture facilities when temporarily suspended operations or required to implement corrective measures.
❓ Frequently asked questions
What types of feed can aquaculture facilities use?
Aquaculture feed must be listed in the Permitted Circulation Directory. In case of violation, the facility must stop using it before harvesting.
What should aquaculture facilities do if they discover residues exceeding the maximum permitted level?
The facility must identify the cause and implement appropriate corrective measures. For aquaculture products with slow-excreting residues, harvesting may occur when meeting specific market requirements.
Who bears the cost of implementing the Residue Monitoring Program?
The cost of inspection and supervision activities is funded from the state budget according to the authority's budget allocation.
What requirements must testing laboratories meet?
Testing laboratories must meet requirements for reference testing methods corresponding to the monitoring indicators in the Residue Monitoring Program.
How will competent authorities handle discovered violations?
Competent authorities have the responsibility to trace the origin, determine the cause, and implement appropriate corrective measures. In case of repeated errors, inspection agencies may suspend the implementation of the Residue Monitoring Program.
Full text
CIRCULAR
Regulations on monitoring residues of harmful substances in animals and aquatic animal products
raised for consumption
_____________________________
Pursuant to the Law on Product Quality and Safety No. 05/2007/QH12 dated November 21, 2007;
Pursuant to the Law on Food Safety No. 55/2010/QH12 dated June 17, 2010;
Pursuant to the Government Decree No. 132/2008/NĐ-CP dated December 31, 2008 detailing implementation of certain provisions of the Law on Product Quality and Safety;
Pursuant to Decree No. 38/2012/NĐ-CP dated April 25, 2012 of the Government detailing implementation of certain provisions of the Food Safety Law;
Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;
At the proposal of the Director of the Quality Management Department for Agricultural, Forestry, and Aquatic Products,
The Minister of Agriculture and Rural Development issues this Circular regulating the monitoring of residues of harmful substances in animals and aquatic animal products raised for consumption.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular stipulates the contents, procedures, and processes for implementing the Residue Monitoring Program for harmful substances in animals and aquatic animal products raised for consumption (hereinafter referred to as the "Residue Monitoring Program"); responsibilities and authorities of relevant agencies, organizations, and individuals.
Article 2. Applicability
This Circular applies to: aquaculture breeding facilities, purchasing, preliminary processing, and processing facilities for aquaculture products (hereinafter referred to as facilities), inspection agencies, monitoring agencies, and testing facilities participating in the Residue Monitoring Program.
Article 3. Explanation of Terms
In this Circular, the following terms are understood as follows:
1. Residues of harmful substances (hereinafter referred to as residue): is the remaining portion of veterinary drugs, growth and reproductive stimulants, environmental treatment chemicals, harmful substances from feed, from the breeding environment, and their metabolites that remain in aquaculture products and may be harmful to consumer health.
2. Batch of aquaculture products: is a collection of many individuals of an aquaculture animal species harvested at the same time in a breeding area or aquaculture facility.
3. Exceeding maximum allowable residue levels: is the situation where residues of prohibited chemicals or restricted-use chemicals exceed the maximum allowable residue levels in samples of animals and aquatic animal products raised for consumption.
Article 4. Principles, contents, and bases for implementing the Residue Monitoring Program
1. Principles for implementing the Residue Monitoring Program:
The Residue Monitoring Program is implemented based on the following principles:
a) Aquaculture species subject to monitoring are those with high commercial production volumes, high economic value, and align with local and national aquaculture development plans.
b) Breeding areas subject to monitoring are regions with similar pollution risks, defined by administrative boundaries, and consistent with local and national aquaculture plans.
2. Contents of the Residue Monitoring Program:
a) Developing and announcing the implementation plan for the Residue Monitoring Program;
b) Organizing the implementation of the Residue Monitoring Program, including: monthly monitoring of aquaculture activities, adjusting the sampling plan if necessary; sampling, testing, and announcing monthly monitoring results; handling cases of exceeding maximum allowable residue levels; addressing food safety incidents;
c) Reviewing the implementation of the Residue Monitoring Program.
3. Bases for implementing the Residue Monitoring Program:
The bases for implementing the Residue Monitoring Program include national technical regulations on food safety for aquaculture products and regulations on the use of chemicals, antibiotics, veterinary drugs, and banned or restricted environmental treatment chemicals in aquaculture. For aquaculture species intended for export, in addition to complying with domestic requirements, they must also meet the residue monitoring requirements of importing countries or international agreements to which Vietnam is a party.
Article 5. Inspection Authority, Supervision Authority
1. The Inspection Authority is the Directorate of Quality Assurance for Forestry, Aquaculture and Fisheries (including its subordinate units), responsible for compiling, announcing plans, and organizing the implementation and inspection of the Residue Monitoring Program.
2. The Supervision Authority is the District Office of Quality Assurance for Forestry, Aquaculture and Fisheries (or specialized agencies designated by the Department of Agriculture and Rural Development of provinces and centrally-administered cities for provinces and cities that have not established a District Office of Quality Assurance for Forestry, Aquaculture and Fisheries), responsible for developing plans and implementing the Residue Monitoring Program at the local level.
Article 6. Requirements for Organizations and Individuals Participating in the Residue Monitoring Program
1. Sampling officers and inspection officers in the Residue Monitoring Program must be trained in sampling procedures and the implementation of food safety monitoring programs for aquatic products.
2. Sampling officers must be equipped with all necessary tools and equipment for sample collection and preservation according to the Handbook on Establishing and Implementing the Residue Monitoring Program issued by the Directorate of Quality Assurance for Forestry, Aquaculture and Fisheries.
3. Testing facilities participating in the Residue Monitoring Program (hereinafter referred to as Testing Facilities) must meet the following requirements:
a) Designated by competent authorities in accordance with Circular No. 16/2011/TT-BNNPTNT dated April 1, 2011 of the Ministry of Agriculture and Rural Development on the evaluation, designation, and management of agricultural laboratories and Circular Jointly Issued No. 20/2013/TTLT-BYT-BCT-BNNPTNT dated August 1, 2013 of the Ministry of Health, Ministry of Industry and Trade, and the Ministry of Agriculture and Rural Development on conditions and procedures for designating food testing facilities for state management purposes;
b) Meet the requirements for reference testing methods corresponding to the monitoring indicators (if any) in the Residue Monitoring Program.
Article 7. Budget for Implementing the Residue Monitoring Program
The budget for inspection and supervision activities of the Inspection Authority and the Supervision Authority shall be implemented according to the current state budget classification. The preparation of budgets shall comply with the State Budget Law and related guiding documents.
Chapter II
IMPLEMENTATION OF THE RESIDUE MONITORING PROGRAM
Article 8. Development and Announcement of Implementation Plan for the Residue Monitoring Program
1. Investigation, Collection of Information, Survey of Aquaculture Conditions:
Upon completion of the last farming season in the year, the Supervision Authority shall organize investigations, information collection, and surveys in the following steps:
a) Collect and compile information on actual aquaculture conditions within the jurisdictional area;
b) Conduct field survey teams at locations lacking necessary information.
2. Determination of Aquatic Species and Cultivation Areas to be Monitored:
a) Criteria for determining one aquatic species to be monitored in the Residue Monitoring Program include: commercial production volume, economic value, and development orientation of the species in subsequent years;
b) Criteria for determining one cultivation area in the Residue Monitoring Program is a region using shared water sources with similar pollution risks (heavy metals, pesticides, etc.), located within the same district administrative boundary, consistent with provincial and national aquaculture planning, and where the Supervision Authority has sufficient resources and feasibility to implement the Residue Monitoring Program locally;
c) Cultivation area codes are uniformly defined in Appendix I attached to this Circular;
d) Cultivation areas under surveillance must be mapped and described specifically according to the Handbook on Establishing and Implementing the Residue Monitoring Program issued by the Directorate of Quality Assurance for Forestry, Aquaculture and Fisheries and updated when there are adjustments or additions.
3. By December 10 each year, the Supervision Authority shall develop the implementation plan for the next year within its jurisdiction and report it to the Inspection Authority (including proposals to add new species and new cultivation areas to the Residue Monitoring Program if applicable) according to the model in Appendix I attached to this Circular. In case of necessity, the Inspection Authority may organize verification teams to review the information in the plan reported by the Supervision Authority.
4. By December 31 each year, the Inspection Authority shall compile and announce the implementation plan for the next year nationwide to the Supervision Authority and other relevant agencies for implementation according to Appendix III attached to this Circular.
Article 9. Implementation of the Residue Monitoring Program
1. Monitoring the aquaculture situation:
Before the 22nd day of each month, the Supervisory Agency sends to the Inspection Agency the Report on monitoring the aquaculture situation in the breeding areas under the Residue Monitoring Program and proposes the sampling plan for the following month (if applicable) according to the model at Appendix IV issued together with this Circular.
2. Adjusting the monthly sampling plan:
Before the 26th day of each month, based on the Report on monitoring the aquaculture situation provided by the Supervisory Agency, the Inspection Agency adjusts the sampling monitoring plan (if applicable) and notifies the Supervisory Agencies to implement it. In case of necessity, the Inspection Agency conducts verification and requests the Supervisory Agency to explain the contents that do not comply before adjusting the monthly sampling monitoring plan.
3. Sampling procedures, sample preservation, transfer, and testing criteria designation:
a) Based on the monthly sampling plan, the Supervisory Agency issues the Sampling Decision, specifying the monitored breeding area, target, name of the sampled facility, number of samples, testing criteria, sampling time, and assigned personnel;
b) The assigned personnel carry out the Sampling Decision strictly, complete the Sampling Form corresponding to each farmed aquatic species according to the models at Appendix V issued together with this Circular, and proceed with sample coding. The Sampling Form is made in two copies, one copy retained at the sampled facility, and one copy retained at the Supervisory Agency;
c) Farmed aquatic samples must be sealed, marked with identification signs, and preserved appropriately;
d) Within three working days from the date of sampling, the Supervisory Agency must send the samples to the designated Testing Facilities;
đ) Technical requirements for sampling, sample preservation, transfer, and testing criteria designation are uniformly implemented according to the Handbook for Establishing and Implementing the Residue Monitoring Program issued by the Directorate of Quality Assurance for Forestry and Aquatic Products;
4. Testing and reporting monitoring results:
a) Within five working days from the date of receiving the samples, the Testing Facility must test the samples and provide the results to the Inspection Agency;
b) Within five working days from the date when all testing results are available, the Inspection Agency must send the Monthly Monitoring Result Notification to the Supervisory Agencies and relevant organizations and individuals;
c) For cases where residues exceed the maximum permissible limit, follow the provisions set forth in Chapter III of this Circular.
Chapter III
HANDLING WHEN RESIDUES EXCEED THE MAXIMUM PERMISSIBLE LIMIT
PERMIT UP TO
Article 10. Reporting Testing Results
Within one working day from the date of receiving the official testing result indicating that residues exceed the maximum permissible limit (including confirmatory testing results for samples previously found positive through screening methods), the Testing Facility must report the testing results to the Inspection Agency.
Article 11. Warning for Exceeding Maximum Permissible Limit
Within one working day from the date of receiving the testing result indicating that residues exceed the maximum permissible limit, the Inspection Agency must issue a notification according to the model at Appendix VI issued together with this Circular to the Supervisory Agency.
Article 12. Request for investigation to determine causes and rectify incidents
Within one working day from the date of receiving the notification from the Inspection Agency, the Supervision Agency shall implement:
1. For samples of aquaculture products that are still being raised and have not reached market size: The Supervision Agency shall issue a warning letter, requesting the Facility to identify the cause and take appropriate measures to rectify the situation; collect samples of the aquaculture products for enhanced monitoring. The timing of collecting additional samples depends on the rate of elimination of the detected substance and the quantity of samples must be sufficient for testing the detected substance.
2. For samples of aquaculture products that are still being raised and have reached market size:
a) The Supervision Agency shall issue a temporary halt on harvesting letter, requesting the Facility to identify the cause and take appropriate measures to rectify the situation; require and monitor the Facility to continue raising the products; collect samples of the aquaculture products for enhanced monitoring and the quantity of samples must be sufficient for testing the detected substance. When the test results of the enhanced monitoring samples meet the requirements, the Supervision Agency shall issue a permit for the Facility to harvest.
b) For aquaculture products with residues of slowly eliminated substances: The Supervision Agency shall allow harvesting for food consumption if they meet specific market requirements or change their intended use.
c) In cases where the Facility has harvested before receiving a warning: The Supervision Agency shall issue a warning letter, requesting the Facility to identify the cause and take appropriate measures to rectify the situation; simultaneously trace back and recall the batch of non-compliant aquaculture products; collect samples for testing to verify and only allow them to enter the market for consumption if the test results meet the requirements.
3. For samples taken at purchasing, preliminary processing, and processing facilities of aquaculture products: The Supervision Agency and the Inspection Agency shall issue a warning letter, requesting the Facility to trace the origin, identify the cause, and take appropriate measures to rectify the situation according to their authority; require the Facility to recall the batch of aquaculture products already released to the market (if necessary) or request the Facility to isolate the batch of aquaculture products currently stored at the facility, collect samples for testing to verify:
a) If the results meet the requirements, allow entry into the market for consumption.
b) If the results still do not meet the requirements, only allow use for food consumption if they meet specific market requirements or must change their intended use.
Article 13. Verification of the Facility's Rectification Report
After receiving the Facility's rectification report, the Supervision Agency shall implement:
1. Lead and coordinate with relevant units of the Department of Agriculture and Rural Development to organize verification of the tracing of origin, identification of causes, and the results of implementing corrective measures by the Facility; in case of necessity, organize tracing from the aquaculture facility to production and consumption facilities of the detected non-compliant products (if any) to recall and handle unsafe products.
2. Conduct targeted sampling of aquaculture products for enhanced monitoring for facilities with samples exceeding the maximum allowable limit.
3. If the results of enhanced monitoring sampling show that the Facility continues to produce non-compliant samples, the Supervision Agency shall prepare a file to notify the agency responsible for specialized inspection functions regarding aquatic product quality management to consider, organize inspections (if necessary), and handle according to regulations.
4. In case of detecting feed, treatment chemicals, environmental improvement chemicals for aquaculture, or veterinary drugs containing prohibited chemicals or violating registration circulation regulations, the Supervision Agency shall prepare a file and notify the relevant management agencies of the non-compliant products in the locality; simultaneously report to the Inspection Agency to inform the General Fisheries Administration and the Veterinary Bureau to take handling measures according to regulations.
Chapter IV
VERIFICATION OF IMPLEMENTATION
CHAPTER MONITORING PROGRAM ON RESIDUE LEVELS
Article 14. Organization for Reviewing the Implementation of the Monitoring Program on Residue Levels
1. Content of the review:
a) For the Supervisory Agency: survey activities, information collection on breeding conditions, annual monitoring plan establishment; sampling activities; aquaculture situation monitoring activities; warning and handling activities when residue levels exceed the maximum allowable limit by the Supervisory Agency;
b) For Testing Facilities: sample receipt, testing, and reporting results within the Monitoring Program on Residue Levels.
2. Frequency of the review:
a) For the Supervisory Agency: once every 01 (one) year (or at any time deemed necessary);
b) For Testing Facilities: combined with the inspection and supervision activities of testing facilities as stipulated in Circular No. 16/2011/TT-BNNPTNT dated April 1, 2011, and Joint Circular No. 20/2013/TTLT-BYT-BCT-BNNPTNT dated August 1, 2013 (or at any time deemed necessary).
Article 15. Handling Results of the Review on the Implementation of the Monitoring Program on Residue Levels
1. For the Supervisory Agency: The Inspection Agency shall issue a written request to the Department of Agriculture and Rural Development of the province/city to implement appropriate corrective measures in cases where the Supervisory Agency is found to have committed one or more of the following errors:
a) Sampling location is inappropriate, inconsistent with the Sampling Record;
b) Failure to collect samples for two consecutive months without a legitimate reason report;
c) Failure to monitor and provide monthly information on aquaculture situations consistent with reality;
d) Failure to fully comply with procedures and measures for handling when residue levels exceed the maximum allowable limit as specified in Articles 12 and 13 of this Circular;
đ) Failure to comply with technical requirements and guidelines issued by the Inspection Agency within the scope of implementing the Monitoring Program on Residue Levels;
e) Failure to report the implementation results of the Monitoring Program on Residue Levels and to develop an annual monitoring plan as required by this Circular without a legitimate reason report.
2. In case the Supervisory Agency continues to commit one or more of the above errors in subsequent reviews, the Inspection Agency shall issue a written notice to the Department of Agriculture and Rural Development of the province/city to temporarily halt the Supervisory Agency's implementation of the Monitoring Program on Residue Levels and require appropriate corrective measures.
During the period the Supervisory Agency is suspended from implementing the Monitoring Program on Residue Levels to rectify and correct errors, the Inspection Agency shall directly organize the implementation of program activities on the territory until there is sufficient evidence that the Supervisory Agency has corrected the errors.
3. For Testing Facilities: The Inspection Agency shall notify the Testing Facility to correct errors and consider applying temporary suspension from participating in the Monitoring Program on Residue Levels if necessary.
4. Within 15 (fifteen) working days from the date of receiving the error correction report from the Department of Agriculture and Rural Development or the Testing Facility, the Inspection Agency shall conduct a review of the report (including on-site review if necessary). After the review, within 05 (five) working days, the Inspection Agency shall issue a written notice allowing the resumption of the Monitoring Program on Residue Levels or continuing the suspension of the Monitoring Program on Residue Levels (specifying the reasons for non-compliance), but not later than 20 (twenty) working days from the date of receipt of the report.
Chapter V
RESPONSIBILITIES AND LIMITATIONS OF ORGANIZATIONS AND INDIVIDUALS RELATED TO THE MONITORING PROGRAM ON RESIDUE LEVELS
AND THEIR RELATIONSHIP TO THE MONITORING PROGRAM ON RESIDUE LEVELS
Article 16. The Bureau for Quality Management of Forestry, Aquaculture and Fisheries
1. To compile the annual implementation plan of the Residue Monitoring Program nationwide, submit it to the Ministry of Agriculture and Rural Development for approval, and organize its implementation according to the approved plan as stipulated in this Circular.
2. To update and publish annually the scope and target aquatic species under surveillance in the Residue Monitoring Program on the Bureau's electronic news site and notify the supervisory agencies.
3. To develop and issue a Handbook guiding the establishment and implementation of the Residue Monitoring Program.
4. To update and publish the List of testing criteria, methods, and maximum permissible levels in the Residue Monitoring Program within its authority based on the compilation of Vietnamese regulations, standards, import country regulations, and international organizations' provisions.
5. To organize training, instruction, and professional guidance for the implementation of the Residue Monitoring Program for participating agencies and organizations.
6. To compile and announce a list of designated laboratories with sufficient capacity to participate in the Residue Monitoring Program.
7. To report periodically or at any time upon request from the Ministry of Agriculture and Rural Development on the implementation results; to take the lead in proposing necessary corrective measures or amendments to the Residue Monitoring Program.
8. To manage, use, and allocate approved funds for relevant agencies to implement the Residue Monitoring Program in accordance with current financial regulations of the Ministry of Finance.
9. To publicly announce on the Bureau's electronic news site and mass media the list of establishments where samples have been found to exceed the maximum permissible residue levels as prescribed by law.
10. To take the lead in organizing the review of the Residue Monitoring Program implementation by related agencies and organizations; to handle or recommend competent authorities to handle cases of violations as prescribed by law.
11. To coordinate with inspection teams from the importing country's competent authority; to report and provide information as requested by the importing country's competent authority; to negotiate and sign cooperation documents with the importing country's competent authority related to the Residue Monitoring Program.
Article 17. The General Department of Fisheries
To direct and organize the implementation of measures to address cases of aquafeed, treatment chemicals, and environmental improvement chemicals for aquaculture found to contain prohibited substances or not listed in the permitted circulation catalog in Vietnam, and other violations reported by inspection agencies and supervisory agencies.
Article 18. The Animal Health Service Bureau
To direct and organize the implementation of measures to address cases of veterinary drugs for aquatic animals, veterinary chemicals found to contain prohibited substances or not listed in the permitted circulation catalog in Vietnam, and other violations reported by inspection agencies and supervisory agencies.
Article 19. Departments of Agriculture and Rural Development
1. To designate and direct supervisory agencies to organize the implementation of the Residue Monitoring Program within their jurisdiction.
2. To direct the dissemination and guidance to establishments within their jurisdiction to comply with the Residue Monitoring Program regulations.
3. To direct subordinate agencies to cooperate with local supervisory agencies to audit the traceability and corrective actions of establishments where samples have been found to exceed the maximum permissible residue levels; if necessary, to conduct tracebacks from suppliers to production and consumption establishments to recover and process unsafe products.
4. To direct specialized inspection agencies responsible for managing the quality of aquatic products to examine and handle cases where intensified monitoring samples continue to find excess residues beyond the maximum permissible levels in farmed aquatic products.
5. To direct agencies managing agricultural inputs and forestry, agriculture, and fisheries product quality to examine and handle cases where feed for farmed aquatic animals, treatment chemicals, environmental improvement chemicals, and veterinary drugs for aquatic animals are found to contain prohibited chemicals or violate registration circulation regulations.
6. To inspect and supervise the implementation of the Residue Monitoring Program locally.
7. To report regularly or at any time when required by the Ministry of Agriculture and Rural Development on residue monitoring activities within their jurisdiction.
Article 20. Supervisory Authority
1. Take the lead in drafting the annual sampling supervision plan, report to the Directorate of Quality Management for Forestry, Agriculture and Fisheries Products, and organize implementation according to the approved plan at the provincial level as stipulated in this Circular.
2. Disseminate and guide aquatic product production and business establishments to implement the provisions of this Circular and relevant regulations, standards, and norms on chemical residues and antibiotics in farmed aquatic products.
3. Update and announce the scope and subjects of farmed aquatic products under surveillance in the annual Residue Surveillance Program to aquatic product production and business establishments.
4. Systematically store all files and data related to the Residue Surveillance Program; provide complete and accurate files and explanations regarding the implementation of the Residue Surveillance Program when requested by the Department of Agriculture and Rural Development or the Directorate of Quality Management for Forestry, Agriculture and Fisheries Products.
5. Require aquaculture establishments, purchasing, preliminary processing, and processing establishments to comply with sampling procedures; provide related information; implement corrective measures within the Residue Surveillance Program.
6. Participate in training, instruction, and professional guidance on food safety monitoring organized by the Bureau for Quality Management of Forestry, Aquatic Products and Agricultural Products.
7. Manage and utilize funds allocated annually in the Residue Surveillance Program according to the regulations of the Ministry of Finance and the Ministry of Agriculture and Rural Development.
8. Provide information about samples exceeding maximum permitted residue levels in accordance with the regulations of the Ministry of Agriculture and Rural Development, provincial People's Committees, and assigned authorities.
9. Publicly announce the list of establishments where samples have been found to exceed maximum permitted residue levels within the province/city as required by law.
Article 21. Testing Facilities
1. Responsibilities:
a) Adhere strictly to testing procedures, ensure testing equipment capability, and maintain confidentiality of information and test results as prescribed by law;
b) Ensure accurate, impartial, and truthful test results; use reference testing methods corresponding to monitored indicators (if applicable) in the Residue Surveillance Program;
c) Only notify test results to the Inspection Authority and must meet specified deadlines;
d) Be responsible for test results;
đ) Participate in proficiency testing programs as required by the Ministry of Agriculture and Rural Development;
e) Store testing-related records and documents in compliance with regulations and produce them upon request by authorized authorities.
2. Authorities:
a) Refuse samples that do not meet technical requirements as stipulated. Refuse to test samples and indicators outside the certified scope;
b) Receive information and training opportunities to enhance testing capabilities;
c) Charge testing fees and charges according to current regulations.
Article 22. Aquaculture Establishments
1. Only use types of aqua feed, veterinary drugs for aquatic animals, treatment chemicals, and environmental improvement agents listed in the Permitted Circulation Catalogue. In cases where such aqua feed, veterinary drugs for aquatic animals, treatment chemicals, and environmental improvement agents are used, the establishment must cease their use before harvest as directed by the manufacturer.
2. Monitor and fully record, and provide to the Supervisory Authority, information on the species of aquatic animals, cultivation form and area, production volume, harvest time, seedlings, feed, veterinary drugs, biological preparations, treatment chemicals, and environmental improvement agents used (if any), and other information related to the aquaculture process when requested.
3. Identify causes, implement appropriate corrective measures; comply with sampling and supervisory, corrective measures by the Supervisory Authority when test results exceed maximum permitted levels.
4. Establish and fully retain traceability records for harvested farmed aquatic product lots according to the regulations of the Ministry of Agriculture and Rural Development and provide information to buyers and competent authorities when requested.
5. Participate in training sessions and dissemination of food safety knowledge in aquaculture organized by competent authorities.
6. Obtain test results of samples taken from their own facilities when requested.
7. Retain sampling forms, test results, cause identification records, corrective measures, and other related records at the facility for at least two years and provide them to competent authorities when requested.
Article 23. Aquaculture product purchasing, preliminary processing, and processing facilities
1. Regularly update monitoring residue results from the electronic bulletin board of the Directorate of Quality Assurance for Agricultural Products, Forestry Products and Fisheries, and related notifications from the Inspection Agency, Supervision Agency, and relevant agencies.
2. Do not purchase aquaculture products harvested from farming areas or breeding facilities that have been temporarily suspended from harvesting or whose origin is unclear; establish and retain complete traceability records for each batch of aquaculture products according to the regulations of the Ministry of Agriculture and Rural Development.
3. Determine the cause, implement appropriate corrective measures; comply with sampling procedures and supervisory and corrective measures by the Inspection Agency or Supervision Agency when test results exceed permissible maximum limits.
4. Proactively provide the Inspection Agency or Supervision Agency with self-monitoring results on chemical residues in aquaculture products at the facility and information related to aquaculture conditions at the facility or purchasing area (if applicable), upon request.
5. Be eligible to participate in training courses, seminars, and dissemination activities on food safety knowledge in aquaculture production and trade organized by competent authorities.
6. Obtain test results of samples taken from their own facilities when requested.
7. Retain sampling forms, testing results, and files documenting the determination of causes and corrective measures, as well as other relevant files concerning the control of chemical residues in aquaculture products at the facility for a minimum period of two years.
Chapter VI
IMPLEMENTING PROVISIONS
Article 24. Effective Date
1. This Circular takes effect from November 19, 2015.
2. This Circular replaces Decision No. 130/2008/QĐ-BNN dated December 31, 2008 issued by the Minister of Agriculture and Rural Development regarding the Regulation on the Control of Residues of Harmful Chemicals in Aquatic Animals and Aquatic Animal Products.
Article 25. Amendment and Supplement to this Circular
The Directorate of Quality Assurance for Agricultural Products, Forestry Products and Fisheries shall be responsible for compiling difficulties and obstacles arising during the implementation of this Circular and reporting to the Ministry of Agriculture and Rural Development for consideration and appropriate amendment and supplementation./.
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