Decree No. 55/2017/ND-CP on Management of Catfish Farming, Processing, and Export

DECREE

MANAGEMENT OF FARMING, PROCESSING AND EXPORT OF TRAH FISH PRODUCTS

At the proposal of the Minister of Agriculture and Rural Development;

The Government promulgates this Decree on the management of farming, processing and export of Trah fish products.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the management of farming, processing and export of Trah fish products.

Article 2. Applicability

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

Chapter II

FARMING, PROCESSING, AND EXPORT OF TRAH FISH PRODUCTS

Article 3. Conditions for farming commercial Trah fish

1. Having a location and area for farming Trah fish that comply with the land use planning of the People's Committee of the province.

2. Having infrastructure meeting technical requirements for farming commercial Trah fish; having separate water supply and drainage systems; having waste treatment facilities that meet environmental protection and veterinary hygiene requirements.

3. Meeting the regulations on food safety conditions as prescribed by laws on food safety.

4. Possessing a Certificate of Identification Code for Trah Fish Farm Ponds as prescribed in Article 4 of this Decree.

Article 4. Registration of Identification Codes for Commercial T rah Fish Farm Ponds

1. Pond identification code:

The code consists of 11 digits and has the structureAA-BB-CCCC-DDD, including:

AA:Province or centrally governed city code applicable in aquaculture management (Annex I issued together with this Decree);

BB:Aquaculture object code (for Trah fish it is 01);

CCCC:Serial number of the aquaculture facility from 0001 to 9999;

DDD:Pond serial number of the Trah fish aquaculture facility, assigned in sequence from 001 to 999.

2. Provincial aquaculture management agencies shall issue pond identification codes. Each pond is assigned only one unique identification code.

3. The owner of the aquaculture facility must register the pond identification code initially or re-register when there is a change in the aquaculture facility owner or pond area.

4. Application dossier:

a) Initial registration dossier includes: Application form for pond identification code issuance (Form No. 01 in Annex II issued together with this Decree) and a copy of the pond layout plan;

b) Re-registration dossier includes: Application form for pond identification code reissuance (Form No. 02 in Annex II issued together with this Decree), original certificate of pond identification code for commercial Trah fish ponds requesting reissuance and a copy of the pond layout plan.

5. Implementation procedure:

a) The aquaculture facility owner submits one set of dossier as prescribed in Clause 4 of this Article to the provincial aquaculture management agency;

b) Within no more than one working day from the date of receiving the dossier, the provincial aquaculture management agency guides the aquaculture facility owner to supplement missing or non-compliant contents;

c) Within no more than two working days from the date of receiving a valid dossier, the provincial aquaculture management agency issues the Certificate of Identification Code for Commercial T rah Fish Ponds (Annex III issued together with this Decree); retains one copy of the dossier and sends one copy to the aquaculture facility owner. In cases where the identification code is not issued, the provincial aquaculture management agency responds in writing to the aquaculture facility owner, stating the reasons.

Article 5. Conditions for Processing Trah Fish

1. Complying with the provisions on business investment conditions in Article 21 of Decree No. 66/2016/NĐ-CP dated July 1, 2016 of the Government on business investment conditions regarding plant quarantine and inspection; plant varieties; common wildlife breeding; animal husbandry; fisheries; and food.

2. Complying with the provisions and technical standards on food safety conditions in fish processing.

3. Possessing a Food Safety Assurance Facility Certificate issued by the competent state management agency.

4. Having a traceability system that complies with legal provisions and ensures traceability back to the farm.

Article 6. Quality and food safety conditions for Pangasius products

1. Raw Pangasius used for processing must be raised from Pangasius farming facilities that meet the conditions stipulated in Article 3 of this Decree.

2. Pangasius products must comply with the provisions and technical standards on quality and food safety.

3. The labeling of Pangasius products must comply with the legal regulations on labeling of processed foods.

Article 7. Export Conditions for Pangasius Products

1. Exported Pangasius products must be processed at facilities that meet the conditions stipulated in Article 5 of this Decree. In cases where organizations or individuals exporting Pangasius products do not have processing facilities meeting the conditions stipulated in Article 5 of this Decree, they must satisfy one of the following two conditions:

a) Have a purchase contract for Pangasius products processed at a facility that meets the conditions stipulated in Article 5 of this Decree;

b) Have a contract for processing or manufacturing with the owner of a facility that meets the conditions stipulated in Article 5 of this Decree.

2. Exported Pangasius products must comply with the provisions of Article 6 of this Decree and the regulations of the importing country. In cases where the importing country has different regulations from those of Vietnamese law, the regulations of the importing country shall apply.

3. Customs procedures for exported Pangasius products shall be carried out in accordance with the Law on Customs. Organizations and individuals are not required to present documents proving compliance with the conditions stipulated in Clause 1 and Clause 2 of this Article when handling export procedures for Pangasius products with customs authorities.

Chapter III

IMPLEMENTATION

Article 8. Responsibilities of Relevant Ministries and Sectors

1. The Ministry of Agriculture and Rural Development:

a) Lead in drafting and promulgating national standards and technical regulations on farming, processing, and exporting Pangasius products in accordance with the laws on standards and technical regulations;

b) Guide, inspect, and supervise provincial aquatic resource management agencies in issuing identification codes for breeding ponds;

c) Direct, guide, and organize inspections to issue Certificates of Compliance with Food Safety Conditions for farming and processing facilities; inspect and supervise the quality of farmed, processed, and exported Pangasius according to their authority;

d) Guide the implementation of traceability for Pangasius products in accordance with the law;

e) Direct and guide the development and implementation of plans for environmental management and disease surveillance programs for Pangasius;

f) Establish a national database on farming, processing, and exporting Pangasius products;

g) Lead and coordinate with the Ministry of Industry and Trade, the Ministry of Foreign Affairs, and other relevant ministries and sectors to provide advice and handle issues related to technical barriers and trade promotion for the export of Pangasius products;

h) Guide, inspect, audit, and handle violations of the law in the activities of farming, processing, and exporting Pangasius products according to their authority.

2. The Ministry of Industry and Trade:

a) Lead and coordinate with the Ministry of Agriculture and Rural Development, the Ministry of Foreign Affairs, and other relevant ministries and sectors to provide advice and handle trade disputes concerning the export of Pangasius products;

b) Inspect and supervise the implementation of this Decree in accordance with the laws on trade.

3. The Ministry of Foreign Affairs:

Coordinate with the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, and other relevant ministries and sectors to provide advice and handle trade disputes, technical barriers, and trade promotion for the export of Pangasius products.

4. The Ministry of Finance:

Direct the General Department of Customs to compile and report periodically on the import and export situation of Pangasius on the 20th day of each month (Annex IV and Annex V issued together with this Decree) to the Ministry of Agriculture and Rural Development and the Ministry of Industry and Trade.

Article 9. Provincial People's Committees and Municipal People's Committees under the Central Government

1. Specify the location and area of seed production zones and commercial Pangasius farming zones in accordance with the local land use planning.

2. Direct local aquatic product management agencies to organize the issuance and reissuance of identification codes for Pangasius farming ponds.

3. Direct relevant units to organize farming, processing, and export of Pangasius products at the local level in accordance with the law.

4. Direct relevant units to organize inspections and handle violations according to the law regarding farming, processing, and exporting Pangasius products at the local level within their authority.

5. Report to the Ministry of Agriculture and Rural Development on the situation of farming, processing, and exporting Pangasius products at the local level on a monthly, quarterly, annual, or ad hoc basis.

Article 10. Associations and Industry Associations

1. Guide members to comply with laws and regulations concerning farming, processing, and exporting Pangasius products.

2. Organize activities to promote trade, analyze, forecast, and provide information on the export market for Pangasius products.

3. Coordinate with competent authorities to promote exports, resolve trade disputes, and technical barriers related to farming, processing, and exporting Pangasius products.

4. Provide support and information on farming, processing, and markets to organizations and individuals involved in farming, processing, and exporting Pangasius products.

Article 11. Organizations and Individuals Engaged in Farming, Processing, and Exporting Pangasius Products

1. Comply with management regulations for farming, processing, and exporting Pangasius products as stipulated in this Decree and other relevant legal documents.

2. Maintain records for traceability of Pangasius products for a period of 24 months from the date of harvest or sale.

3. Bear legal responsibility for actions and violations in farming, processing, and exporting Pangasius products.

Chapter IV

IMPLEMENTING PROVISIONS

Article 12. Transitional Provisions

The identification code certificate for commercial Pangasius farming ponds issued under Decree No. 36/2014/NĐ-CP dated April 29, 2014 of the Government on farming, processing, and exporting Pangasius products remains valid.

Article 13. Effective Date

1. This Decree takes effect from July 1, 2017.

2. This Decree replaces Decree No. 36/2014/NĐ-CP dated April 29, 2014 of the Government on farming, processing, and exporting Pangasius products.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and municipal people's committees under the central government, and related agencies are responsible for implementing this Decree./.