Decision No. 347-TS/QD Issuing the Charter on the Organization and Operation of the Export Aquatic Product Quality Control Center

Pursuant to …;

PURSUANT TO DECISION NO. 347-TS/QD DATED MAY 31, 1984 OF THE MINISTER OF FISHERIES ISSUING REGULATIONS ON THE ORGANIZATION AND OPERATIONS OF THE CENTER FOR INSPECTION AND ISSUE OF QUALITY CERTIFICATES FOR EXPORTED FISHERY PRODUCTS (REFERRED TO AS THE EXPORT FISHERY PRODUCTS INSPECTION CENTER)

MINISTER OF AQUATIC RESOURCES

Pursuant to Decree No. 35-CP dated February 9, 1981 of the Council of Ministers stipulating the tasks, powers, responsibilities of the Minister and the functions of the Ministry in certain areas of state management;

BASED ON DECISION NO. 169-CT DATED JUNE 23, 1983 OF THE CHAIRMAN OF THE STATE COUNCIL OF MINISTERS ASSIGNING THE TASK OF INSPECTING AND ISSUING QUALITY CERTIFICATES FOR FISHERY PRODUCTS PRIOR TO EXPORT;

AFTER CONSULTATION AND AGREEMENT WITH THE NATIONAL STANDARDS MEASUREMENT QUALITY CONTROL GENERAL DEPARTMENT UNDER THE STATE SCIENCE AND TECHNOLOGY COMMISSION;

AT THE PROPOSAL OF THE HEAD OF THE ORGANIZATION AND TRAINING DEPARTMENT AND THE HEAD OF THE TECHNICAL DEPARTMENT,

DECISION:

Article 1

NOW ISSUES HEREBY ATTACHED TO THIS DECISION THE REGULATIONS ON THE ORGANIZATION AND OPERATIONS OF THE CENTER FOR INSPECTION AND ISSUE OF QUALITY CERTIFICATES FOR EXPORTED FISHERY PRODUCTS (REFERRED TO AS THE EXPORT FISHERY PRODUCTS INSPECTION CENTER).

THESE REGULATIONS ARE THE LEGAL BASIS FOR THE CENTER TO PERFORM THE TASK OF INSPECTING AND ISSUING QUALITY CERTIFICATES FOR EXPORTED FISHERY PRODUCTS FOR LOADING OF FISHERY PRODUCTS THAT MEET THE EXPORT REQUIREMENTS.

Article 2

THESE REGULATIONS SHALL TAKE EFFECT FROM JULY 1, 1984.

Article 3

THE SECRETARY OF THE OFFICE, HEADS OF THE AGENCIES AND UNITS UNDER THE MINISTRY, DIRECTORS OF THE PROVINCE FISHERIES DEPARTMENTS AND DIRECTORS OF THE CENTER FOR INSPECTION AND ISSUE OF QUALITY CERTIFICATES FOR EXPORTED FISHERY PRODUCTS HAVE THE RESPONSIBILITY TO IMPLEMENT THIS DECISION.

CHARTER

ON THE ORGANIZATION AND OPERATIONS OF THE CENTER FOR INSPECTION AND
ISSUE OF QUALITY CERTIFICATES FOR EXPORTED FISHERY PRODUCTS

(ISSUED PURSUANT TO DECISION NO. 347-TS/QD DATED MAY 31, 1984 OF THE MINISTRY OF FISHERIES)

PART I
GENERAL PRINCIPLES

Article 1

THE CENTER FOR INSPECTION AND ISSUE OF QUALITY CERTIFICATES FOR EXPORTED FISHERY PRODUCTS, REFERRED TO AS THE EXPORT FISHERY PRODUCTS INSPECTION CENTER, IS AN ENTITY GRANTED THE AUTHORITY TO INSPECT AND ISSUE QUALITY CERTIFICATES FOR EXPORTED FISHERY PRODUCTS PRIOR TO EXPORT IN ACCORDANCE WITH DECISION NO. 169-CT DATED JUNE 23, 1983 OF THE CHAIRMAN OF THE STATE COUNCIL OF MINISTERS.

THE QUALITY CERTIFICATE FOR EXPORTED FISHERY PRODUCTS ISSUED BY THE CENTER IS A LEGAL DOCUMENT REGARDING THE QUALITY OF EXPORTED FISHERY PRODUCTS FOR THE CUSTOMS AUTHORITIES UNDER THE MINISTRY OF FOREIGN TRADE TO ISSUE EXPORT PROCEDURES.

Article 2

THE OBJECTIVES OF FISHERY PRODUCTS FOR EXPORT FOR WHICH THE CENTER ISSUES QUALITY CERTIFICATES ARE:

1- ALL FISHERY PRODUCTS FOR EXPORT UNDER THE CENTRALIZED MANAGEMENT LIST ISSUED ACCOMPANYING DECISION NO. 113-HĐBT DATED JULY 10, 1982 OF THE STATE COUNCIL OF MINISTERS.

2- FISHERY PRODUCTS FOR EXPORT OUTSIDE THE LIST MENTIONED IN POINT 1 ABOVE BUT DIRECTLY EXPORTED BY THE FISHERY EXPORT COMPANY.

PART II
FUNCTIONS AND DUTIES OF THE EXPORT FISHERY PRODUCTS INSPECTION CENTER
THE EXPORT FISHERY PRODUCTS INSPECTION CENTER IS AN ENTITY OF THE MINISTRY LOCATED WITHIN THE FISHERY EXPORT COMPANY, AIMING TO ORGANIZE INSPECTIONS, EVALUATIONS, AND ISSUE QUALITY CERTIFICATES FOR EXPORTED FISHERY PRODUCTS.

Article 3

THE EXPORT FISHERY PRODUCTS INSPECTION CENTER HAS THE FOLLOWING DUTIES:

Article 4

1- OVERSEE AND ANALYZE, EVALUATE, REPORT PERIODICALLY AND SPONTANEOUSLY ON THE QUALITY STATUS OF EXPORTED FISHERY PRODUCTS TO THE COMPANY DIRECTOR, THE MINISTRY, AND THE NATIONAL STANDARDS MEASUREMENT QUALITY CONTROL GENERAL DEPARTMENT.

2- STUDY AND RECOMMEND TO THE FISHERY EXPORT COMPANY MEASURES TO MANAGE AND IMPROVE QUALITY, AND ADVISE THE MINISTRY AND THE STATE ON SUPPLEMENTING, AMENDING POLICIES, MECHANISMS, AND DIRECTIONS TO ENSURE AND CONTINUOUSLY IMPROVE THE QUALITY OF EXPORTED FISHERY PRODUCTS TO MEET INTERNATIONAL MARKET REQUIREMENTS.

SUPERVISE, GUIDE, AND URGE RELATED ENTITIES TO IMPLEMENT SUCH DIRECTIONS, GOALS, SYSTEMS, AND POLICIES.

3- STUDY AND CONTRIBUTE TO BUILDING INDUSTRY AND NATIONAL LEVEL STANDARDS AND QUOTAS TO BE SUBMITTED TO THE MINISTRY, AND BUILD AND RECOMMEND THE COMPANY TO ISSUE BASE LEVEL STANDARDS AND TECHNICAL REGULATIONS FOR NEW PRODUCTS NECESSARY TO PRODUCE QUICKLY TO MEET CUSTOMER REQUIREMENTS WHILE THERE ARE NO INDUSTRY OR NATIONAL LEVEL STANDARDS.

4- UNIFY GUIDELINES ON CONTENT, BUSINESS PROCEDURES, METHODS OF INSPECTION, EVALUATION, AND APPLICATION PROCEDURES FOR QUALITY CERTIFICATES FOR EXPORTED FISHERY PRODUCTS FOR ENTERPRISES AND FACTORIES NATIONWIDE.

5- CONDUCT INSPECTIONS, EVALUATIONS, AND ISSUE QUALITY CERTIFICATES FOR LOADING OF FISHERY PRODUCTS THAT MEET EXPORT QUALITY STANDARDS.

6- GUIDE THE ESTABLISHMENT OF BRANCHES AND OPERATIONS FOR THE INSPECTION SYSTEM IN ENTERPRISES AND FACTORIES WITH EXPORTED FISHERY PRODUCTS ACROSS THE INDUSTRY ACCORDING TO THE INSPECTION REGULATIONS FOR PRODUCTS IN INDUSTRIAL ENTERPRISES AND RECYCLING STATIONS FOR EXPORTED FISHERY PRODUCTS.

7- PARTICIPATE IN OR DIRECTLY STUDY AND TEST NEW PRODUCTS, BE RESPONSIBLE FOR QUALITY EVALUATIONS OF SUCH NEW PRODUCTS, PROVIDE A BASIS FOR QUALITY REGISTRATION BY THE STATE PRODUCT QUALITY INSPECTION AUTHORITY, AND FOR THE COMPANY TO DECIDE OR TO SUBMIT TO THE MINISTRY FOR APPROVAL TO PRODUCE.

8- PLAN AND ORGANIZE TRAINING AND ENHANCEMENT OF CAPABILITIES FOR STAFF INVOLVED IN FISHERY EXPORT INSPECTION WORK ACROSS THE INDUSTRY ACCORDING TO THE COMPANY AND MINISTRY'S CLASSIFICATION.

9- DEVELOP AND IMPLEMENT PLANS FOR EQUIPMENT AND TECHNICAL INFRASTRUCTURE TO SUPPORT TESTING AND QUALITY EVALUATION AND CERTIFICATION WORK OF THE CENTER. WITHIN THE ABILITY ALLOWED, ASSIST INDUSTRY ENTERPRISES IN DEVELOPING AND IMPLEMENTING PLANS FOR NECESSARY TESTING EQUIPMENT.

10- PERFORM INFORMATION, DATA COLLECTION, AND PUBLICITY WORK ON THE QUALITY OF EXPORTED FISHERY PRODUCTS.

11- MANAGE LABOR, MATERIALS, AND ASSETS OF THE CENTER ACCORDING TO THE CLASSIFICATION OF THE FISHERY EXPORT COMPANY DIRECTOR AND THE MINISTRY.

RESPONSIBILITIES, LIMITATIONS, AND WORK RELATIONS OF THE EXPORT FISHERY PRODUCTS INSPECTION CENTER

CHAPTER III
THE DIRECTOR OF THE EXPORT FISHERY PRODUCTS INSPECTION CENTER IS RESPONSIBLE TO THE MINISTER AND THE FISHERY EXPORT COMPANY DIRECTOR FOR ALL ACTIVITIES AND RESULTS OF INSPECTION AND QUALITY CERTIFICATE ISSUANCE WORK.

Article 5

THE EXPORT FISHERY PRODUCTS INSPECTION CENTER MUST ADHERE TO LAWS AND POLICIES, SYSTEMS, AND REGULATIONS RELATED TO ITS OPERATIONS IN BOTH INTERNAL AND EXTERNAL RELATIONS.

Article 6

THE EXPORT FISHERY PRODUCTS INSPECTION CENTER HAS THE FOLLOWING AUTHORITIES:

, Clause 1, Clause 2 Article 7a of this Regulation.

1- REVIEW AND ISSUE QUALITY CERTIFICATES FOR LOADING OF FISHERY PRODUCTS AS PROVIDED IN ARTICLE 2 OF THESE REGULATIONS THAT MEET EXPORT STANDARDS.

DECIDE TO STOP PRODUCTION AND EXPORT OF LOADING THAT FAIL TO MEET EXPORT QUALITY REQUIREMENTS UNTIL THEY ARE PROCESSED IN ACCORDANCE WITH THE CENTER'S GUIDELINES.

Decision to halt production release and export of batches deemed not to meet export quality requirements until such batches are processed in accordance with the guidance of the center.

2- Dispatch officials to necessary locations (production sites, transportation facilities, ports, warehouses containing exported aquatic products...) to monitor and supervise product quality conditions.

3- Request production and business units to provide samples, documentation, and necessary technical equipment for inspection, evaluation, and certification of product quality.

4- Directly instruct responsible organizations of aquatic product export quality control at production or circulation facilities to carry out tasks as required by the center's mission.

5- Send reports or notifications directly to the Factory Director, heads of related agencies regarding the quality situation of exported aquatic products, along with necessary recommendations and requirements.

6- Recognize and authorize inspection, issuance of quality certificates for exported aquatic products to quality control organizations at facilities when deemed to have all necessary conditions.

7- Participate in opinions on the appointment, dismissal, rewards, and penalties for officials responsible for quality control organizations at facilities producing exported aquatic products within the industry.

8- Participate in the Technical Councils of the Ministry and Export Company for Aquatic Products regarding the review and recognition of completion of export plans for aquatic products.

9- Participate in Technical Councils in the fields of import and export of aquatic products.

10- Collect inspection fees and issue quality certificates according to regulations of the competent authority.

Article 8

The Export Aquatic Product Quality Control Center operates under the leadership of the Ministry, direct guidance and management by the Export Company for Aquatic Products' General Director, and state supervision over product quality management by the National Standard Measurement Quality Administration.

Article 9

The Center is permitted to work directly with all enterprises and related agencies concerning responsibilities for inspection, evaluation, and issuance of quality certificates.

Article 10

The Center implements regular reporting systems every three months, six months, annually, and ad hoc reports as required by content and time for the Minister, the National Standard Measurement Quality Administration, and the Export Company for Aquatic Products' General Director. Monthly reports to the Export Company for Aquatic Products' General Director.

PART IV
INSPECTION AND QUALITY CERTIFICATE ISSUANCE REGIME

Article 11

All batches of exported aquatic products mentioned in Article 2 of this Charter must undergo inspection, evaluation, and obtain a quality certificate for exported aquatic products issued by the Export Aquatic Product Quality Control Center or its branch, or another authorized agency as stipulated in Point 6, Article 7 of this Charter.

Article 12

Batches requesting quality certificates for export from the Center must be batches (or parts of products forming a batch) that have been inspected and certified by the facility's quality control organization to meet quality requirements as specified and recorded on the inspection report attached to the detailed list of the batch.

Article 13

The Export Aquatic Product Quality Control Center will conduct inspection, evaluation, and issuance of quality certificates for exported aquatic product batches according to one of the following methods:

1- Recognize the results of inspection and evaluation by the facility's quality control organization and issue a quality certificate (without re-sampling or analysis).

2- Take samples for inspection, analysis, evaluation, and issue a quality certificate for exported aquatic products if they meet the requirements for certain batches.

- Composed of different facilities combined together.

- Inspection and evaluation results of the facility's quality control organization are not sufficiently reliable.

- Batches from facilities without dedicated quality control organizations for inspection.

Article 14

When issuing quality certificates for exported aquatic products, entities with goods must:

1- Submit an application for issuance of a quality certificate for exported aquatic products.

2- Submit the inspection result record and quality evaluation of the entity's quality control organization or the entity's head if the entity does not have a dedicated quality control organization.

3- Submit a detailed declaration of the batch of aquatic products requesting a quality certificate for export.

The aforementioned forms, records, and declarations are guided by the Export Aquatic Product Quality Control Center's Director.

4- Provide product samples as prescribed by the Center.

5- Pay the fee as prescribed.

Article 15

Sampling, testing, evaluation, and handling of results by the Center must strictly follow the methods stipulated in national standards, Ministry of Fisheries standards, and facility standards issued by the company director, or temporary regulations of the Center (in cases where one of the above standards is not available), and according to the agreed method recorded in contracts signed with foreign customers.

Article 16

The Center's inspection, evaluation, and issuance of quality certificates must be conducted seriously and promptly within the following specific timeframe:

1- If the batch is not accepted, notify the entity requesting the certificate no later than ten days from receipt of the application.

2- If the batch is accepted, issue the quality certificate no later than fifteen days from receipt of the application.

Article 17

In case of disputes over quality, the resolution shall be handled as follows:

1- Between quality control and the director within the same facility and between facilities within the industry (not directly related to the Center) shall be reviewed and concluded by the Export Aquatic Product Quality Control Center's Director.

2- Between facilities within the industry and the Center shall be reviewed and concluded by the Export Company's Director.

3- Complaints against the Export Company for Aquatic Products shall be reviewed and concluded by the Ministry or the National Standard Measurement Quality Administration.

4- In each dispute case, implement the conclusion of the person with authority as stipulated above. If any party finds the conclusion unsatisfactory, they may appeal to the next higher level according to the provisions stated above.

5- The conclusion of the National Standard Measurement Quality Administration has the highest legal validity regarding product quality (according to the Product Quality Inspection Charter promulgated with Decree No. 62-CP dated April 12, 1976 of the Council of Ministers).

6- All costs arising from appeals and disputes over quality shall be resolved according to the Aquatic Product Delivery Charter promulgated with Decision No. 282-TS/QD dated November 10, 1981 of the Ministry of Fisheries.

Article 18

In cases where foreign customers have disputes or complaints about the quality of products leading to economic losses, the Center must promptly report to the Ministry and the General Department of Standardization, Measurement, and Quality with copies of relevant documents and identify who is responsible, the compensation provided, and the measures taken to address the situation.

CHAPTER V
ORGANIZATION OF THE CENTER FOR INSPECTION AND CERTIFICATION OF EXPORTED AQUATIC PRODUCTS

Article 19

The Inspection and Certification Center for Exported Aquatic Products has a Director who leads under the head system and several Deputy Directors assisting the Director. The Deputy Directors of the Center are appointed and dismissed by the Minister of Fisheries.

Article 20

To carry out the tasks of inspection and issuing certificates of quality for exported aquatic products in Zone I and Zone II, the Center has Branch I for Inspection and Certification of Exported Aquatic Products located in Hai Phong and Branch II for Inspection and Certification of Exported Aquatic Products located in Da Nang. These branches are subordinate units directly under the Center, situated alongside export branches of the Aquatic Product Export Company in their respective zones. Each branch has its own account and seal for operations.

Each branch has a Director who leads under the head system and one or two Deputy Directors assisting, appointed and dismissed by the Minister of Fisheries.

Within the scope of tasks, responsibilities, and authorities assigned by the Ministry, the Director of the Inspection and Certification Center for Exported Aquatic Products stipulates the tasks, responsibilities, and authorities for regional branches of Inspection and Certification of Exported Aquatic Products and reports them to the Ministry.

Article 21

Functional departments under the Center include:

1- Administrative and Organizational Department responsible for administrative, management, organizational, personnel, accounting, equipment, and material affairs.

2- Comprehensive Department responsible for comprehensive, planning, legal, vocational training, professional development, information, and propaganda affairs.

3- Technical Management Department responsible for directing and implementing tasks listed in Point 3, Article 4 of this Charter, managing measurement work in the exported aquatic product sector, organizing inspections of activities and quality at facilities under the Center's management, and organizing tests for new products serving the entire industry's exported aquatic product production and business.

4- Testing Department specifically responsible for inspecting, testing, evaluating, and issuing quality certification certificates for exported aquatic products and new products.

Each department has a Head responsible and an Assistant Head. Specific functions, tasks, relationships, and working procedures of the departments are defined by the Center Director.

Article 22

The Inspection and Certification Center for Exported Aquatic Products based in Ho Chi Minh City directly inspects, evaluates, and issues quality certificates for exported aquatic products from facilities starting from Phu Khanh inward.

Article 23

The Inspection and Certification Center for Exported Aquatic Products conducts economic accounting on the principle of ensuring honesty and accuracy in inspection and quality certification activities for exported aquatic products. The Center's plan indicators are established by the Center Director, reviewed and consolidated into the company's overall plan by the Director of the Aquatic Product Export Company, and submitted to the Ministry for decision.

Chapter VI
IMPLEMENTING PROVISIONS

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

This Charter takes effect from July 1, 1984, for all related facilities involved in exporting aquatic products throughout the fisheries sector.

Article 25

Any provisions in Decision No. 3-TS/QD dated September 1, 1983, issued by the Ministry of Fisheries that conflict with this Charter are hereby abolished.

Article 26

Amendments and supplements to this Charter are proposed by the Director of the Inspection and Certification Center for Exported Aquatic Products, reviewed by the Director of the Aquatic Product Export Company, and submitted to the Ministry for decision.