Circular No. 62/2008/TT-BNN amending and supplementing certain contents of Circular No. 02/2006/TT-BTS dated March 20, 2006 of the Ministry of Fisheries guiding the implementation of Decree No. 59/2005/NĐ-CP dated May 4, 2005 of the Government on conditions for production and business in certain aquatic industries.

CIRCULAR

Amending and supplementing certain contents of Circular No. 02/2006/TT-BTS
dated March 20, 2006 of the Ministry of Fisheries guiding the implementation of Decree
No. 59/2005/NĐ-CP dated May 4, 2005 of the Government on conditions for production and business of certain aquatic industries
production and business of certain aquatic industry occupations

--------------------------------------------------------------------------------

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 of the Government on conditions for production and business of certain aquatic industries;

The Ministry of Agriculture and Rural Development amends and supplements certain contents of Circular No. 02/2006/TT-BTS dated March 20, 2006 of the Minister of Fisheries guiding the implementation of Decree No. 59/2005/NĐ-CP dated May 4, 2005 of the Government on conditions for production and business of certain aquatic industries (hereinafter referred to as Circular No. 02/2006/TT-BTS) as follows:

1. Point b, Clause 1, Section I is amended and supplemented as follows:

“b. Conditions for trading veterinary drugs, biological preparations, microorganisms, and chemicals used in aquaculture shall be implemented in accordance with Article 39 of the Veterinary Law, Article 54 of Decree No. 33/2005/NĐ-CP dated March 15, 2005 guiding detailed regulations on certain provisions of the Veterinary Law, and point c, Clause 1, Article 4 of Decree No. 59/2006/NĐ-CP dated June 12, 2006 detailing the Law on Trade regarding goods and services prohibited from trade, restricted trade, and conditional trade.”

2. Point c, Clause 3, Section II is amended as follows:

“c) Prohibited fishing activities include:

- Fishing activities using explosives, electricity, electric shock devices, chemicals, or poisons;

- Using fishing methods or tools specifically designed to catch pufferfish;

- Fishing methods using nets with mesh sizes smaller than those specified in point đ, Clause 2, Section II of Circular No. 02/2006/TT-BTS;

- Fishing methods and types of vessels prohibited from operating in certain fishing zones:

+ In the coastal zone, prohibited fishing methods include trawl nets (except surface trawl nets for catching krill or anchovies), light fishing (except squid light fishing and handline squid fishing), and other methods that have been approved by the provincial People's Committee with the consent of the Ministry of Agriculture and Rural Development; fishing methods using fishing vessels with main engine power or designed waterline length exceeding the limits set forth in Decree No. 123/2006/NĐ-CP dated October 27, 2006 of the Government on managing fishing activities of organizations and individuals in Vietnam’s maritime areas.

+ In the estuarine zone, prohibited fishing methods include light fishing using sources of light exceeding the limits set forth in point đ, Clause 2, Section II of Circular No. 02/2006/TT-BTS; fishing methods using fishing vessels with main engine power exceeding the limits set forth in Decree No. 123/2006/NĐ-CP dated October 27, 2006 of the Government on managing fishing activities of organizations and individuals in Vietnam’s maritime areas.”

3. Point a, Clause 4, Section II on procedures and processes for issuing and extending fishing permits is amended as follows:

“a) For the first-time application for a permit or extension of a permit:

- Procedures, processes, and fees for issuing and extending permits shall be carried out in accordance with Article 6 of Decree No. 59/2005/NĐ-CP dated May 4, 2005 of the Government on conditions for production and business of certain aquatic industries.

The application for a permit shall be made according to the form prescribed in Appendix 8 of Circular No. 02/2006/TT-BTS.

The application for an extension of a permit shall be made according to the form prescribed in Appendix 9 of Circular No. 02/2006/TT-BTS.

- The validity period of the extended permit shall be implemented in accordance with Clause 3, Article 5 of Decree No. 59/2005/NĐ-CP dated May 4, 2005 of the Government on conditions for production and business of certain aquatic industries.”

4. Clause 5, Section II on circumstances for revoking permits is amended and supplemented as follows:

“5. Circumstances for revoking permits as stipulated in Clause 1, Clause 2, Article 18 of the Fisheries Law. Other violations subject to permit revocation include:

- Violations stipulated in Clause 2, Clause 3, Article 9 of Decree No. 128/2005/NĐ-CP dated October 11, 2005 of the Government on administrative violations in the fisheries sector, resulting in serious consequences, shall result in suspension of the permit for six months (if applicable);

- Violations stipulated in Clause 8, Article 10 of Decree No. 128/2005/NĐ-CP dated October 11, 2005 of the Government on administrative violations in the fisheries sector shall result in confiscation and cancellation of counterfeit permits, altered permits, or permits with tampered information.”

5. Point b, Clause 1, Section III on production and business of fishing gear and equipment is amended as follows:

“b. For goods that are fishing gear (including raw materials for manufacturing fishing gear) and fishing equipment, the provisions of Appendix IV of Decree No. 89/2006/NĐ-CP dated August 30, 2006 of the Government on Product Labels and guidelines for implementing this Decree shall apply.”

6. Point b, Clause 6, Section III is amended and supplemented as follows:

“b. Managers or sales staff of the establishment must have at least a secondary level education in one of the following fields: aquaculture, veterinary science, animal husbandry, biology, or hold a legally recognized training certificate in aquafeed issued by authorized agencies.”

7. Points d and đ, Clause 6, Section III are abolished.

8. Amending and supplementing certain contents in the appendices of Circular No. 02/2006/TT-BTS (issued together with this Circular) including:

- Appendix 1: Sample of a Fishing Permit;

- Appendix 4: Regulations on temporary fishing prohibition zones;

- Appendix 5: Prohibited fishing targets;

- Appendix 6: Temporary prohibited fishing targets;

- Appendix 7: Minimum size of economically important aquatic species allowed for capture in natural waters.

9. The name "Ministry of Fisheries" in Circular No. 02/2006/TT-BTS is changed to "Ministry of Agriculture and Rural Development."

10. This Circular takes effect 15 days after its publication in the Official Gazette.

During the implementation process, if there are any difficulties, it is recommended that agencies, organizations, and individuals promptly report them to the Ministry of Agriculture and Rural Development for study and revision./.