Circular No. 25/2018/TT-BNNPTNT dated November 15, 2018 of the Ministry of Agriculture and Rural Development on procedures for risk assessment of and license for import of live aquatic animals and plants

CIRCULAR

Prescribing the order and procedures for risk assessment and import licensing of live aquatic animals^[1]

Pursuant to the Government’s Decree No. 15/2017/ND-CP of February 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the 2017 Law on Fisheries;

At the proposal of the Director General of the Directorate of Fisheries;

The Minister of Agriculture and Rural Development promulgates the Circular prescribing the order and procedures for risk assessment and import licensing of live aquatic animals.

CHAPTER I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Circular guides the provisions of Clauses 4 and 6, Article 98 of the Law on Fisheries regarding the order and procedures for risk assessment and import licensing of live aquatic animals which are not on the list of aquatic species permitted for trade in Vietnam for use as food or ornamental aquatic animals or for entertainment, display at trade fairs or exhibitions, or scientific research.

Article 2.Subjects of application

This Circular applies to organizations and individuals involved in the management, import, transport, raising, processing and use of imported live aquatic animals which are not on the list of aquatic species permitted for trade in Vietnam for use as food or ornamental aquatic animals or for the purpose of entertainment, display at trade fairs or exhibitions, or scientific research in Vietnam.

Article 3.Interpretation of terms

In the Circular, the terms below are construed as follows:

1.Live aquatic animalmeans an aquatic animal species or seaweed which can grow and develop.

2.Risk assessment of live aquatic animalsmeans the identification of possible risks to and adverse impacts on biodiversity, and the possibility of transmission of epidemics to indigenous aquatic animals and humans.

Article 4.Cases of import licensing of live aquatic animals which are not on the list of aquatic species permitted for trade in Vietnam

1. Import licensing of live aquatic animals subject to risk assessment: live aquatic animals imported for the first time for use as food or ornamental aquatic animals or for entertainment purpose.

2. Import licensing of live aquatic animals not subject to risk assessment:

a/ Live aquatic animals imported for use as food or ornamental aquatic animals or for entertainment purpose for which risk assessment has been conducted;

b/ Live aquatic animals imported for scientific research;

c/ Live aquatic animals imported for display at trade fairs or exhibitions.

Chapter II

ORDER AND PROCEDURES FOR IMPORT LICENSING OF LIVE AQUATIC ANIMALS

Article 5.Order and procedures for import licensing of live aquatic animals subject to risk assessment

1. A dossier of application for an import license must comprise:

a/ An application for an import license, made according to Form No. 01 in the Appendix to this Circular;

b/ An original of the written explanation of the biological properties of imported aquatic animals, made according to Form No. 02 in the Appendix to this Circular;

c/ An original of the plan on control of imported live aquatic animals, made according to Form No. 03 in the Appendix to this Circular.

2. Order of licensing:

a/ An applicant shall submit directly or send by post or via the national single-window mechanism or online public service (if any) 1 set of dossier to the Directorate of Fisheries;

b/ Within 2 working days after receiving the dossier, the Directorate of Fisheries shall consider the completeness of the dossier; in case the dossier is incomplete, the Directorate of Fisheries shall notify such in writing to the applicant;

c/ Within 3 working days after receiving a complete dossier, the Directorate of Fisheries shall appraise it; in case the dossier is invalid, the Directorate of Fisheries shall notify such in writing to the applicant, clearly stating the reason;

d/ Within 30 days after receiving a complete and valid dossier, the Directorate of Fisheries shall conduct the risk assessment under Chapter III of this Circular, grant an import license for live aquatic animals enclosed with the approved plan on control of imported live aquatic animals, made according to Form No. 06 in the Appendix to this Circular. In case of refusal to grant an import license, the Directorate of Fisheries shall reply in writing, clearly stating the reason;

dd/ The Directorate of Fisheries shall grant import licenses for live aquatic animals right at the places of dossier receipt, by post or via online public service or national single-window mechanism.

Article 6.Order and procedures for grant of import licenses for live aquatic animals not subject to risk assessment

1. A dossier of application for an import license of live aquatic animals for use as food or ornamental aquatic animals or for entertainment purpose must comprise:

a/ An application for licensing license, made according to Form No. 01 in the Appendix to this Circular;

b/ An original of the plan on control of imported live aquatic animals, made according to Form No. 03 in the Appendix to this Circular;

c/ An original of the report on results of import and raising of live aquatic animals, made according to Form No. 04 in the Appendix to this Circular, and a copy of the inspection record of the state management agency in charge of fisheries, made according to Form No. 07 in the Appendix to this Circular (applicable to applicants that import live aquatic animals for the second time onward).

2. A dossier of application for an import license of live aquatic animals for scientific research must comprise:

a/ The documents specified at Points a and b, Clause 1 of this Article;

b/ An original of the scientific research outline approved by the agency with scientific research function or related state management agency.

3. A dossier of application for an import license of live aquatic animals for display at a trade fair or exhibition must comprise:

a/ The documents specified at Points a and b, Clause 1 of this Article;

b/ An original or a certified copy of the document proving the applicant’s participation in the trade fair or exhibition and a plan on disposal of live aquatic animals after the trade fair or exhibition is closed, made according to Form No. 05 in the Appendix to this Circular.

4. Order of import licensing:

a/ The order of import licensing must comply with Points a, b and dd, Clause 2, Article 5 of this Circular;

b/ Within 7 working days after receiving a complete dossier, the Directorate of Fisheries shall grant an import license for live aquatic animals enclosed with the approved plan on control of live aquatic animals (for the cases prescribed at Points a and b, Clause 2 Article 4 of this Circular), or the approved plan on disposal of live aquatic animals after the trade fair or exhibition is closed (for the case prescribed at Point c, Clause 2, Article 4 of this Circular), made according Form No. 06 in the Appendix to this Circular.

Article 7.Validity period of import licenses for live aquatic animals

1. The validity period of a license for import of live aquatic animals for use as food or ornamental aquatic animals or for entertainment or scientific research shall be determined based on the importer’s request or the result of risk assessment, which must not exceed 12 months from the date of grant of the license.

2. The validity period of a license for import of live aquatic animals for display at a trade fair or an exhibition shall be determined based on the importer’s request, and the plan on organization of the trade fair or exhibition, which must not be beyond the closing date of such trade fair or exhibition.

Chapter III

CONTENTS AND METHODS FOR RISK ASSESSMENT OF IMPORTED LIVE AQUATIC ANIMALS

Article 8.Contents of risk assessment of imported live aquatic animals

1. Compliance with regulations on food safety for live aquatic animals imported for use as food.

2. Capability of survival, growth and development in Vietnam’s environmental conditions and food competition ability of imported live aquatic animals against indigenous species.

3. Possibility of becoming invasive species or being likely to become invasive species, the capability of reproducing populations in Vietnam’s environmental conditions.

4. Possibility of interspecies mating between imported live aquatic animals and indigenous species in the natural conditions.

5. Risks of creation and spreading of germs to indigenous species and humans.

Article 9.Methods of risk assessment of imported live aquatic animals

1. Hazard identification and classification.

2. Identification of risk level and possible consequences of the import of live aquatic animals.

3. Risk assessment shall be based on Vietnam’s relevant regulations, scientific works related to imported live aquatic animals which are published on Vietnam’s or foreign prestigious science magazines (international standard numbers have been issued for serial publications or for official books or materials of the Food and Agriculture Organization of the United Nations, or documents of equivalent validity); and dossiers provided by the applicants for risk assessment.

Article 10.Formation of the risk assessment council for imported live aquatic animals

1. Formation of the council:

a/ The council shall be formed by the Directorate of Fisheries and composed of between 7 and 11 members, including the president, vice president, 2 critical members, other members, and a secretary. When necessary, the Directorate of Fisheries may invite importers’ representatives and related persons to the council’s meeting for the latter to provide additional information;

b/ Requirements on the council’s members: The council’s members must be prestigious scientists with appropriate professional qualifications and concurrently managers with relevant practical experience.

c/ A risk assessment meeting shall be attended by at least two-thirds of the council’s members. In case the council’s president is absent, the vice president shall chair the meeting.

2. The council’s responsibilities:

a/ The council shall conduct risk assessment under Articles 8 and 9 of this Circular to help the Director General of the Directorate of Fisheries decide whether to grant or not to grant import licenses for live aquatic animals;

b/ The council’s members shall conduct risk assessment based on Form No. 08 in the Appendix to this Circular, and take responsibility before law for the scientificity and accuracy of their independent comments and assessment as well as for confidentiality of information under regulations;

c/ The minutes of the council’s meeting shall be made according to Form No. 09 in the Appendix to this Circular.

3. Funds for the council’s operation shall be paid by applicants for risk assessment at levels approved at meetings of ministerial-level science and technology councils.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 11.Responsibilities of the Directorate of Fisheries

1. To assume the prime responsibility for risk assessment and import licensing of live aquatic animals; and report thereon to the Ministry of Agriculture and Rural Development upon request.

2. To publicly post on its websites the list of live aquatic animals for which risk assessment has been conducted, including their Vietnamese names, scientific names and English names (if any).

3. To assume the prime responsibility for, and coordinate with related parties in, guiding handling measures if having proofs that imported live aquatic animals are invasive species or likely to be invasive species, or when epidemics occur in countries of origin or countries of exportation.

4. To assume the prime responsibility for formulating, and submit to the Ministry of Agriculture and Rural Development the plan on inspection of the system of management, production and trade of live aquatic animals in exporting countries upon detecting risks of causing adverse impacts on food safety, biosafety and eco-environment of Vietnam.

5. To assume the prime responsibility for inspecting the performance of responsibilities by state management agencies in charge of fisheries in localities; to conduct unscheduled inspection of places where live aquatic animals of importers are raised upon detecting signs of violation.

Article 12.Responsibilities of provincial-level state management agencies in charge of fisheries and quarantine agencies of live aquatic animals

1. Provincial-level state management agencies in charge of fisheries shall:

a/ Formulate plans on annual inspection of imported live aquatic animals in their localities, and submit them to competent authorities for approval before implementation;

b/ Conduct inspection and supervision of facilities importing live aquatic animals only once during the validity period of the import licenses, based on the plans on control of live aquatic animals, or conduct unscheduled inspection of facilities importing live aquatic animals upon detecting signs of violation; and report to the Directorate of Fisheries the inspection results on a quarterly basis or upon seeing live aquatic animals in the natural environment or aquaculture environment;

c/ Keep proofs that imported live aquatic animals have been disposed of after they are displayed at trade fairs or exhibitions; and organize the observation of the disposal of live aquatic animals in case importers do not re-export the animals.

2. Agencies performing the quarantine of imported live aquatic animals shall send a written notice to provincial-level state management agencies in charge of fisheries right after obtaining quarantine results for coordinated management.

Article 13.Responsibilities of organizations and individuals importing, transporting, raising, processing and using imported live aquatic animals

1. To refrain from dispersing or releasing imported live aquatic animals, or letting them reproduce or escape to the natural environment. In case imported live aquatic animals escape to the natural environment, to promptly take handling measures under regulations; and at the same time, within 24 hours after detecting the escape, to report it to the nearest state management agencies in charge of fisheries.

2. To strictly abide by risk control measures prescribed in the approved plans on control of live aquatic animals or the plans on disposal of imported live aquatic animals after they are displayed at trade fairs or exhibitions. To comply with competent agencies’ requests if there are proofs that live aquatic animals are invasive species or likely to become invasive, or when epidemics occur in the countries of origin or countries of exportation.

3. After completion of the display of live aquatic animals at a trade fair or an exhibition, to notify the provincial-level state management agency in charge of fisheries of the place where such fair or exhibition is organized for observation of the disposal of live aquatic animals according to the approved disposal plan. In case of re-export, within 5 working days from the date of re-export, an organization or individual shall send a copy of the document proving the re-export to the provincial-level state management agency in charge of fisheries.

4. In case live aquatic animals imported for use as ornamental aquatic animals or for entertainment purpose are sold to a third party for the same purpose, the importer shall guide the buyer in implementing the approved plan on control of the animals and take joint responsibility for the violations prescribed in Clause 1 of this Article.

5. To report to the Directorate of Fisheries, and provincial-level state management agencies in charge of fisheries of the nearest places upon detecting that live aquatic animals are capable of adaptation and reproduction, and take disposal measures as guided.

6. To record and archive dossiers related to the import, transport, raising, processing and use of live aquatic animals.

Chapter V

IMPLEMENTATION PROVISIONS

Article 14.Transitional provisions

1. Dossiers of application for import licenses for live aquatic animals for use as food which are received before the effective date of this Circular must comply with the Minister of Agriculture and Rural Development’s Circular No. 04/2015/TT-BNNPTNT of February 12, 2015,guiding the implementation of a number of provisions of the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, detailing the Commercial Law regarding international goods purchase and sale and goods purchase, sale, processing and transit agency activities with foreign countries, in the field of agriculture, forestry and fisheries, and the Minister of Agriculture and Rural Development’s Circular No. 11/2015/TT-BNNPTNT of March 10, 2015, on risk assessment of live aquatic animals imported for use as food.

2. Import licenses for live aquatic animals which are granted under the Minister of Agriculture and Rural Development’s Circular No. 04/2015/TT-BNNPTNT of February 12, 2015,guiding the implementation of a number of provisions of the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, remain valid until their expiry dates.

Article 15.Effect

1. This Circular takes effect on January 1, 2019.

2. This Circular replaces or annuls the following regulations and legal documents:

a/ It replaces the Minister of Agriculture and Rural Development’s Circular No. 11/2015/TT-BNNPTNT of March 10, 2015, on risk assessment of live aquatic animals imported for use as food.

b/ It annuls the phrase “live aquatic animals for use as food” in Clause 5, Article 1, and at Point b, Clause 6, Article 3, and Article 33 of the Minister of Agriculture and Rural Development’s Circular No. 04/2015/TT-BNNPTNT of February 12, 2015,guiding the implementation of a number of provisions of the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, detailing the Commercial Law regarding international goods purchase and sale and goods purchase, sale, processing and transit agency activities with foreign countries, in the field of agriculture, forestry and fisheries.

Article 16.Implementation responsibility

Any problems arising or detected in the course of implementation of this Circular should be promptly reported to the Ministry of Agriculture and Rural Development for consideration for appropriate amendment and supplementation.-

For the Minister of Agriculture and Rural Development
Deputy Minister
PHUNG DUC TIEN

* The Appendix to this Circular is not translated.