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

THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

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

Pursuant to Decree No.15/2017/ND-CP dated February 17, 2017 of the Government on functions, duties, rights and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Law on Fisheries 2017;

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

The Minister of Agriculture and Rural Development promulgates a Circular on procedures for risk assessment of and license for import of live aquatic animals and plants.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides guidelines for regulations in Clause 4 and 6 Article 98 of the Law on Fisheries regarding procedures for risk assessment of and license for import of live aquatic animals and plants not on the list of aquatic species permitted to be traded in Vietnam for food, decoration, entertainment and display in fairs, exhibitions and scientific research.

Article 2. Subjects of application

This Circular applies to organizations and individuals related to management, import, transport, nurture, processing and use of imported live aquatic animals and plants not on the list of aquatic species permitted to be traded in Vietnam for food, decoration, entertainment and display in fairs, exhibitions and scientific research.

Article 3. Definitions

For the purposes of this Circular, the terms below shall be construed as follows:

1. “Live aquatic animals and plants” mean aquatic animals and seaweeds that have ability to grow and develop.

2. “Risk assessment of live aquatic animals and plants" (hereinafter referred to as “risk assessment”) means defining risks and adverse effects on biodiversity and possibility of disease spread to native aquatic animals and plants and human.

Article 4. Cases of license for import of live aquatic animals and plants not on the list of aquatic species permitted to be traded in Vietnam

1. A license for import of live aquatic animals and plants in case of risk assessment shall be granted if such live aquatic animals and plants are imported for food, decoration and entertainment purpose for the first time.

2. A license for import of live aquatic animals and plants without risk assessment shall be granted in case:

a) Live animals and plants are imported for food, decoration and entertainment that have undergone risk assessment;

b) Live aquatic animals and plants are imported for scientific research;

c) Live aquatic animals and plants are imported for display in fairs and exhibitions.

Chapter II

PROCESURES FOR LICENSING IMPORT OF LIVE AQUATIC ANIMALS AND PLANTS

Article 5. Procedures for licensing import of live aquatic animals and plants in case of risk assessment

1. The application for license shall include:

a) An application for license according to Form No.1 provided in the Appendix issued thereto;

b) The original copy of explanation of biological characteristics of live aquatic animals and plants to be imported according to Form No.2 provided in the Appendix issued thereto;

c) The original copy of the plan for control of live aquatic animals and plants imported according to Form No.3 provided in the Appendix issued thereto.

2. Licensing procedure:

a) The organization or individual shall send an application to the Directorate of Fisheries directly or by post or via the national single-window system or public online service (if any);

b) The Directorate of Fisheries shall verify the satisfaction of such application and notify the applicant in writing if the application is found unsatisfactory within 2 working days;

Click download to see the full text