Circular No. 03/2002/TT-BTS dated December 31, guiding the implementation of the Government's Decree No. 73/2002/ND-CP dated August 20, 2002 supplementing goods and commercial services to list 1 of goods banned from circulation, commercial services banned from provision, and list 3 of goods and commercial services subject to conditional business, issued together with the Government's Decree No. 11/1999/ND-CP dated March 3, 1999

CIRCULAR

GUIDING THE IMPLEMENTATION OF THE GOVERNMENT S DECREE No. 73/2002/ND-CP OF AUGUST 20, 2002 SUPPLEMENTING GOODS AND COMMERCIAL SERVICES TO LIST 1 OF GOODS BANNED FROM CIRCULATION, COMMERCIAL SERVICES BANNED FROM PROVISION, AND LIST 3 OF GOODS AND COMMERCIAL SERVICES SUBJECT TO CONDITIONAL BUSINESS, ISSUED TOGETHER WITH THE GOVERNMENT S DECREE No. 11/1999/ND-CP OF MARCH 3, 1999

In furtherance of Article 3 of the Government s Decree No. 73/2002/ND-CP supplementing goods and commercial services to List 1 of goods banned from circulation, commercial services banned from provision, and List 3 of goods and commercial services subject to conditional business, the Ministry of Aquatic Resources hereby guides the implementation of the provisions in Article 1 of the Decree as follows:

I. INTERPRETATION OF TERMS

In Decree No. 73/2002/ND-CP of August 20, 2002, the following words and phrases are construed as follows:

1. Goodsinclude chemicals, additives, bio-preparations, environment-treating substances, and disinfectants for use in the aquatic breed production, aquaculture, preservation and processing of aquatic products and aquatic services; aquatic veterinary drugs, aquatic feed, aquatic breeds, fresh and processed aquatic products, fishing gear and aquatic resource-exploiting equipment, which are traded in the form of sale and purchase;

2. Goods dealingprescribed in this Decree shall only refer to activities of purchasing and selling goods (except for case of purchase for consumption);

3. Commercial servicesinclude services associated with the goods purchase and sale;

4. Aquatic product-collecting servicesmean commercial services associated with the purchase and sale of aquatic products, whereby the service establishments use special-use means or fishing vessels to purchase aquatic products, or services of transporting aquatic products produced by organizations and individuals in different places in the mainland or on the sea;

5. Aquatic feedis a commonly used short appellation, the full appellation is feed used for aquatic animals.

II. REGARDING GOODS BANNED FROM CIRCULATION, COMMERCIAL SERVICES BANNED FROM PROVISION (Clause 1, Article 1)

1. To ban from circulation and the provision of commercial services involving a number of chemicals, antibiotics, and bio-preparations on the list of chemicals, antibiotics banned from production, circulation or use in aquatic product production and trading (including assorted feeds, veterinary drugs, environment-treating substances or disinfectants containing these chemicals and/or antibiotics for use in aquatic breed production, aquaculture, preservation and processing of aquatic products), issued together with Decision No. 01/2002/QD-BTS of January 22, 2002 of the Minister of Aquatic Resources.

2. Any amendment and/or supplement to the particular lists of chemicals, antibiotics, additives, bio-preparations, environment-treating substances and disinfectants, which are banned from production, circulation or use in aquatic-product production and trading in Vietnam, shall be decided by the Minister of Aquatic Resources.

III. REGARDING GOODS AND COMMERCIAL SERVICES SUBJECT TO CONDITIONAL BUSINESS

A. GOODS AND SERVICES REQUIRING CERTIFICATES OF SATISFACTION OF BUSINESS CONDITIONS (Section I, List 3 in Clause 2, Article 1)

1. Trading in aquatic veterinary drugs

Organizations and individuals trading in aquatic veterinary drugs must have the certificates of satisfaction of trading conditions, granted by competent bodies.

The conditions for being granted the certificates of satisfaction of aquatic veterinary drug trading conditions:

a/ Having the aquatic veterinary drug trading registration certificates granted by competent bodies;

b/ Regarding technical and material bases:

- Having shops with clear signboards and addresses;

- Having preservation storehouses or cabinets and sale places meeting the requirements on maintaining airy and dry conditions to ensure the quality of aquatic veterinary drugs;

c/ Having at least one manager or technician working on a full-time basis, who has the aquatic veterinary drug trading practicing certificate granted by a competent body;.

The conditions and procedures for granting aquatic veterinary drug trading practicing certificates shall comply with Circular No. 01/2002/TT-BTS of September 5, 2002 of the Ministry of Aquatic Resources.

d/ Employees directly engaged in the business must not suffer from contagious diseases as prescribed by the Ministry of Health (having health-check certificates issued by competent medical agencies); and must have health checks once every 12 months.

e/ The trading establishments must meet the environment protection and veterinary hygiene requirements:

- Their trading locations must be at least 100 meters far from garbage-dumping grounds and production places fraught of dust and hazardous substances;

- There must be tightly-closed containers or baskets for holding rubbish, wastes and contracts signed with the local environmental sanitation agencies on the regular collection and transportation of wastes.

2. Trading in aquatic feed

Organizations and individuals trading in aquatic feed must have the certificates of satisfaction of trading conditions, granted by competent bodies, except for cases where they have been granted the certificates of satisfaction of aquatic veterinary drug trading conditions.

The conditions for being granted the certificates of satisfaction of aquatic feed-trading conditions:

a/ Having the certificates of satisfaction of aquatic feed-trading conditions, granted by competent bodies;

b/ Regarding technical and material bases:

- Having shops with clear signboards and addresses;

- Having preservation storehouses or cabinets and sale places meeting the requirements on maintaining airy and dry conditions to ensure the quality of aquatic feed.

The preservation storehouses and cabinets and the sale places of aquatic feed and aquatic veterinary drugs must be separated (for establishments trading in both of these goods).

c/ Having at least one manager or salesperson who has a certificate of training in aquatic feed. The aquaculture research institutes and centers and the schools engaged in aquaculture training shall be competent to grant the above-said certificates.

The managers or salespeople of the establishments, who have aquaculture diplomas of the intermediate or higher level need not to have certificates of training in aquatic feed.

d/ The trading establishments must satisfy the environmental sanitation and veterinary hygiene requirements:

- Their trading locations must be at least 100 meters far from garbage-dumping grounds and production places fraught of dust and hazardous substances;

- There must be tightly-closed containers or baskets for holding rubbish, wastes and contracts signed with the local environmental sanitation agencies on the regular collection and transportation of rubbish and wastes.

3. Competence, procedures and order of granting the certificates of satisfaction of aquatic veterinary drug or aquatic feed trading conditions

a/ The agencies granting the certificates of satisfaction of trading conditions shall be the provincial/municipal Aquatic Resource Services and the provincial/municipal Agriculture and Rural Development Services managing aquatic resources, or units authorized by these Services.

b/ A dossier of application for a certificate of satisfaction of trading conditions consists of:

- The application for the certificate of satisfaction of trading conditions, made according to forms No. 1 and No. 4, attached to this Circular (not printed herein);

- Documents proving the satisfaction of the trading conditions stated in Clauses 1 and 2, Section A, Part III of this Circular, including the business registration certificate, the practicing certificate (for aquatic veterinary drug trading establishments), the certificate of training in aquatic feed or the professional diploma (for aquatic feed trading establishments), and the health check certificate (for aquatic veterinary drug trading establishments).

c/ Responsibilities of the certificate-granting agencies:

- To guide the trading establishments in preparing full dossiers;

- To receive complete dossiers, write dossier-receipt slips and hand them to the trading establishments.

- To inspect the trading conditions (make inspection reports according to forms No. 2 and No. 5, attached to this Circular (not printed herein);

- To grant the certificates of satisfaction of trading conditions (according to forms No. 3 and No. 6 attached to this Circular (not printed herein) or reply in writing, clearly stating the reasons for not granting the certificates within 15 days after receiving complete dossiers.

d/ Organizations and individuals granted the certificates of satisfaction of trading conditions must pay a fee prescribed by the Ministry of Finance.

B. GOODS AND SERVICES REQUIRING NO CERTIFICATES OF SATISFACTION OF
TRADING CONDITIONS (Section II, List 3 in Clause 2, Article 1)

1. Trading in aquatic breeds

Organizations and individuals may trade in aquatic breeds if they fully meet the following conditions:

a/ Having the aquatic breed trading registration certificates granted by competent bodies.

b/ Regarding material and technical bases:

- Having trading places with clear signboards and addresses;

- Breed-keeping ponds or tanks; transportation equipment and tools; the water supply and drainage system of the trading establishments must meet all technical requirements for the types of breeds they trade in.

c/ Having at least one manager or technician who has a certificate of training in breed-storing and -transporting techniques. The aquaculture research institutes and centers and schools engaged in aquaculture training shall be competent to grant the above-said certificates.

The managers or technicians of the establishments, who have had aquaculture diplomas of the intermediate or higher level need not to have the certificates of training in aquatic breed-storing and -transporting techniques.

d/ The trading establishments must satisfy the environmental protection and veterinary hygiene as well as fire prevention and fighting requirements.

- Their trading places must be at least 100 meters far from garbage-dumping grounds and production places fraught of hazardous wastes;

- The water source and quality must be up to the standards issued by the Ministry of Aquatic Resources; the system of water drainage and waste water treatment must ensure that hazardous matters discharged into the environment do not exceed the permitted limits prescribed in Vietnam Standard TCVN 5945-1995 on industrial waste water - Waste standards, and in Table 1 of Circular No. 04/TS-TT of August 30, 1990 of the Ministry of Aquatic Resources.

- Having fire prevention and fighting equipment and devices as prescribed by law.

2. Trading in fishing gear and aquatic resource-exploiting equipment

Organizations and individuals may trade in fishing gear (including materials and raw materials constituting fishing gear) and aquatic resource-exploiting equipment if they fully meet the following conditions:

a/ Having the fishing gear and aquatic resource-exploiting equipment trading registration certificates granted by competent bodies;

b/ Having shops with clear signboards and addresses;

c/ Meeting the fire prevention and fighting requirements as prescribed by law.

3. Trading in fresh and processed aquatic products

Organizations and individuals may trade in fresh and processed aquatic products if they meet all the following conditions (except for cases of market or itinerant retail);

a/ Having the fresh aquatic and processed product-trading registration certificates granted by competent bodies.

b/ Regarding technical and material bases:

- Having shops with clear signboards and addresses;

- Their sale places, storehouses; special-use means for purchasing, preserving and transporting aquatic products must satisfy the food hygiene and safety conditions according to branch standard 28 TCN 164:2000.

c/ Employees directly engaged in the trading must not suffer from contagious diseases as prescribed by the Ministry of Health (having health-check certificates issued by competent medical agencies); and must have health checks one every 12 months.

d/ The trading establishments must meet the environmental protection and veterinary hygiene requirements:

- Having the clean water supply system and the system of water drainage and waste water treatment to ensure that hazardous matters discharged into the environment do not exceed the permitted limits prescribed in Vietnam Standard TCVN 5945-1995 on industrial waste water - Waste standards, and in Table 1 of Circular No. 04/TS-TT of August 30, 1990 of the Ministry of Aquatic Resources.

- Having tightly-closed containers and baskets for containing rubbish and wastes;

- Having fire prevention and fighting equipment as prescribed by law.

4. Provision of aquatic veterinary services

Organizations and individuals may provide aquatic veterinary services if they fully meet the following conditions:

a/ Having the business registration certificates, granted by competent bodies.

b/ Regarding technical and material bases:

- Having shops with clear signboards and addresses;

- Having equipment and tools for analyzing the water environment and diagnosing and treating diseases, meeting the requirements on the practice of providing aquatic veterinary services (which may be rented from other establishments but, in this case, there must be effective contracts to this effect).

c/ Having at least one manager or one technician working on a full-time basis, who has been granted the aquatic veterinary service provision practicing certificate.

The conditions and procedures for granting the aquatic veterinary service provision practicing certificates shall comply with Circular No. 01/2002/TT-BTS of September 5, 2002 of the Ministry of Aquatic Resources.

d/ Employees directly engaged in the service provision must not suffer from contagious diseases (having health-check certificates issued by competent medical agencies).

e/ The service-providing establishments must satisfy the veterinary hygiene requirements.

- Their business locations must be at least 100 meters far from garbage-dumping grounds and production places fraught of hazardous wastes;

- Having a clean-water supply system.

5. Provision of services of preserving and transporting aquatic breeds and aquatic feed

Organizations and individuals may provide services of preserving and/or transporting aquatic breeds and/or aquatic feed if they fully satisfy the following conditions:

a/ Having the certificates of registration of the provision of the above-said services, granted by competent bodies.

b/ Regarding technical and material bases:

- Having shops with clear signboards and addresses;

- Their special-use preservation and transportation means, equipment and devices must meet the requirements on the quality of goods serviced.

c/ The aquatic breed-preserving and/or -transporting establishments must satisfy the veterinary hygiene requirements according to branch standards 28 TCN 95-1994 and 28 TCN 164:2000, and the fire preventing and fighting requirements as prescribed by law .

6. Provision of services of collecting, preserving and transporting aquatic products

Organizations and individuals may provide services of collecting, preserving and/or transporting aquatic products if they fully meet the following conditions (except for cases of small business scales requiring no business registration, which is certified by the business registration agencies):

a/ Having the certificates of registration of the provision of the above-said services, granted by competent bodies.

b/ Regarding technical and material bases:

- Having shops with clear signboards and addresses;

- Their business locations, workshops, storehouses; special-use means for collecting, preserving and transporting aquatic products must satisfy the food hygiene and safety conditions according to branch standard 28 TCN 164:2000 (for preserving establishments, special-use means for transporting aquatic products) and branch standard 28 TCN 135:1999 (for ships collecting, preserving and transporting aquatic products).

c/ Employees directly engaged in the service provision must not suffer from contagious diseases as prescribed by the Ministry of Health (having health-check certificates issued by competent medical agencies); and must have health checks once every 12 months.

e/ The establishments providing aquatic product-preserving services must meet the environmental protection, veterinary hygiene as well as fire preventing and fighting requirements:

- Having a clean water supply system;

- Having the system of water drainage and treatment to ensure that hazardous matters discharged into the environment do not exceed the permitted limits as prescribed in Vietnam Standard TCVN 5945-1995 on industrial waste water - Waste standards, and in Table 1 of Circular No. 04/TS-TT of August 30, 1990 of the Ministry of Aquatic Resources.

- Having tightly-closed containers and baskets for holding rubbish and wastes;

- Having fire prevention and fighting equipment as prescribed by law.

7. Time permitted for conducting activities of trading in goods and providing commercial services requiring no certificates of satisfaction of business conditions:

For goods and commercial services mentioned from Clause 1 to Clause 6, Section B, Part III of this Circular, organizations and individuals may proceed with business activities after making business registration and satisfying all the prescribed conditions.

IV. INSPECTION, SUPERVISION AND HANDLING OF VIOLATIONS

1. Inspection and supervision

The responsibility to inspect and supervise activities of trading in aquatic goods and providing aquatic services:

a/ The Aquatic Resource Protection Department shall have to:

- Organize the uniform nationwide direction of the specialized inspection and supervision of business domains and services falling under the scope of regulation of this Decree;

- Provide professional guidance for the local Aquatic Resource Protection Sub-Departments and local agencies having the supervisory functions, which are authorized by the provincial/municipal Aquatic Resource Services or provincial/municipal Agriculture and Rural Development Services managing aquatic resources;

- Directly or jointly with the Ministry s Inspectorate, concerned agencies inside and outside the branch inspect and supervise aquatic business and service provision activities mentioned in this Decree when necessary; supervise the Aquatic Resource Protection Sub-Departments in their performance of inspecting and supervising tasks.

b/ The Aquatic Resource Protection Sub-Departments or local agencies having the supervisory functions, which are authorized by the provincial/municipal Aquatic Resource Services or provincial/municipal Agriculture and Rural Development Services managing aquatic resources, shall have to:

- Directly or jointly with the local concerned agencies, inspect and supervise aquatic business and aquatic service provision activities mentioned in this Circular, which are conducted by local organizations and individuals and units of the ministries and central branches as well as armed force units engaged in economic activities, which are based in the localities under their respective management;

- Bi-annually report to the Aquatic Resource Protection Department on the performance of the inspecting and supervising tasks.

2. Handling of violations

Organizations and individuals that violate the provisions of this Circular shall be administratively sanctioned under the Government s Decree on sanctioning administrative violations in the aquatic domain and other law provisions.

V. ORGANIZATION OF IMPLEMENTATION

1. This Circular takes effect 15 days after its signing.

2. Organizations and individuals currently trading in aquatic goods and providing aquatic services must ensure the business conditions prescribed by the Decree and this Circular.

3. The departments, institutes and centers under the Ministry of Aquatic Resources, the provincial/municipal Aquatic Resource Services, and the provincial/municipal Agriculture and Rural Development Services managing aquatic resources shall, according to their respective functions, tasks and powers, guide, urge and supervise the implementation of this Circular; any problems arising in the course of implementation should be promptly reported to the Ministry of Aquatic Resources for study, supplement and amendment.