Circular No. 50/2015/TT-BNNPTNT on the certification and confirmation of captured aquatic products

CIRCULAR

Regulations on certifying and confirming harvested aquatic products

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Based on the Fisheries Law dated November 26, 2003;

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

Decree No. 14/2009/NĐ-CP dated February 13, 2009 of the Government amending and supplementing some articles of Decree No. 59/2005/NĐ-CP;

Based on Decree No. 33/2010/NĐ-CP dated March 31, 2010 of the Government on managing fishing activities of organizations and individuals in Vietnam's maritime zones;

Pursuant to Decree No. 53/2012/NĐ-CP dated June 20, 2012 of the Government amending and supplementing certain articles of decrees on aquaculture;

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 General Department of Fisheries Director and the Quality Control Department of Forestry, Agriculture and Fisheries Director,

The Minister of Agriculture and Rural Development issues this Circular on certifying and confirming harvested aquatic products.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the procedures, formalities, and contents of confirming raw materials, certifying, and confirming commitments for aquatic products with origins from harvested aquatic products intended for export to markets requiring certification of harvested aquatic products.

Article 2. Applicability

1. This Circular applies to organizations and individuals involved in harvesting, purchasing, processing, exporting, and importing harvested aquatic products for export to markets requiring certification of harvested aquatic products.

2. This Circular does not apply to harvested aquatic products and aquatic product items listed in Appendix I attached hereto.

Article 3. Explanation of Terms

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

1. Confirmation of harvested aquatic product raw materials: is the confirmation by the competent authority of harvested aquatic product raw materials that do not violate regulations on illegal, unreported, and unregulated fishing.

2. Certification of harvested aquatic products: is the certification by the competent authority of export consignments processed from harvested aquatic product raw materials that do not violate regulations on illegal, unreported, and unregulated fishing.

3. Confirmation of commitment for aquatic products with origins from harvested aquatic products: is the confirmation by the competent authority of consignments processed from imported harvested aquatic products that do not violate regulations on illegal, unreported, and unregulated fishing.

Fishing area: is the sea area where fishing vessels conduct fishing during a fishing trip.

Fishing time: is the period from the day the fishing vessel starts deploying fishing gear until the day it finishes retrieving the gear (for each fishing trip).

Certified consignment: is the consignment certified by the competent authority for export to markets requiring certification of harvested aquatic products.

Transshipment at sea: is the transfer of part or all of the harvested aquatic products from one fishing vessel to another.

Shipper: is the owner of the consignment of aquatic products requesting certification of harvested aquatic products, confirmation of harvested aquatic product raw materials, and confirmation of commitment for aquatic products with origins from harvested aquatic products for export to markets requiring certification of harvested aquatic products.

Competent authority: is the Fishery District Office, Regional Agricultural, Forestry and Fishery Quality Control Center.

Article 4. Illegal, Unreported, and Unregulated Fishing Activities

Illegal, unreported, and unregulated fishing (hereinafter referred to as IUU fishing) includes one of the following cases:

1. Fishing without a fishing permit or fishing contrary to the provisions of the fishing permit.

2. Not recording, submitting logbooks, or reporting fishing activities as required.

3. Fishing in prohibited areas or during prohibited periods; transporting or loading onto vessels species of aquatic products prohibited from fishing; fishing species below the specified size limit exceeding the permitted ratio.

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 fishery resources.

6. Obstructing or opposing inspections and supervision of compliance with regulations on fishing and protection of fishery resources carried out by officials assigned such tasks.

7. Transshipping at sea, providing support, assistance, or participating in joint fishing operations with fishing vessels engaged in IUU fishing.

8. Fishing in the maritime zones under the management of regional and national fisheries management organizations without valid fishing permits.

Article 5. Competent authority to confirm and certify

1. The Fisheries Sub-department specified in Appendix II issued together with this Circular shall carry out inspection, confirmation of raw materials; certification of marine products caught and inspection of illegal fishing activities.

2. The Regional Quality Control Center for Agriculture, Forestry and Fisheries specified in Appendix III issued together with this Circular shall conduct inspection and confirmation of commitments for exported aquatic products originating from imported caught marine products.

Chapter II

PROCEDURES FOR CONFIRMATION AND CERTIFICATION OF CAUGHT AQUATIC PRODUCTS

Article 6. Confirmation of raw materials of caught aquatic products

1. The consignor who requests confirmation of raw materials of caught aquatic products shall submit two (2) Marine Product Raw Material Confirmation Certificates (in accordance with the model attached in Appendix IV issued together with this Circular) directly or via postal service to the competent authority specified in Clause 1 of Article 5 of this Circular where the consignor has purchased the raw materials.

2. Within no more than two (2) working days from the date of receiving the request for confirmation of raw materials of caught aquatic products, the competent authority shall verify the authenticity of the information declared in the Marine Product Raw Material Confirmation Certificate and shall perform:

a) Confirmation when the batch of goods matches the declaration in the Marine Product Raw Material Confirmation Certificate and provide one (1) copy to the exporting consignor and retain one (1) copy at the competent authority;

b) Non-confirmation when the batch of goods does not match the declaration in the Marine Product Raw Material Confirmation Certificate or uses raw materials from fishing vessels listed in the list of illegally fishing vessels. In case of non-confirmation of raw materials of caught aquatic products, there must be a written response to the consignor stating the reasons.

3. The competent authority shall deliver the results directly or through postal service to the consignor.

Article 7. Certification of caught aquatic products

1. The consignor who requests certification of caught aquatic products shall submit two (2) sets of files to one of the competent authorities specified in Clause 1 of Article 5 of this Circular where the raw materials of caught aquatic products have been confirmed directly or via postal service to request certification of caught aquatic products.

2. The application dossier for certification of harvested aquatic products includes:

a) Model of the Marine Product Catching Certification Certificate (as stipulated in Appendix V issued together with this Circular) or another model of the Certification Certificate according to the requirements of the Importing Authority. In case the batch of goods uses raw materials from more than one (1) vessel or in case the raw material is purchased from one (1) vessel but processed into multiple batches, additional information as prescribed in Supplement Va of Appendix V issued together with this Circular must be attached;

b) Declaration Form of Transport Information (in accordance with the model prescribed in Supplement Vb of Appendix V issued together with this Circular);

c) Photocopy of the Marine Product Raw Material Confirmation Certificate.

3. Within no more than two (2) working days from the date of receipt of the consignor's file, the competent authority shall examine the file, check the information in the Marine Product Catching Certification Certificate and shall perform:

a) Certify when the contents of the consignment match the declaration in the Fishing Product Origin Certificate and return one (1) set of documents to the shipper and retain one (1) set at the authority.

b) Non-certification when the batch of goods does not match the declaration in the file or uses raw materials from fishing vessels listed in the list of illegally fishing vessels. In case of non-certification, there must be a written response to the consignor stating the reasons.

4. The authority shall deliver the results directly or through postal service to the shipper.

Article 8. Re-certification of harvested aquatic products

1. The competent authority shall only re-certify when the Certificate of Harvested Aquatic Products is torn or damaged beyond recognition.

2. The consignor who requests re-certification of harvested aquatic products shall submit two (2) sets of application files directly or via postal service to the competent authority that originally certified the harvested aquatic products as stipulated in Clause 1, Article 5 of this Circular for certification purposes.

3. The application file for re-certification of harvested aquatic products includes:

a) An application form for re-certification of harvested aquatic products (as prescribed in Appendix VI issued together with this Circular);

b) A sample of the Certificate of Harvested Aquatic Products (as prescribed in Appendix V issued together with this Circular) or another certificate sample as required by the competent authority at the importing country;

c) The torn or damaged Certificate of Harvested Aquatic Products.

4. The procedure shall be carried out according to Clause 3, Article 7 of this Circular.

5. When issuing a new Certificate, the competent authority must ensure that the number matches the number on the previously issued Certificate and must indicate the distinguishing mark of the reissued Certificate (as prescribed in Point 1.2 of Appendix VII issued together with this Circular).

6. The competent authority shall deliver the result directly or via postal service to the consignor.

Article 9. Confirmation of Export Product Commitment Originating from Imported Harvested Aquatic Products

1. The consignor who wishes to export a batch of products produced from imported harvested aquatic products shall submit two (2) sets of application files directly or via postal service to the competent authority (as stipulated in Clause 2, Article 5 of this Circular) to request confirmation.

2. The application documents shall include:

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

b) A confirmation letter of commitment for exported aquatic products originating from imported harvested aquatic products (according to the model prescribed in Appendix VIII issued together with this Circular) or another confirmation letter of commitment for exported aquatic products originating from harvested aquatic products as required by the competent authority of the importing country.

3. Confirmation will not be provided if the consignor does not meet the requirements of the importing country regarding the commitment of exported aquatic products originating from imported harvested aquatic products. In cases where confirmation is not provided, the competent authority must issue a written response to the consignor detailing the reasons.

4. The process of confirming the commitment of exported aquatic products originating from imported harvested aquatic products shall be combined simultaneously with the inspection and issuance of certificates for exported aquatic product batches as stipulated in Circular No. 48/2013/TT-BNNPTNT dated November 12, 2013 on inspection and certification of food safety for exported aquatic products.

Chapter III

INSPECTION OF ILLEGAL HARVESTING ACTIVITIES

Article 10. Inspection of Illegal Harvesting Activities

1. Inspection Object: Fishing vessels supplying raw materials for processing and exporting to markets requiring certification of harvested aquatic products.

2. Inspecting Authority: Provincial/City Fisheries Inspectorate as specified in Clause 1, Article 5 of this Circular.

3. Principles of Inspection:

a) Planned or surprise inspections;

b) Based on risk assessment principles, ensuring inspections are conducted at least five percent (5%) of the total number of port arrivals or fish landing sites annually.

4. The head of the inspecting authority shall issue a decision to establish an Inspection Team, specifying the scope, content, location of inspection, names, positions of the team leader and members. The decision to establish the Inspection Team must be announced at the inspection site before the inspection begins.

5. Inspection Content: As prescribed in Article 4 of this Circular.

6. After completing the inspection, the Inspection Team shall prepare an Inspection Report (according to the model prescribed in Appendix IX issued together with this Circular) and notify the inspection results to the inspected entity. The Inspection Report shall be prepared in two (2) identical copies, each party retaining one (1) copy. If illegal harvesting activities are discovered during the inspection as stipulated in Article 4, the inspecting authority shall take one of the following actions:

a) Not confirm the raw materials of harvested aquatic products, certify harvested aquatic products for the harvested aquatic products of the violating fishing vessel from the date of notification of the inspection results or include the violating fishing vessel in the list of fishing vessels engaged in illegal harvesting activities and send this list to the General Department of Fisheries for publication on its electronic information website;

b) Transfer the case file to the relevant authority for further handling in accordance with the law.

Article 11. Removing fishing vessels from the list of vessels engaged in illegal fishing

Clause 1. The competent authority shall remove fishing vessels from the list of vessels engaged in illegal fishing in the following cases:

Point a) Vessels that have been deregistered;

Point b) After a period of two years from the date of inclusion in the list of vessels engaged in illegal fishing, if the vessel does not violate the provisions set forth in Article 4 of this Circular.

Clause 2. If the owner of the fishing vessel has taken measures to rectify the illegal fishing activities and requests to remove the vessel from the list before the deadline specified in point b, Clause 1, Article 11 of this Circular, it shall be carried out according to the procedures stipulated in Article 12 of this Circular.

Article 12. Procedures for removing fishing vessels from the list of vessels engaged in illegal fishing

Clause 1. The vessel owner submits the Application Form in accordance with the model prescribed in Appendix X attached to this Circular directly or via postal service to the competent authority where the vessel is registered.

Clause 2. Within no more than five working days from the date of receipt of the Application Form, the competent authority shall inspect the corrective measures taken by the vessel owner regarding illegal fishing violations and issue a written notification on the removal of the vessel from the list of vessels engaged in illegal fishing. This notification must be sent to the Fisheries General Department to remove the vessel from the list of vessels engaged in illegal fishing no later than two working days from the date of issuance; in case of disagreement, a written response must be provided with clear reasons.

Clause 3. The authority receiving the application shall return the result to the vessel owner directly or via postal service.

Chapter IV

RESPONSIBILITIES AND LIMITS OF ORGANIZATIONS AND INDIVIDUALS

Article 13. Tasks of the Fisheries General Department

Clause 1. Organizing propaganda and guidance on the implementation of this Circular.

Clause 2. Organizing training and professional development for individuals involved in inspection, confirmation, and certification of fisheries products.

Clause 3. Organizing inspections of the implementation of confirmation and certification of fisheries products by relevant organizations and individuals.

Clause 4. Taking the lead and coordinating with related agencies to exchange and negotiate with foreign authorities on cooperation, information exchange, and handling issues related to the certification of fisheries products and confirmation of export product commitments originating from imported fisheries products.

Clause 5. Publishing the list of vessels engaged in illegal fishing on the Fisheries General Department's website.

Clause 6. Reporting to the Ministry of Agriculture and Rural Development every six months on the activities of inspection, confirmation, and certification of fisheries products.

Article 14. Tasks of the Directorate of Quality Assurance for Agricultural, Forestry, and Fishery Products

Clause 1. Directing and organizing unified professional activities; periodically inspecting and supervising activities related to the inspection and confirmation of export product commitments originating from imported fisheries products.

Clause 2. Unifying professional management; training and developing staff involved in the inspection and confirmation of export product commitments originating from imported fisheries products.

Clause 3. Reporting to the Ministry of Agriculture and Rural Development every six months on the activities of inspection and confirmation of export product commitments originating from imported fisheries products.

Clause 4. Directing regional Quality Assurance Centers for Agricultural, Forestry, and Fishery Products:

Point a) Implementing the confirmation of export product commitments originating from imported fisheries products as prescribed in Article 9 of this Circular;

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

Point c) Reporting to the Directorate of Quality Assurance for Agricultural, Forestry, and Fishery Products as prescribed;

Point d) Storing records of the confirmation of export product commitments originating from imported fisheries products for a period of three years from the date of confirmation.

Article 15. Tasks of the Provincial Department of Agriculture and Rural Development in coastal provinces

1. Direct, guide, and inspect the implementation of this Circular with respect to the competent authority specified in Clause 1, Article 5 of this Circular.

2. Promote, disseminate, guide, and inspect the implementation of this Circular within the assigned management area.

3. Advise the provincial People's Committee to ensure funding, human resources, and related conditions for the activities of the competent authority regarding confirmation and certification of captured aquatic products.

4. Direct the Fisheries Inspectorate:

a) Resolve and process files related to the confirmation and certification of captured aquatic products, and the inclusion and exclusion of fishing vessels from the list of vessels engaged in illegal fishing;

b) Guide cargo owners, ship owners, and captains to perform tasks related to the confirmation and certification of captured aquatic products;

c) Establish and announce a list of fishing vessels engaged in illegal fishing to the General Fisheries Department;

d) Store files related to the confirmation and certification of captured aquatic products for a period of three years from the date of confirmation and certification;

đ) Coordinate with the General Fisheries Department to receive, process, verify information related to the confirmation and certification of captured aquatic products at the request of foreign competent authorities;

g) Update and send to the General Fisheries Department changes in organizational structure and personnel (stamp models and signatures) of the agency to inform foreign competent authorities;

h) Regularly before the 25th day of each month or upon request, report to the General Fisheries Department on the situation of confirmation and certification of captured aquatic products, and fishing vessels engaged in illegal fishing. The report format is stipulated in Appendix XI issued together with this Circular;

i) Require captains, ship owners, or representatives of ship owners and cargo owners to provide relevant information for inspection, confirmation, and certification of captured aquatic products.

Article 16. Responsibilities of the Fishery Port Management Board

Provide information related to fishing vessels moored and unloading raw materials of captured aquatic products at the port to the competent authority specified in Article 5 of this Circular.

Article 17. Responsibilities and Authorities of Captains and Ship Owners

1. Provide accurate and complete information recorded in the Confirmation and Certification Certificate of Captured Aquatic Products to the cargo owner; sign to confirm and bear responsibility for the provided information.

2. Carry out fishing activities in accordance with the provisions of the law.

3. Facilitate the Inspection and Supervision Team in performing their duties.

4. Ship owners have the right to request the competent authority to provide regulations related to the confirmation and certification of captured aquatic products, and the removal of fishing vessels from the list of vessels engaged in illegal fishing.

Article 18. Responsibilities and Authorities of Cargo Owners

1. Provide accurate and complete information recorded in the Confirmation and Certification Certificate of Captured Aquatic Products, confirm the commitment that the seafood product has its origin from captured aquatic products for export; sign to confirm and bear responsibility for the provided information.

2. Store confirmation and certification files for a period of three years from the date of confirmation and certification.

3. Cooperate with the competent authority in providing information and explaining issues raised by importing countries' competent authorities regarding exported consignments.

4. Facilitate the Inspection and Supervision Team in performing their duties.

5. Cargo owners have the right to request the competent authority to provide relevant regulations concerning confirmation and certification.

6. Request the competent authority where raw materials were purchased to confirm the raw materials of captured aquatic products.

7. Have the option to submit application files for Certification of Captured Aquatic Products to one of the competent authorities that have confirmed the raw materials of captured aquatic products.

Chapter V

IMPLEMENTATION

Article 19. Transitional Provisions

A Confirmation Certificate of Raw Materials of Captured Aquatic Products that was implemented before this Circular takes effect remains valid for the certification of captured aquatic products according to the provisions of this Circular.

Article 20. Implementation Provisions

1. This Circular takes effect from February 15, 2016.

2. This Circular replaces Circular No. 28/2011/TT-BNNPTNT dated April 15, 2011 of the Ministry of Agriculture and Rural Development on the certification and confirmation of captured aquatic products for export to the European market.

3. Any referenced documents subject to amendment, supplementation, or replacement shall be applied according to the amended, supplemented, or replaced document.

4. Agencies tasked with inspecting, confirming raw materials; certifying and confirming commitments that seafood products originate from captured aquatic products for export to markets requiring certification must annually prepare budget estimates, submit for approval by the competent authority to implement.

5. During the implementation process, if any issues arise or difficulties occur, agencies and units must promptly report to the General Fisheries Department or the Directorate of Quality Assurance of Forestry, Agricultural, and Aquatic Products for consolidation and reporting to the Minister of Agriculture and Rural Development for consideration and decision./.