Decree No. 86/2001/ND-CP on conditions for operating aquatic industries.

DECREE OF THE GOVERNMENT

On conditions for operating aquatic industries

THE GOVERNMENT

Pursuant to the Law on the Organization of the Government dated September 30, 1992;

Based on the State Enterprise Law dated April 20, 1995;

Pursuant to the Cooperative Society Law dated March 20, 1996;

Pursuant to the Enterprise Law dated June 12, 1999;

Pursuant to the Ordinance on Protection and Development of Aquatic Resources dated April 25, 1989;

At the proposal of the Minister of Fisheries;

DECREE:

PART I

GENERAL PROVISIONS

Article 1Scope of application.

This Decree stipulates the conditions for operating certain aquatic industries including:

Marine fishing (in Vietnam's maritime zones);

Aquatic breeding production;

Aquatic farming;

Aquatic processing (for food);

d) Production of feed for aquaculture;

e) Production of veterinary drugs for aquaculture (drugs, chemicals, biological preparations serving aquaculture).

Article 2. Scope of Application.

1. Organizations and individuals of Vietnam and foreign organizations and individuals operating the aquatic industries specified in Article 1 of this Decree 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. Households and individuals engaged in small-scale aquaculture whose business premises are not located within planned areas; households and individuals engaged in small-scale aquatic processing using traditional methods (as defined by the Ministry of Fisheries) are not subject to the regulations of this Decree.

Chapter II

CONDITIONS FOR MARINE FISHING

Article 3Conditions for marine fishing.

Organizations and individuals engaging in marine fishing must have a Fishing Permit, except for the fishing activities specified in Appendix 1 attached to this Decree.

Article 4. The Fishing Permit (hereinafter referred to as the Permit).

1. One organization or individual may apply for a Permit for multiple fishing vessels, but each Permit shall only bear the name of one vessel and shall be valid for that vessel only.

2. The validity period of the Permit shall not exceed 86 months.

3. The Ministry of Fisheries shall prescribe a standard form for the Permit to be uniformly used.

Article 5. Conditions for issuing the Permit

1. Having a Certificate of Registration for Fishing Vessels.

2. Possessing a Logbook certifying the operational capability of fishing vessels.

3. Having fishing gear in compliance with the regulations of the Ministry of Fisheries on protection and development of fishery resources.

4. Possessing a Crew List and a Crew Member Booklet for crew members working on the vessel as prescribed by the Ministry of Fisheries.

5. For the master and chief engineer of vessels that require a Master’s License and Chief Engineer’s License according to the regulations of the Ministry of Fisheries.

Article 6. Procedures and sequence for issuing the Permit

1. Application dossier for the Permit includes:

a) Application for issuance of the Permit;

b) Relevant documents as stipulated at Points 1, 2, 4, and 5 of Article 5 of this Decree (certified true copies).

2. The authority issuing the Permit shall be responsible for:

a) Receive and review applications;

b) Within fifteen days from the date of receipt of complete and valid documents, issue the Permit or respond in writing stating the reasons for refusing to issue the Permit.

3. Organizations and individuals applying for the Permit must pay fees as prescribed by law.

4. Enterprises established and operating under the Law on Foreign Investment in Vietnam shall follow the procedures for obtaining the Permit as stipulated in Decree No. 49/1998/NĐ-CP dated July 13, 1998 of the Government.

Article 7. Authority issuing the Permit.

1. The Department of Resource Protection under the Ministry of Fisheries issues the Permit to organizations and individuals:

a) Units directly under the Ministry of Fisheries.

b) Units directly under other central ministries and sectors;

c) Armed forces engaged in economic activities.

2. Provincial and centrally-administered city Fishery Resource Protection Agencies issue the Permit to organizations and individuals whose vessels are not mentioned in Clause 1 of this Article.

Article 8Other provisions regarding the Permit.

1. The Permit shall be revoked in the following cases:

a) When the vessel is scrapped, lost, does not meet safety requirements and is suspended from operation, or has changed ownership;

b) The Permit is altered, tampered with, or falsified;

c) Crew members violate regulations on fishery resource protection and have been administratively sanctioned three times consecutively during the validity period of the Permit.

2. The Permit shall not be issued in the following cases:

a) Applying to fish species prohibited from being fished, fishing in prohibited areas or periods, or using prohibited fishing methods;

b) The stock of fish species being fished has reached maximum exploitation levels or is declining.

Chapter III

AQUATIC INDUSTRIES WITH OPERATING CONDITIONS

Article 9. Conditions for producing aquatic animal breeding stock.

Organizations and individuals producing aquatic animal breeding stock must meet the following conditions:

1. The location for constructing breeding stock production facilities must comply with the planning of the fisheries sector or local authorities.

2. Ponds, tanks, equipment, water supply and drainage systems, and wastewater treatment systems of the facility must meet veterinary hygiene standards and environmental protection requirements as prescribed by law.

3. There must be at least one staff member or technical worker holding a certificate trained in breeding stock production techniques issued by authorized fisheries agencies.

4. Breeding stock leaving the factory must meet published quality standards; the facility must conduct self-inspection and bear responsibility for quality; quarantine procedures must be carried out at the production facility and labeling regulations must be followed as prescribed by law.

Article 10 Conditions for commercial aquaculture.

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

1. The location for constructing aquaculture facilities must comply with the planning of the fisheries sector or local authorities.

2. Ponds, tanks, water supply and drainage systems, and wastewater treatment systems must meet veterinary hygiene standards and environmental protection requirements as prescribed by law.

3. Aquatic feed and veterinary drugs must be used according to the regulations of the Ministry of Fisheries.

4. Commercial aquaculture conducted through semi-intensive, intensive, or industrial methods must comply with the Ministry of Fisheries' regulations on inspection and recognition of fishery business establishments meeting food safety standards.

Article 11. Conditions for processing aquatic products.

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

1. The location for constructing processing facilities must comply with the planning of the fisheries sector or local authorities.

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

3. Industrial aquatic product processing facilities must have at least one staff member or technician with a bachelor's degree in relevant fields such as food technology, aquatic product processing, biology, or biochemistry.

4. Quality management systems must be implemented, and the regulations of the Ministry of Fisheries regarding inspection and recognition of fishery business establishments meeting food safety standards must be followed.

5. Products leaving the factory must meet published quality standards; self-inspection and responsibility for product quality must be undertaken; labeling regulations must be followed as prescribed by law.

6. Only additives and chemicals listed as permitted for use in preserving and processing aquatic products may be used.

Article 12Conditions for producing aquatic animal feed.

Organizations and individuals producing aquatic animal feed must meet the following conditions:

1. Factories, warehouses, equipment, and waste treatment systems must meet aquatic veterinary hygiene standards and environmental protection requirements as prescribed by law.

2. There must be at least one technical staff member meeting the production technology and product quality testing requirements (for industrial production facilities, technical staff must hold a bachelor's degree or higher).

3. Products leaving the factory must meet published quality standards; self-inspection and responsibility for product quality must be undertaken; labeling regulations must be followed as prescribed by law.

Article 13Conditions for producing veterinary drugs for aquatic animals.

Organizations and individuals producing veterinary drugs for aquatic animals must meet the following conditions:

1. Factories, warehouses, equipment, and waste treatment systems must meet environmental protection and veterinary hygiene standards.

2. There must be at least one manager or specialist technician with a bachelor's degree or higher in relevant fields such as veterinary science, biology, biochemistry, pharmacy, or aquatic animal husbandry.

3. Products leaving the factory must meet published quality standards; self-inspection and responsibility for product quality must be undertaken; labeling regulations must be followed as prescribed by law.

Chapter IV

INSPECTION, AUDIT, COMPLAINTS, REPORTING, AND REWARDS

AGAINST VIOLATIONS

Article 14Inspection and audit of fishery business activities.

1. The Ministry of Fisheries is responsible for organizing inspections and audits of fishery business activities and handling violations within its authority.

2. The content of inspections and audits includes compliance with legal provisions on business conditions in the fishery sector and implementation of commitments made to competent state management agencies when registering businesses.

3. Conducting inspections and audits of fishery business conditions must comply with legal provisions.

Article 15Complaints and reporting.

Organizations and individuals have the right to file complaints or report against state agencies or individuals who violate the rights of enterprises according to the law on complaints and reports.

Article 16. Rewards and disciplinary actions.

1. Organizations and individuals who achieve outstanding results in implementing this Decree will be rewarded according to the law. Any violation of the provisions of this Decree will 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.

2. Anyone who abuses their position or power to act contrary to the provisions of this Decree and other 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 17. EFFECTIVE DATE

1. This Decree shall take effect fifteen days from the date of signature.

2. Organizations and individuals currently engaged in fishery business activities before the effective date of this Decree may continue operations but must ensure compliance with business conditions stipulated in this Decree by January 1, 2003.

Article 18. Responsibilities 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./.

ANNEX 1

LIST OF FISHERY OCCUPATIONS THAT DO NOT REQUIRE LICENSES

1. Marine fishing occupations:

a) Hand scallop harvesting;

b) Hand harvesting of clams, oysters, mussels, etc., on beaches;

c) Fishing for catfish using rods, traps, or nets in river mudflats;

d) Catching freshwater clams using weirs, etc.;

đ) Types of fisheries occupations along the coast (not included in the list of prohibited fishing occupations) that do not use vessels such as ships, boats, rafts, canoes, or that use these types of vessels but with a registered tonnage under 0.5 tons./.