DECREE NO. 59/2005/ND-CP ON CONDITIONS FOR PRODUCTION AND BUSINESS IN SOME SECTORS OF THE FISHERIES INDUSTRY

DECREE

Regarding conditions for production and business in certain aquatic industries

THE GOVERNMENT

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

Pursuant to the Enterprise Law dated June 12, 1999;

Pursuant to the State Enterprise Law dated November 26, 2003;

Pursuant to the Law on Cooperatives dated November 26, 2003;

Based on the Fisheries Law dated November 26, 2003;

At the proposal of the Minister of Fisheries,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of application

1. This Decree stipulates the industries and businesses in aquatic production and trade that require permits, procedures, and the process for issuing permits; it also specifies conditions for certain industries and businesses that do not require permits.

2. The conditions for practicing veterinary medicine in aquatics shall be carried out in accordance with the provisions of the Veterinary Law and the Government's Decree detailing the implementation of the Veterinary Law.

Article 2. Applicability

1. Domestic organizations and individuals, as well as foreign organizations and individuals engaged in aquatic production and trade must comply with the provisions of this Decree and other relevant laws of Vietnam.

In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from those of this Decree, the provisions of such international treaties shall apply.

2. For foreign organizations and individuals operating fishing vessels in aquatic activities, they must follow Decree No. 191/2004/NĐ-CP dated November 18, 2004, of the Government on managing the activities of foreign fishing vessels in Vietnam's territorial waters.

3. Households and individuals engaged in small-scale aquaculture, processing, and trading of fresh aquatic products and processed aquatic products, using traditional methods (as defined by the Ministry of Fisheries); those who exploit aquatic resources with fishing vessels under 0.5 tons in gross tonnage or without using fishing vessels are not subject to the regulations of this Decree.

PART II
INDUSTRIES AND TRADES IN AQUATIC PRODUCTION AND BUSINESS
REQUIRE PERMITS

Article 3. Exploitation of aquatic resources is an industry that requires a permit

Organizations and individuals exploiting aquatic resources in Vietnam's marine areas and other natural water bodies must have an exploitation permit issued by the competent state management agency.

Article 4. Fishing Permit

1. An organization or individual may apply for a fishing permit (hereinafter referred to as the permit) for multiple fishing vessels, but each permit only lists the name of one vessel and is valid for use only for that vessel.

2. The validity period of the permit does not exceed twelve months.

3. The Ministry of Fisheries prescribes the model of the permit according to the content specified in Clause 2, Article 16 of the Fisheries Law for uniform use throughout the country.

Article 5. Issuance, extension, and revocation of permits

1. Organizations and individuals granted a permit must meet the following conditions:

a. Possess a Certificate of Registration of Fishing Vessel;

b. Possess a Technical Safety Certificate of Fishing Vessel, for types of vessels as prescribed by the Ministry of Fisheries;

c. Possess a Logbook of Crew Members, for types of vessels as prescribed by the Ministry of Fisheries;

d. The captain and engineer of the type of vessel as prescribed by the Ministry of Fisheries must hold a Captain's License and Engineer's License;

e) Have appropriate fishing methods and gear as prescribed by the Ministry of Fisheries.

2. Permits will not be issued in the following cases:

a. Exploiting prohibited aquatic species; exploiting in prohibited areas, during prohibited periods, or using prohibited methods;

b. Exploiting aquatic species listed in the catalog of aquatic species whose stock levels are severely declining or at risk of extinction, as announced by the Ministry of Fisheries.

3. Extension of permits

Each permit can be extended multiple times, with each extension not exceeding twelve months.

4. Revocation of permits in cases as provided for in Article 18 of the Fisheries Law.

Article 6. Procedures and processes for issuing permits

1. Application documents for obtaining a permit include:

a. Application form for a permit;

b. Types of documents as specified in Clause 1, Article 5 of this Decree (certified copies).

2. Application documents for extending a permit:

a. Application form for extending a permit;

b. Safety Certificate of Fishing Vessel (certified copy);

c. Previously issued permit (certified copy).

3. The authority responsible for issuing permits as specified in Article 7 of this Decree shall examine and issue or extend permits within fifteen working days from the date of receipt of complete and valid application documents. If a permit is not issued or extended, a written response stating the reasons must be provided.

4. Organizations and individuals applying for a permit or extension must pay fees.

The Ministry of Finance shall prescribe the rates, collection, payment, management, and use of fees for issuing fishing exploitation permits.

Article 7. Authority to issue permits

1. The Directorate of Fisheries Resource Exploitation and Protection under the Ministry of Fisheries issues permits for the following organizations:

a. Enterprises and organizations directly under the Ministry of Fisheries;

b. Enterprises and organizations directly under other central ministries and agencies;

c. Enterprises and organizations engaged in economic activities under armed forces.

2. Provincial Fisheries Control Bureau or Provincial Fisheries Resource Exploitation and Protection Control Bureau shall issue and revoke permits for organizations and individuals with fishing vessels registered in their province, except for vessels belonging to organizations mentioned in Clause 1 of this Article.

3. The authority issuing permits is simultaneously the authority to revoke and extend issued permits.

CHAPTER III
INDUSTRIES AND TRADES WITH CONDITIONS

Article 8. Industries and trades in aquatic production and business that do not require permits

The following industries and trades in aquatic production and business do not require permits, but must ensure the conditions prescribed by law: production and trade of fishing gear and equipment; construction and modification of fishing vessels; production and trade of aquatic seedlings; aquaculture; production and trade of aquatic feed; processing of aquatic products; trade of raw materials for aquatic product processing for food

Article 9. Production and Trade of Fishing Gear and Equipment

Organizations and individuals producing and trading fishing gear (including raw materials for manufacturing fishing gear) and equipment for fishing must meet the following conditions:

1. Possess a Business Registration Certificate for the industry or trade of producing or trading fishing gear and equipment for fishing issued by the competent state management agency.

2. Have a shop, signboard, and clear address.

3. The factory, warehouse, equipment, wastewater treatment system, solid waste, and exhaust gas disposal systems of the production facility must meet environmental protection standards as prescribed by law.

4. The production facility must have at least one technician holding a diploma or higher in fisheries or marine engineering.

5. Must ensure the quality standards of goods that have been announced; implement maritime labeling in accordance with the provisions of the law.

6. Only allowed to produce and trade fishing gear and equipment for aquatic resource exploitation that are not included in the list of prohibited items prescribed by the Ministry of Fisheries or supplemented by the People's Committee of the province.

Article 10. Construction and modification of fishing vessels

Organizations and individuals engaged in the construction and modification of fishing vessels for types of fishing vessels required to undergo inspection (except shipbuilding facilities under the industry or defense sector) must meet the following conditions:

1. The construction site of the facility must comply with local planning.

2. Have a business registration certificate for the construction and modification of fishing vessels issued by the competent state management agency.

3. The facility must have clear signage and address.

4. Workshops and equipment must be suitable for technical requirements as stipulated by the Ministry of Fisheries; the wastewater treatment system and solid waste disposal system of the facility must meet environmental protection requirements as prescribed by law.

5. Must have at least one technical staff member with a college degree or higher in ship hull technology and another technical staff member with a college degree or higher in power technology.

Article 11. Production and trading of aquatic animal seedlings

1. Organizations and individuals engaged in the production and trading (including storage services) of aquatic animal seedlings must meet the following conditions:

a) Have a business registration certificate for aquatic animal seedlings issued by the competent state management agency;

b) The construction site of the production and trading facility for aquatic animal seedlings must comply with local planning;

c) Technical infrastructure and equipment, water supply and drainage systems, wastewater treatment systems, transportation and storage means of the facility must meet production and trading requirements for each type and grade of aquatic animal seedlings, ensuring veterinary hygiene and environmental protection requirements as prescribed by law;

d) Facilities producing and trading parent stock and commercial stock must have technical staff trained in aquaculture techniques;

đ) Facilities producing and trading purebred stock, inbreeding stock, grandparent stock must have technical staff with a bachelor's degree or higher in aquaculture;

e) Maintain records of the production and trading process of seedlings;

g) Implement mandatory technical procedures for seedling production as prescribed by the Ministry of Fisheries.

2. Organizations and individuals engaged in the production and trading of male seedlings, female seedlings, male seedling semen, seedling eggs, and aquatic animal larvae must meet the following conditions:

a) Conditions specified in points a, b, c, e, g of Clause 1 of this Article;

b) Have technical staff who have obtained certificates for training in artificial insemination, embryo transfer, egg incubation, and aquaculture breeding technology;

c) Implement regulations on the management, utilization, and preservation environment of semen, embryos, and their dilution according to the provisions of the Ministry of Fisheries;

d) Male and female seedlings of aquatic animals must have clear origins and have undergone veterinary quarantine;

đ) Implement regulations on the management, utilization, and preservation of male and female seedlings, seedling eggs, and aquatic animal larvae according to the provisions of the Ministry of Fisheries.

Article 12. Aquaculture

Organizations and individuals engaged in aquaculture must meet the following conditions:

1. Have a business registration certificate for aquaculture issued by the competent state management agency.

2. The construction site of the aquaculture facility must comply with local planning.

3. The facility must meet technical standards for aquaculture, veterinary hygiene standards, food safety standards, and environmental protection requirements as prescribed by law.

4. Use feed, veterinary drugs, biological preparations, microorganisms, and chemicals in accordance with the provisions of the law.

Article 13. Production of fish feed

Organizations and individuals engaged in the production of fish feed must meet the following conditions:

1. Have a business registration certificate for the production of fish feed issued by the competent state management agency.

2. Workshops, warehouses, equipment, and wastewater treatment systems must meet requirements for aquatic veterinary hygiene and environmental protection as prescribed by law.

3. Have technical staff with a college degree or higher in food processing, food chemistry, or aquaculture.

4. Use veterinary drugs, biological preparations, microorganisms, and chemicals in accordance with the provisions of the law.

Article 14. Trading of fish feed

Organizations and individuals engaged in the trading of fish feed must meet the following conditions:

1. Have a business registration certificate for fish feed trading issued by the competent state management agency.

2. Have a shop, signboard, and clear address.

3. Storage and display areas must meet requirements for ensuring quality and aquatic veterinary hygiene as prescribed by law.

4. Managers or sales staff must have certificates for training in fish feed or have a college degree or higher in aquaculture.

5. Only allowed to trade fish feed that has been announced with quality standards and meets aquatic veterinary hygiene standards, has correct maritime labeling as prescribed by law, and is listed as commonly permitted for use according to the provisions of the Ministry of Fisheries.

Article 15. Processing of aquatic products

Organizations and individuals engaged in the processing of aquatic products must meet the following conditions:

1. Have a business registration certificate for aquatic product processing issued by the competent state management agency.

2. The construction site of the aquatic product processing facility must comply with local planning.

3. Workshops, warehouses, equipment, processing tools, cleaning tools, water systems, wastewater treatment systems, solid waste and exhaust gas treatment systems, and product quality testing equipment must meet food safety and environmental protection requirements as prescribed by law.

4. For new aquatic product processing facilities producing food (as prescribed by the Ministry of Fisheries), fifteen days before commencing operations, they must notify the competent authority for inspection and recognition of compliance with food safety requirements.

5. Industrial seafood processing facilities must have at least one technical staff member with a university degree in one of the following fields: food technology, seafood processing, biology, or biochemistry.

6. Direct workers in seafood processing facilities must meet health standards as prescribed and be equipped with necessary personal protective equipment.

Article 16. Trading of raw materials for seafood food processing

Organizations and individuals engaged in trading raw materials for seafood food processing must satisfy the following conditions:

1. Possess a business registration certificate for the registered industry or profession issued by the competent state management agency.

2. Have a shop, signboard, and clear address.

3. Factories, warehouses, procurement means, preservation, and transportation equipment dedicated to seafood must comply with food safety hygiene conditions as stipulated by law.

4. Only permitted types of food additives and chemicals listed for use and circulation in Vietnam may be utilized, and they must be used within the prescribed dosage limits to preserve seafood according to legal regulations.

5. Business and service establishments must meet environmental protection and veterinary hygiene requirements as prescribed by law.

PART IV
INSPECTION, MONITORING OF PRODUCTION AND BUSINESS CONDITIONS; COMPLAINTS AND REPORTS; REWARDS AND VIOLATION HANDLING

Article 17. Inspection and monitoring of production and business activities in the seafood industry

1. The Ministry of Fisheries, relevant ministries, sectors, and provincial People's Committees are responsible for organizing inspections and monitoring of seafood industry business activities and handling violations within their jurisdiction.

2. The inspection and monitoring content includes compliance with this Decree's provisions and implementation of commitments made to the competent state management agency upon business registration.

3. Conducting inspections and monitoring of business conditions in the seafood industry must adhere to legal regulations.

Article 18. Petitioning and Reporting

1. Organizations and individuals have the right to appeal decisions made by authorized persons regarding the implementation of this Decree's provisions according to the law on complaints and reports.

2. Individuals have the right to report to competent state agencies about violations of this Decree's provisions by other organizations and individuals; about illegal actions of state management agency personnel according to the law on complaints and reports.

Article 19. Commendation and handling of violations

1. Organizations and individuals who achieve notable results in implementing this Decree will be rewarded according to the law on commendation and rewards.

2. Any violation of this Decree's provisions shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.

3. Anyone who abuses their position or authority to violate this Decree's provisions and related laws shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.

CHAPTER V
IMPLEMENTING PROVISIONS

Article 20. Effectiveness

1. This Decree shall take effect fifteen days after its publication in the Official Gazette.

2. This Decree replaces Government Decree No. 86/2001/NĐ-CP dated November 16, 2001, concerning the conditions for operating seafood industries.

Article 21. Responsibility for guidance and enforcement

1. The Ministry of Fisheries is responsible for guiding the implementation of this Decree.

2. Ministers, heads of agencies equivalent to Ministries, heads of government agencies, and Chairpersons of provincial People's Committees and centrally governed city People's Committees are responsible for enforcing this Decree./.