Circular No. 53/2009/TT-BNNPTNT on the management of alien aquatic species in Vietnam

CIRCULAR

Regulations on managing alien aquatic species in Vietnam

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Pursuant to the Fisheries Law 2003;

Pursuant to the Biodiversity Law 2008;

Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 59/2005/NĐ-CP dated May 4, 2005 on conditions for production and business of certain fisheries trades and Decree No. 14/2009/NĐ-CP dated February 13, 2009 amending and supplementing certain articles of Decree No. 59/2005/NĐ-CP;

The Ministry of Agriculture and Rural Development issues this circular regulating the management of alien aquatic species in Vietnam as follows:

Chapter I.  GENERAL PROVISIONS

3. Amend Clause 3 Article 2 as follows:a) The specialized department as stipulated in Clause 2, Article 14 of Decree No. 127/2007/NĐ-CP dated August 1, 2007, issued by the Government detailing a number of articles of the Law on Standards and Technical Regulations; 1Scope of regulation and applicable subjects

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular stipulates the management of alien aquatic species that are introduced from abroad into the territory of Vietnam with the purpose of intentional or unintentional introduction, which have spread in natural environments or are being kept under controlled environments (hereinafter referred to as alien aquatic species).

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

This Circular applies to organizations and individuals both within and outside Vietnam involved in the management of alien aquatic species in Vietnam.

Article 2Definitions

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

1. Alien aquatic species are aquatic species introduced from abroad into the territory of Vietnam.

2. Invasive alien aquatic species are alien aquatic species that invade habitats or cause harm to native species, disrupting ecological balance at their sites of appearance and development.

3. Potentially invasive alien aquatic species are alien aquatic species that pose a risk of invading habitats or causing harm to native species, disrupting ecological balance at their sites of appearance and development.

4. Holding refers to the activity of bringing alien aquatic species to a specific location for care and breeding.

5. The specialized management agency for fisheries at the local level is the Fisheries Resource Exploitation and Protection Service or the Aquaculture Service (for provinces without a Fisheries Resource Exploitation and Protection Service) or the Fisheries Service (for provinces and cities without the two aforementioned services).

6. The owner of alien aquatic species is an organization or individual having the right to possess, use, and dispose of the alien aquatic species (referred to as the owner).

Chapter II. MANAGEMENT OF ALIEN AQUATIC SPECIES

Article 3. Investigation and establishment of a list of alien aquatic species

1. The specialized management agency for fisheries at the local level investigates and establishes a list of alien aquatic species in its jurisdiction, reports to the Department of Agriculture and Rural Development, which then submits it to the People's Committee of the province/city directly under the Central Government and the Ministry of Agriculture and Rural Development.

2. The Fisheries Resource Exploitation and Protection Bureau takes the lead in coordinating with the specialized management agencies for fisheries at the local level and relevant agencies to organize investigations and determine the degree of invasiveness of alien aquatic species; it then submits to the Ministry of Agriculture and Rural Development for issuance of lists of non-invasive alien aquatic species, potentially invasive alien aquatic species, and invasive alien aquatic species.

Article 4. Reception of alien aquatic species

1. The owner must notify and transfer alien aquatic species owned by them to the specialized management agency for fisheries at the local level when they no longer need to own such species.

2. Within five working days from receiving the notification from the owner, the specialized management agency for fisheries at the local level completes procedures to transfer alien aquatic species to reception units within the province or reports to the Fisheries Resource Exploitation and Protection Bureau if there are no reception units within the province for the Bureau to designate a reception unit.

Reception units include:

Provincial Fisheries Centers with the necessary conditions for holding, National Fish Seed Centers under Research Institutes of Aquaculture I, II, III, and Marine Products Research Institute, or other facilities with the necessary conditions for reception decided by the specialized management agency for fisheries at the local level.

Article 5. Handling cases of dead or diseased alien aquatic species

1. Responsibility of the owner: Within one day from the time the alien aquatic species die abnormally or are determined by the local animal health authority to be diseased, the owner must report via the fastest means of communication to the specialized management agency.

2. Responsibilities of the specialized management agency at the local level:

a) Upon receiving the notification from the owner, coordinate with the local animal health service to inspect the scene, prepare a record clarifying the cause of death or disease of the alien aquatic species;

b) Organize the destruction of dead or diseased alien aquatic species according to the guidelines of the Animal Health Service. The cost of destruction is borne by the owner.

c) Report to the Department of Agriculture and Rural Development and relevant units; simultaneously send a report to the Ministry of Agriculture and Rural Development (Fisheries Resource Exploitation and Protection Bureau) on the handling results of dead or diseased alien aquatic species.

Article 6. Management of non-invasive alien aquatic species

1. The owner must provide information about the alien aquatic species they own when requested by the specialized management agency for fisheries.

2. The owner has the responsibility to notify the specialized management agency for fisheries at the local level when acquiring ownership of alien aquatic species through any form (gift, donation, or otherwise).

Chapter III. MANAGEMENT OF INVASIVE FOREIGN AQUATIC SPECIES

WITH INVASION RISKS.

Article 7. Responsibilities of the owner in managing invasive foreign aquatic species with invasion risks

1. Registering for retention in accordance with Article 8 of this Circular.

2. Providing information on invasive foreign aquatic species owned when requested by specialized fisheries management agencies and must immediately notify local fisheries management authorities about any unusual signs of invasive foreign aquatic species.

3. Establishing records to monitor changes in invasive foreign aquatic species owned and managed.

4. Implementing regular, urgent, and annual reporting systems to specialized management agencies. Content of reports: current development status, impact on biodiversity and native species (reproduction, development, food competition, attacks on native species, diseases, deaths, other incidents).

5. Adhering to supervision by competent state management authorities.

6. Strictly prohibiting owners from releasing invasive foreign aquatic species into natural environments or conservation areas without authorization and must bear legal responsibility for such actions.

Article 8. Procedures for registering retention of foreign aquatic species

1. The registration retention dossier includes:

a) Application form for registration retention (in accordance with Appendix 1 of this Circular);

b) Description of aquaculture technology process, containment management solutions, and system to prevent escape into natural water bodies.

2. Procedure for issuing the Retention Certificate for foreign aquatic species:

a) Authority to issue the Retention Certificate for foreign aquatic species:

 Specialized management agencies receiving registration retention dossiers as stipulated in Clause 1 of Article 8 of this Circular shall issue the Retention Certificate for foreign aquatic species to the owner after obtaining the conclusion and recommendation for issuance of the certificate from the Appraisal Board.

b) Formation of the Appraisal Board: Specialized management agencies receiving registration retention dossiers of owners of foreign aquatic species have the responsibility to establish the Appraisal Board.

Members of the Appraisal Board include: representatives of specialized management agencies serving as Chair, representatives of the Animal Health Service, Department of Natural Resources and Environment, Fisheries Inspection, and related agencies regarding fish seed (Provincial Fish Seed Center or National Fish Seed Center...) as members.

Tasks of the Appraisal Board: Review the registration retention dossier of the owner; inspect the retention facility, prepare the appraisal record, and recommend issuance of the retention certificate to the owner if they meet the conditions stipulated in this Circular.

c) Time limit for appraisal: Within ten working days from receipt of the complete dossier as stipulated in Clause 1 of this Article, the Appraisal Board must complete the appraisal record.

d) Time limit for issuing the Retention Certificate to the owner: Within five working days from completion of the appraisal record, the specialized management agency must issue the free retention certificate to the owner (Appendix 2). If not issued, a written response with reasons must be provided.

Article 9. Responsibilities of specialized fisheries management agencies

1. Containment Management

a) Local specialized management agencies are responsible for delineating, monitoring, and collecting information on invasive foreign aquatic species being retained locally. They cooperate with authorized agencies and relevant agencies to investigate and assess invasion risks to local biodiversity, proposing preventive and management measures.

b) Based on proposals from local specialized management agencies, the Directorate of Fisheries Resource Exploitation and Conservation collaborates with related scientific agencies to conduct investigations, research, and determine the impact of invasive foreign aquatic species on biodiversity and fisheries resources, submitting management solutions to the Ministry of Agriculture and Rural Development.

2. Foreign aquatic species listed in the catalog of species with invasion risks must be registered for retention in accordance with Article 8 of this Circular.

Chapter IV. MANAGEMENT OF INVASIVE FOREIGN AQUATIC SPECIES

FOREIGN INJURY

Article 10. Isolation and eradication of the spread of invasive foreign aquatic species

Measures for isolation and eradication shall be applied to foreign aquatic species listed in the catalog of invasive foreign aquatic species and the catalog of foreign aquatic species with potential invasiveness once they are determined to be invasive species.

Article 11. Responsibilities of management agencies

1. Local specialized fisheries management agencies shall investigate and collect information on invasive foreign aquatic species and report to competent authorities. The People's Committee of the province shall take the lead in coordinating with relevant agencies to investigate, determine the distribution area, develop plans for isolation, and decide on the eradication of invasive foreign aquatic species at the local level.

2. The Ministry of Agriculture and Rural Development:

Provide the list of invasive foreign aquatic species to customs authorities and other competent authorities at border gates to prevent the entry of foreign aquatic species into Vietnam.

Decide on isolation and eradication measures for invasive foreign aquatic species that have spread and spread across two provinces or more.

Article 12. Responsibilities of organizations and individuals

Organizations and individuals who discover invasive foreign aquatic species must immediately notify the nearest local authority. Upon receiving the notification, the local authority must promptly report to the immediate superior agency or the local specialized fisheries management agency to take control and handling measures.

Chapter V. IMPLEMENTATION ORGANIZATION

Article 131.  The Directorate of Electricity and Renewable Energy shall be responsible for:

1. The Fisheries Resource Exploitation and Protection Department shall be responsible for:

a. Organizing inspections, supervision, and guiding and directing localities to implement the contents of this Circular.

b. Compiling and reporting to the Ministry of Agriculture and Rural Development on the situation of managing foreign aquatic species nationwide.

2. Local specialized fisheries management agencies:

a. Regularly monitoring annually the spread of foreign aquatic species, especially invasive foreign aquatic species present within their jurisdiction. Prepare comprehensive reports to send to the Department of Agriculture and Rural Development, the Fisheries Resource Exploitation and Protection Department before December 31 each year;

b. Cooperating with related agencies to publicize about invasive foreign aquatic species and measures for zoning management, isolation, and eradication.

3. Responsibilities of Customs and other competent authorities at border gates:

Customs authorities and other competent authorities at border gates shall provide information on foreign aquatic species introduced into Vietnam upon request from specialized fisheries management agencies.

Article 14. Sources of funding for managing foreign aquatic species

1. Funding for managing foreign aquatic species shall be allocated from the environmental public service budget (Circular No. 114/2006/TTLT-BTC-TNMT dated December 29, 2006, issued by the Ministry of Finance and the Ministry of Natural Resources and Environment on guidelines for managing environmental public service funds).

The Ministry of Agriculture and Rural Development shall ensure funding for the activities of the Fisheries Resource Exploitation and Protection Department in inspection, supervision, guidance, and implementation of management of foreign aquatic species; contingency funds for biodiversity impact assessment and fishery resources, and encirclement and eradication of invasive foreign aquatic species spreading in water bodies throughout the country.

Provincial People's Committees shall ensure the budget for managing foreign aquatic species at the local level.

2. Transportation and storage costs for foreign aquatic species shall be borne by the owner and paid by the state management agency or the receiving unit.

3. Encourage financial and technical sponsorship from domestic and foreign organizations and individuals participating in the management of foreign aquatic species.

Article 15. Implementation

This Circular takes effect from October 1, 2009.

During implementation, if there are issues arising or difficulties encountered, provincial Departments of Agriculture and Rural Development and organizations and individuals should promptly reflect these to the Ministry of Agriculture and Rural Development for consideration and decision./.