Decree No. 36/2014/NĐ-CP on Cultivation, Processing, and Export of Catfish Products

DECREE

On farming, processing, and exporting tra fish

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Fisheries Law dated November 26, 2003;

Based on the Law on Product Quality and Safety dated June 17, 2010;

Based on the Food Safety Law dated November 21, 2007;

Pursuant to the Law on Trade dated June 14, 2005;

Upon the proposal of the Minister of Agriculture and Rural Development, the Government promulgates this Decree on farming, processing, and exporting tra fish.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates matters concerning farming, processing, and exporting tra fish.

Article 2. Applicability

This Decree applies to organizations and individuals in Vietnam and foreign organizations and individuals related to activities of farming, processing, and exporting tra fish within the territory of Vietnam.

Chapter II

FARMING AND PROCESSING OF TRA FISH

Article 3. Planning for farming and processing of tra fish

1. Principles for planning:

a) The planning for farming and processing of tra fish must leverage the advantages and potential of localities, aligning with the market demand for tra fish both domestically and internationally;

b) Detailed planning for farming and processing of tra fish in each locality must be consistent with the overall planning for farming and processing of tra fish;

c) The planning for farming and processing of tra fish must be compatible with the economic and social development plans of each locality.

2. Content of planning:

a) Analysis of natural conditions and socio-economic factors affecting farming, processing, and consumption of tra fish;

b) Evaluation of the current status of farming, processing, and consumption of tra fish;

c) Analysis, evaluation, and forecasting of demand, prices, and competitive capacity of Vietnamese tra fish in domestic and international markets;

d) Determination of the area and yield of commercial tra fish farming zones; production capacity of tra fish processing facilities;

đ) Determination of technical solutions, mechanisms, and policies to implement the planning;

e) Determination of environmental protection measures to implement the planning for farming and processing of tra fish.

3. Authority for planning formulation and approval:

a) The Ministry of Agriculture and Rural Development shall take the lead and coordinate with relevant ministries, sectors, and localities in formulating and approving the overall planning for farming and processing of tra fish;

b) Based on the overall planning for farming and processing of tra fish approved by the Ministry of Agriculture and Rural Development, the People's Committees of provinces and centrally-administered cities shall organize reviews, formulate, and approve detailed planning for farming and processing of tra fish at the local level.

4. The State shall have policies to encourage linkages in farming, processing, and exporting of tra fish; investment in infrastructure in farming areas and infrastructure serving tra fish processing in accordance with approved planning for farming and processing of tra fish.

Article 4. Conditions for tra fish farming facilities

1. The location and area for commercial tra fish farming must comply with the approved planning for farming and processing of tra fish by the provincial People's Committee.

2. The area and yield of commercial tra fish farming must be registered and confirmed by the local aquatic farming management agency.

3. Commercial tra fish farming facilities must meet technical regulations and standards for aquatic farming; certified and issued identification codes for commercial tra fish farming facilities by the local aquatic farming management agency.

4. Use of breeding stock, feed, veterinary drugs, biological preparations, microorganisms, and chemicals must comply with legal provisions.

5. By December 31, 2015, commercial tra fish farming facilities must adopt and be certified for good aquaculture practices according to VietGAP or equivalent international certificates in compliance with Vietnamese legal provisions.

Article 5. Conditions for Catfish Processing Facilities

1. Possess a business registration certificate for food processing issued by competent state management agencies in accordance with the provisions of the law.

2. Catfish processing facilities must be located within the catfish farming and processing plan approved or consented to by the Provincial People's Committee.

3. Implement measures to serve traceability of catfish products.

4. Apply quality management systems, comply with regulations and technical standards on ensuring food safety in production and trade of aquatic products, and obtain certification from competent authorities that the processing facility meets the conditions for ensuring food safety.

5. Ensure the declared quality of catfish products upon leaving the factory; self-inspect and take responsibility for the quality of declared catfish products; implement product labeling in accordance with the provisions of the law.

6. For newly constructed catfish processing facilities, they must be inspected and recognized as meeting food safety conditions by the Ministry of Agriculture and Rural Development before commencing operations.

Article 6. Quality and Food Safety Conditions for Processed Catfish Products

1. Raw materials for catfish processing must come from commercial catfish farms that meet the conditions stipulated in Article 4 of this Decree.

2. Processed catfish products must meet Vietnam’s and importing countries' regulations on quality and food safety for aquatic products.

3. Regarding the processing of frozen catfish fillets:

a) Use chemicals, additives, and processing aids in compliance with Vietnamese laws and the regulations of importing countries;

b) The ice glazing ratio (ice glazing weight over total weight) for exported catfish products must comply with the regulations of importing countries. In other cases, the ice glazing ratio shall not exceed 10%;

c) The maximum water content shall not exceed 83% of the net weight (catfish fillet weight after removing the ice glazing layer) of the product.

4. In addition to complying with current Vietnamese and importing countries' regulations on food labeling, the label of frozen catfish fillets must include the following information: Net weight of the product; ice glazing ratio; names of all types of chemicals, additives, and processing aids used during processing.

Chapter III

EXPORT OF CATFISH PRODUCTS

Article 7. Export Conditions for Pangasius Products

Organizations and individuals (hereinafter referred to as traders) exporting catfish products must meet the following conditions:

1. Have a catfish processing facility that meets the conditions stipulated in Article 5 of this Decree. In cases where traders do not have a catfish processing facility, they must have a processing contract or purchase contract for catfish products at a catfish processing facility that meets the conditions stipulated in Article 5 of this Decree.

2. Register export contracts for catfish products with the Vietnam Pangasius Association in accordance with the provisions of Article 8 of this Decree. Customs authorities will only accept clearance for export contract shipments confirmed by the Vietnam Pangasius Association.

Article 8. Registration of Export Contracts for Catfish Products

1. Organization entrusted to carry out: Vietnam Pangasius Association.

2. Objectives: Exporters of catfish products.

3. Documents: One (1) set

a) Export contract registration form for catfish products;

b) Legal copy of the catfish farming business registration certificate confirmed by local aquaculture management agencies (applicable when traders use catfish from their own commercial catfish farms);

c) Legal copy of the raw material purchase contract with organizations or individuals who have commercial catfish farms that meet the conditions stipulated in Article 4 of this Decree (applicable when traders purchase catfish from commercial catfish farms not owned or managed by them);

d) Legal copy of the certificate confirming the processing facility meets food safety conditions (including cases where traders purchase catfish or process catfish at another processing facility);

đ) Legal copy of the purchase contract for commercial catfish or processing contract for catfish products with a catfish processing facility that meets the conditions stipulated in Article 5 of this Decree (applicable to traders without their own catfish processing facility).

4. Method and time limit for implementation:

a) Within no more than one working day, if the export contract registration documents are incomplete according to Clause 3 of this Article, the Vietnam Pangasius Association will issue a written response requesting the trader to supplement the documents;

b) Within no more than three working days from the date of receiving complete export contract registration documents, if the documents comply with the requirements of Clause 3 of this Article and the price of raw catfish material is higher than or equal to the floor price of raw catfish material announced by the Vietnam Pangasius Association at the time of receiving the documents (applicable to traders purchasing catfish from commercial catfish farms not owned or managed by them), then the Vietnam Pangasius Association will review and confirm the export contract for catfish products.

If the documents do not meet the above requirements, the Vietnam Pangasius Association will not confirm the registration of the export contract for catfish products and will issue a written response stating the reasons.

5. Fee for reviewing trade conditions for catfish: Implemented in accordance with the regulations and guidance of the Ministry of Finance.

Article 9. Handling Violations in Exporting Basa Fish Products

1. Merchants exporting Basa fish products who violate the provisions of this Decree, in addition to being subject to administrative violation handling under the law, shall also be handled according to the provisions of Clauses 2, 3, and 4 of this Article.

2. Suspend the export of batches of Basa fish products that do not meet the quality and safety requirements for aquatic products as stipulated by Vietnam and the importing country.

3. Temporarily halt the export of Basa fish products for merchants whose exports have been temporarily suspended by the competent authority of the importing market due to violations related to quality and food safety.

4. In cases where the importing country does not require Vietnam to inspect and certify the quality of exported Basa fish products but has regulations suspending imports if many batches are found to be in violation, the Ministry of Agriculture and Rural Development shall organize inspections for product quality and food safety, handle violations according to the Food Safety Law and the Product Quality Law for merchants and processing facilities with batches that have been warned of violations.

Chapter IV

IMPLEMENTATION

Article 10. Responsibilities of Ministries and Sectors

1. The Ministry of Agriculture and Rural Development:

a) Establish and approve the overall planning for farming and processing of Basa fish; guide, inspect, and supervise the establishment and implementation of Basa fish farming and processing plans in provinces and centrally governed cities.

b) Guide and inspect local aquaculture management agencies to confirm registration areas and production volumes of commercial Basa fish farming and issue identification codes for Basa fish farming facilities.

c) Guide, inspect, and supervise the application and recognition of good aquaculture practices.

d) Develop and promulgate, or submit to the competent authority for promulgation, national technical regulations on farming, processing, and exporting Basa fish products.

đ) Guide, direct, and organize the implementation of inspections of Basa fish farming and processing facilities; inspect and supervise the quality of farmed and processed Basa fish for export within their jurisdiction.

e) Coordinate to guide, inspect, and supervise the Vietnam Pangasius Association in implementing regulations on trade certification, confirmation, and fee collection for Basa fish trade.

g) Guide, audit, inspect, and handle violations of laws in the activities of farming, processing, and exporting Basa fish within their jurisdiction.

h) Provide and publish regulations on import safety conditions for Basa fish products from Vietnam as required by the importing market.

i) Suspend the export of batches of Basa fish products that do not meet the quality and safety requirements for aquatic products as stipulated by Vietnam and the importing country, and temporarily halt the export of Basa fish products for merchants whose exports have been temporarily suspended by the competent authority of the importing market due to violations related to quality and food safety, as provided for in Clauses 2, 3, and 4 of Article 9 of this Decree. Specify the organization of inspections and handling of violations as stipulated in Article 9 of this Decree.

k) Implement traceability for exported Vietnamese Basa fish products in accordance with the law.

2. The Ministry of Industry and Trade:

a) Take the lead and coordinate with the Ministry of Agriculture and Rural Development, the Ministry of Foreign Affairs, and relevant ministries and sectors to advise and resolve trade disputes and technical barriers related to the export of Basa fish products.

b) Audit, inspect, and handle violations in the export activities of Basa fish products within their jurisdiction.

c) Direct Vietnamese trade representative offices abroad to support promotional activities for Basa fish products.

d) Inspect and supervise the implementation of this Decree in accordance with the law on anti-dumping.

3. Ministry of Finance:

a) Guide methods for calculating the cost of raw Basa fish.

b) Regulations on fees for trade condition certification for Basa fish; guide the implementation of regulations on the collection, payment, management, and use of fees for trade condition certification for Basa fish.

c) Direct the General Customs Department in the implementation, inspection, and supervision of customs procedures for the export of Basa fish products in accordance with this Decree; compile and report monthly to the Ministry of Finance, the Ministry of Industry and Trade, and the Ministry of Agriculture and Rural Development on the volume, export price, and export markets for Basa fish products.

Article 11. Provincial People's Committees and Municipal People's Committees under the Central Government

1. Establish, approve and manage the implementation of detailed planning for farming and processing of Tra fish at the local level in accordance with the overall planning for farming and processing of Tra fish that has been approved by the Ministry of Agriculture and Rural Development.

2. Direct local aquatic farming management agencies to organize the implementation of registration confirmation for Tra fish farming area and production volume, and issue identification codes for Tra fish farming facilities.

3. Direct and organize the implementation of activities related to farming, processing, and exporting Tra fish at the local level in accordance with the provisions of the law.

4. Organize inspections and handle violations according to the law regarding activities related to farming, processing, and exporting Tra fish at the local level within their authority.

Article 12. Vietnam Pangasius Association

1. Take the lead in implementing the following activities:

a) Organize the implementation of registration, assessment, confirmation, and collection of fees for commercial trade of Tra fish in accordance with regulations;

b) Based on the guidance of the Ministry of Finance on the method of calculating the cost of raw Tra fish, publish the floor price of raw Tra fish at least twice a year and adjust it promptly in response to market changes;

c) Manage and use the fees for commercial trade assessment of Tra fish in accordance with the law;

d) Provide the Customs Authority with a list of traders confirmed for registering the export of Tra fish products;

đ) Statistically report the situation of farming, processing, and exporting Tra fish and regularly report monthly, quarterly, and annually to the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade, and the Ministry of Finance;

2. Coordinate with relevant industry associations to implement the following activities:

a) Guide and encourage members to comply with laws on farming, processing, and exporting Tra fish products;

b) Organize promotional activities for Tra fish products; analyze, forecast, and provide information about the export market for Tra fish products;

c) Participate in protecting export activities, resolving trade disputes, and technical barriers related to farming, processing, and exporting Tra fish;

d) Support and provide information on farming, processing, and markets to organizations and individuals involved in farming and processing Tra fish.

Article 13. Organizations and individuals farming, processing, and exporting Tra fish

1. Organizations and individuals farming, processing, and exporting Tra fish are responsible for complying with legal regulations on farming, processing, and exporting Tra fish as stipulated in this Decree and other related regulatory documents.

2. Exporters of Tra fish products are responsible for:

a) Complying with regulations on management, inspection, certification of quality, and food safety for exported aquatic products according to the importing country's requirements and Vietnamese law;

b) Registering export contracts for Tra fish products in accordance with the provisions of Article 8 of this Decree and being responsible for the authenticity of the registered contract content;

c) Paying the fee for commercial trade assessment of Tra fish in accordance with regulations.

Chapter V

IMPLEMENTING PROVISIONS

Article 14. Transitional Provisions

1. Tra fish farming facilities operating before the effective date of this Decree that do not conform to the Tra fish farming planning but meet the conditions specified in Clause 2 and Clause 3, Article 4 of this Decree may continue operations.

2. Before December 31, 2015, from the effective date of this Decree, traders are allowed to purchase raw Tra fish for processing and exporting from Tra fish farming facilities that have not met the conditions specified in Clause 5, Article 4 of this Decree.

3. Prior to the effective date of the Circular of the Ministry of Agriculture and Rural Development on Registration of Farming Area and Production Volume and Issuance of Identification Codes for Tra Fish Farming Facilities, the Tra Fish Farming Registration Certificate (as stipulated in Point b, Clause 4, Article 8) is not a mandatory component in the export contract registration dossier for Tra fish.

4. Before December 31, 2014, from the effective date of this Decree, frozen Tra fish fillets that do not meet the quality requirements specified in Points b and c, Clause 3, Article 6 of this Decree can be exported if they meet the quality and food safety standards required by the importing market.

Article 15. Effective Date

This Decree takes effect from June 20, 2014.

Article 16. Responsibilities for guidance and implementation

1. Based on specific responsibilities assigned according to this Decree and other relevant laws, the Ministries of Agriculture and Rural Development, Industry and Trade, and Finance shall be responsible for guiding the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of the People's Committees of provinces and centrally governed cities, Chairman of the Vietnam Pangasius Association, and Chairpersons of related industry associations within their respective functions and duties shall be responsible for implementing this Decree./.