Decision No. 650/2000/QĐ-BTS Issuing the Regulation on State Inspection and Certification of Aquatic Product Quality, Replacing Decision No. 08/2000/QĐ-BTS dated January 7, 2000

DECISION OF THE MINISTER OF AQUATIC RESOURCES

MINISTRY OF FISHERIES

ISSUING REGULATIONS ON STATE INSPECTION AND CERTIFICATION OF THE QUALITY OF FISHERY PRODUCTS, REPLACING DECISION NO. 08/2000/QĐ-BTS DATED JANUARY 7, 2000

 

MINISTER OF AQUATIC RESOURCES

BASED ON GOVERNMENT DECREE 50/CP DATED JUNE 21, 1994, PROVIDING FOR THE TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF FISHERIES;

BASED ON GOVERNMENT DECREE 86/CP DATED DECEMBER 8, 1995, ASSIGNING RESPONSIBILITIES FOR STATE MANAGEMENT OF THE QUALITY OF GOODS;

BASED ON JOINT CIRCULAR 02 TT/LB DATED MAY 24, 1996, GUIDING THE IMPLEMENTATION OF GOVERNMENT DECREE 86/CP;

AT THE PROPOSAL OF THE HEAD OF THE SCIENCE AND TECHNOLOGY DEPARTMENT;

 

DECISION:

Article 1.Issued together with this Decision REGULATIONS ON STATE INSPECTION AND CERTIFICATION OF THE QUALITY OF FISHERY PRODUCTS, REPLACING Regulation DECISION NO. 08/2000/QĐ-BTS DATED JANUARY 7, 2000.

Article 2. THIS DECISION SHALL TAKE EFFECT 15 DAYS FROM THE DATE OF SIGNATURE..

Article 3. THE HEAD OF THE SCIENCE AND TECHNOLOGY DEPARTMENT IS RESPONSIBLE FOR GUIDING AND MONITORING THE IMPLEMENTATION OF THIS DECISION.

Article 4.THE DIRECTORS OF THE MINISTRY'S OFFICE, DEPARTMENTS, INSPECTORATE, DIRECTORS OF THE FISHERY RESOURCES PROTECTION COUNCIL, DIRECTORS OF THE FISHERY PRODUCT QUALITY AND SANITATION TESTING CENTER, DIRECTORS OF PROVINCE FISHERY SERVICES, AND DIRECTORS OF PROVINCE AGRICULTURE AND RURAL DEVELOPMENT SERVICES WITH FISHERY MANAGEMENT RESPONSIBILITY ARE RESPONSIBLE FOR ENFORCING THIS DECISION.

MINISTRY OF FISHERIES SOCIALIST REPUBLIC OF VIET NAM

       ----------                                                                Independence - Freedom - Happiness

REGULATIONS

STATE INSPECTION AND CERTIFICATION OF THE QUALITY OF FISHERY PRODUCTS

(ISSUED TOGETHER WITH DECISION NO. 650/2000/QĐ-BTS DATED AUGUST 4, 2000 OF THE MINISTER OF FISHERIES)

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PART I

GENERAL PROVISIONS

Article 1. Scope and Applicability

Article 1. These regulations specify the methods, contents, procedures for state inspection and certification of the quality of fishery products, and the powers and responsibilities of the relevant parties in state inspection of the quality of fishery products.

Article 2. These regulations apply to export, import, and domestic consumption fishery products listed in the mandatory state inspection of quality list (hereinafter referred to as Catalog). Fishery products for personal use, exhibition samples, and trade fairs are not subject to these regulations.

Article 3. All organizations and individuals producing and trading in fishery products listed above (hereinafter referred to as Shipper) must register for inspection and be subject to inspection by the state inspection and certification agency of fishery product quality (hereinafter referred to as Inspection Agency) in accordance with these regulations.

Article 4. The inspection of quality of export consignments outside the list, inspection according to specific requirements of importing countries/regions, or inspection at the request of the consignor, is not within the scope of these regulations.

Article 2.Inspection Agency

Clause 1. The Inspection Agencies mentioned in these regulations are units designated uniformly by the Joint Ministry of Science, Technology, Environment, and Fisheries pursuant to Circular No. 02 TT/LB dated May 24, 1996.

Clause 2. The scope of responsibility for state inspection of quality of Inspection Agencies under the Ministry of Fisheries is defined in Circular No. 03 TT/TCCB-LĐ dated August 19, 1996, and subsequent supplementary and amended documents issued by the Ministry of Fisheries.

Article 3. Basis for inspection and state certification of the quality of goods

Clause 1. The basis for inspection and state certification of the quality of fishery products is Vietnam Standards, mandatory fishery industry standards, and other provisions on quality and food safety hygiene issued by the Ministry of Fisheries or the Ministry of Health.

Clause 2. For exported fishery products, the Inspection Agency may inspect and certify quality according to the standards of the importing country or region if the quality criteria specified in those standards meet the requirements stipulated in the documents mentioned in Clause 1 of this Article.

Article 4.Methods of inspection

Clause 1. Exempted inspection: applicable to consignments of fishery products from processing facilities recognized by the Ministry of Fisheries as meeting food safety hygiene standards (Class A and Class B), produced and registered for inspection for export or domestic consumption by the facilities themselves.

Clause 2. Reduced inspection: applicable to consignments from fishery production facilities with stable quality over six months without any consignment being required to be reprocessed, returned, or destroyed by domestic or foreign authorities.

Clause 3. Regular inspection: applicable to consignments from facilities not covered by Clauses 1 and 2 of this Article.

Clause 4. Products from facilities mentioned in Clause 1 will be subject to regular inspection if a consignment is required to be returned or destroyed by a foreign inspection authority; the facility can only resume exempted inspection after implementing all necessary measures to ensure food safety control and obtaining approval from the Inspection Agency.

Article 5.Conditions for goods to be imported, exported, or consumed domestically

Goods listed in the Catalogue that are only permitted to be exported, imported, orconsumed domestically must be accompanied by one of the following documents:

1. Quality Certificate, according to Model 01 TS/KHCN, as stipulated in Appendix 1 of this Regulation.

2. Notification of Exemption from Quality Inspection, according to Model 02 TS/KHCN, as stipulated in Appendix 2 of this Regulation.

Chapter II

RESPONSIBILITIES AND LIMITATIONS

Article 6. Responsibilities of the Shipper

1.Provide conditions for the Inspection Authority to perform its tasks and providecomplete documentation as prescribed in Clause 1 of Article 8 of this Regulation;

2.Pay inspection fees to the Inspection Authority as prescribed in Article 14 ofthis Regulation.

Article 7. Responsibilities of the Inspection Authority

1.Conduct inspections and issue State certification on the quality of aquatic productsgoods in accordance with regulations within the scope assigned; ensure accuracy,impartiality, and objectivity during inspections and certifications;

2.Register with the Ministry of Fisheries, General Department of Customs, andrelevant agencies the list, titles, and signatures of those authorized to issue QualityCertificates or Notifications of Exemption from Quality Inspection;

3.Retain inspection and quality certification records of aquatic products for twoyears and present them when requested by responsible agencies;

4.Store and preserve microbiological and chemical samples in accordance withregulations for at least thirty days from the date of sampling;

5.Receive and promptly resolve complaints from shippers regarding qualityinspections conducted by their own agency;

6.Compensate shippers materially for consequences resulting from errors ininspection and State certification of quality. The level of compensation may beagreed upon from one to a maximum of ten times the inspection fee collected for thelot;

7.Report quarterly and annually on inspection and quality certification work ofaquatic products to the Ministry of Fisheries as prescribed.

Article 8. Powers of the Inspection Authority

1.Require shippers to provide relevant documents related to the origin and qualityof registered lots for inspection;

2.Enter production, storage, preservation, and transportation sites of aquaticharvests to take samples and conduct inspections;

3.Take samples and inspect the quality of lots in accordance with Chapter III ofthis Regulation;

4.Take samples from production lines or products of facilities under suspicionfor the purpose of monitoring food safety hygiene of such facilities;

5.Issue Quality Certificates, Notifications of Exemption from Quality Inspection,or Notifications of Non-Conforming Lots to shippers;

6.Require shippers to implement measures to handle non-conforming qualitylots, monitor the handling process in accordance with regulations. Recommendhigher-level agencies to handle cases exceeding authority;

7.Collect inspection fees as prescribed in Article 14 of this Regulation.

Chapter III

PROCEDURES AND CONTENT OF INSPECTION

Article 9. Registration and Confirmation of Inspection Registration

1.For each lot of aquatic products being exported, imported, or consumeddomestically listed in the Catalogue, the shipper must submit an application formfor quality inspection to the Inspection Authority.

2.The registration application includes:

a. Application for Quality Inspection of Aquatic Products (two copies), according to Model 03 TS/KHCN stipulated in Appendix 3 of thisRegulation;

b.Detailed list of the lot;

c.Any specific requirements of the importing country as stated in Clause 2 ofArticle 3 of this Regulation.

3.Shippers must register with the Inspection Authority to request re-inspection ofthe lot's quality in the following situations:

a.The Quality Certificate of the lot has expired;

b.The lot has been damaged;

c.The goods or packaging have changed compared to the previous inspection;

d.The lot has been recycled, completed, or supplemented according to therequirements of the Inspection Authority.

4.Upon receiving complete applications, the Inspection Authority shall review,guide shippers to supplement missing parts, confirm the inspection registration, andimmediately notify shippers of the time, location, and content of the inspection.

Article 10. Content of Inspection for Exported Aquatic Products

1.For lots subject to routine inspection:

a.Inspect origin and homogeneity of the lot;

b.Inspect external characteristics, packaging specifications, labeling, and transportand storage conditions of the lot.

c.Take samples to inspect other criteria according to specific standards applicableto each type of goods listed in the Catalogue.

2.For lots subject to reduced inspection: The method and degree of reduction ininspection shall be monitored by the Inspection Authority based on the food safetyconditions of the facility making the decision; the reduced inspection shall beconducted by that authority itself.

Article 11. Content of Inspection for Imported Aquatic Products

1.If the imported lot has details differing from those stated in the registration formfor inspection as provided in Article 8, the consignee must supplement the filewith the Inspection Authority.

2.Imported aquatic product lots are exempt from sampling inspection if they havebeen issued a quality certification by the authorized quality inspection agency ofthe exporting country with mutual recognition agreements with Vietnam, or by anoverseas certification organization included in the list approved by the Ministryof Fisheries.

3.For lots exempt from sampling inspection as stipulated in Clause 2 of this Article, theInspection Authority will conduct inspections to verify the conformity of origin,homogeneity, packaging, labeling, and external characteristics of the importedgoods against the file:

a.If conforming, within two days, the lot will be issued Notification of Exemption from Inspection.

b.In case of non-conformity, the lot will be inspected as usual according to thecontents specified in Clause 4 of this Article.

4.For other lots subject to routine inspection, the inspection content will be conductedaccording to Clause 1 of Article 10 of this Regulation.

Article 12. Notification of Inspection Results

1.For lots exempt from inspection as stipulated in Clause 1 of Article 4, not later thantwo days from the date of confirmation of the inspection registration, the InspectionAuthority will issue Notification of Quality Exemption from Inspection to the consignee.

2.For other lots, not later than ten days from the date of confirmation of the inspectionregistration, the Inspection Authority must:

a.Send the test result report to the consignee;

b.Issue Quality Certificate if the lot meets the prescribed standards;

c.Send Non-Conformance Notification if the lot does not meet the prescribed standards, specifying necessary measuresand requiring the consignee to implement them.

3.For lots meeting the standards, the Inspection Authority may issue additionalquality certificates based on different models at the request of the consignee orimport regulations/market import areas, without contradicting the contents recordedin the Quality Certificate issued for the lot.

Article 13. Quality Certificates, Notifications of Exemption from Inspection,Notifications of Non-Conforming Lots

1.Quality Certificates, Notifications of Exemption from Inspection, and Notifications ofNon-Conforming Lots issued by the Inspection Authority must be numbered separatelyeach year and for each type of certificate.

2.The numbering method is uniformly defined as follows: Each number consists of threegroups of letters and numbers (Example: XA 0001/2000).

a.The first group includes letters representing the code of the Inspection Authority,as specified in Appendix 4 of this Regulation;

b.The second group includes four digits, which is the serial number of the certificateissued by that Inspection Authority in the year;

c.The third group includes four digits following the slash, indicating the year ofissuance.

4.Each Quality Certificate, Notification of Quality Exemption from Inspection, andNotification of Non-Conforming Lot is made up of two copies: One copy is handedover to the consignee, and one copy is retained by the Inspection Authority.

5.A Quality Certificate or Notification of Quality Exemption from Inspection issued fora lot is only valid for that lot during transportation and storage, provided that thetransportation and storage conditions do not alter the quality of the inspected goods.

Chapter IV

FEES AND CHARGES FOR INSPECTION AND QUALITY CERTIFICATION

Article 14.Fees and Charges

1.The Inspection Authority is entitled to collect fees and charges for inspection andquality certification for aquatic products, except for analysis fees for samplesrequired for monitoring by the Inspection Authority, as stipulated in Clause 4 ofArticle 8 of this Regulation.

2.The level of fees and charges, management, and utilization thereof shall be carriedout in accordance with the provisions and guidance of the Ministry of Finance.Strictly prohibit the Inspection Authority and its staff from collecting any otherfees and charges contrary to the regulations.

Chapter V

COMPLAINTS, SETTLEMENT OF COMPLAINTS AND HANDLING OF VIOLATIONS

Article 15.COMPLAINTS

1.Within three days after receiving the Test Result Report, the consignee has theright to request the Inspection Authority to retest.

2.The consignee has the right to lodge complaints in accordance with the Law onComplaints and Accusations, as guided by Decree No. 67/1999/NĐ-CP dated August7, 1999 of the Government on inspection activities and issuance of qualitycertificates.

Article 16.Complaint Resolution

1.Within ten days after receiving the complaint from the consignee, the head of theInspection Authority must examine and resolve it in compliance with the Law onComplaints and Accusations and must provide a written response to the consignee.

2.The consignee must bear all re-inspection costs if the results of the retest do notcontradict the initial test results.

3.In case the Inspection Authority's test results are inaccurate, causing damage to theconsignee, the consignee has the right to lodge a complaint demanding compensationat the level specified in Clause 6 of Article 6 of this Regulation.

Article 17.Handling Violations

1.Any violation of the provisions of this Regulation will be punished according to thelaw, depending on the severity of the violation.

2.Administrative violations will be punished according to Decree No. 57/CP dated May31, 1997 of the Government on administrative penalties in the field of measurementand product quality.

3.Serious violations causing severe consequences or repeated dangerous violationswill be criminally prosecuted according to the law.

Chapter VI

FINAL PROVISIONS

Article 18. Amending the Regulation

1.This Regulation replaces the State Inspection and Certification Regulation on theQuality of Aquatic Products issued pursuant to Decision No. 08/2000/QĐ-BTSdated January 7, 2000, by the Minister of Fisheries.

2.Any amendments or supplements to this Regulation shall be examined and decidedin writing by the Minister of Fisheries.