Circular No. 26/2013/TT-BNNPTNT dated Hanoi, May 22, 2013 of the Ministry of Agriculture and Rural Development on aquatic breed management

THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Circular No. 26/2013/TT-BNNPTNT dated Hanoi, May 22, 2013 of the Ministry of Agriculture and Rural Development on aquatic breed management

Pursuant to the Decree No. 01/2008/ND-CP dated January 03, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development; the Decree No. 75/2009/ND-CP dated September 10, 2009 of the Government amending article 3 of the Government’s Decree No. 01/2008/ND-CP dated January 3, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Law on Fisheries 2003;

Pursuant to the Law on Product and goods quality 2007;

Pursuant to the Ordinance on Livestock breeds 2004;

Pursuant to the Ordinance on Veterinary Medicine 2004;

Pursuant to the Decree No. 59/2005/ND-CP dated May 4, 2005 of the Government on production and business conditions of a number of fisheries trades; the Decree No. 14/2009/ND-CP dated February 13, 2009 of the Government on the amendments to the Decree No. 59/2005/ND-CP;

At the proposal of the Director of Directorate of Fisheries;

The Minister of Agriculture and Rural development issues a Circular on aquatic breed management,

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. Scope of regulation:

a) This Circular specifies the management of conditions, quality, testing, and assessment of aquatic breeds, and obligations of organizations and individuals concerned.

b) This Circular does not specify the quarantine of aquatic breeds, the issuance of licenses to export and import aquatic breeds.

2. Subjects of application:

This Circular is applicable to Vietnamese and foreign organizations and individuals relating to the production, sale, quality control, testing, and assessment of aquatic breeds in Vietnam.

Article 2. Interpretation of terms

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

1.Aquatic breedsare aquatic animals and plants, including their eggs, embryos, germs, sperms, and larvae that are used for breeding, as breeds, or as pets.

2.New aquatic breedsare aquatic breeds that are imported or created in Vietnam for the first time.

3.Dominant parent breedsinclude Litopenaeus vannamei/Penaeus vannamei, Penaeus monodo, Pangasius hypophthalmus, and Oreochoromis spp.

4.Breed creationis the selection, hybridization, insemination, or employment of other genetic measures to create a new breed.

5.Breed cultivationmeans nourishing aquatic larvae through the complete metamorphosis to adult forms.

6.Breed nourishmentmeans the nourishment of aquatic breeds at the facility for a certain period of time after they are transited from the breeding farm in order to restore their health and increase their sizes.

7.Breed testingmeans cultivating and monitoring aquatic breeds under certain conditions for a certain period of time to identify the differences, stability, and consistency in terms of productivity, quality, immunity, and harms.

8.Breed assessmentmeans checking and reassessing the productivity, quality, immunity, and characteristics of an aquatic breed after it is produced or to form a basis for announcing the conformity of an aquatic breed.

Article 3. Fees and charges

1. The fees and charges for aquatic breed management shall comply with current regulations of the Ministry of Finance.

2. The costs of testing and assessing aquatic breeds shall comply with the contracts signed by the testing organization and the breeding organization based on the limits imposed by the Ministry of Finance and actual costs.

Chapter II

CONDITIONS FOR PRODUCING AND SELLING AQUATIC BREEDS

Article 4. Conditions for propagating aquatic breeds

Organizations and individuals engaged in the propagation of aquatic breeds must satisfy the following conditions:

1. The Certificate of Business registration or Certificate of investment in aquatic breeds or the Decision on responsibility for researching and producing aquaculture products (applicable to public service providers) is obtain;

2. The location must comply with local planning or approved in writing by competent authorities;

3. At least 01 technician holds an intermediate qualification in aquatic breeding or higher, or a certificate of training in aquatic breeding issued by competent authorities.

4. New aquatic breeds are monitored in isolated places. The facilities and equipment are suitable for every aquatic breed and their qualities according to QCVN 02-15:2009/BNNPTNT enclosed with the Circular No. 82/2009/TT-BNNPTNT dated December 25th 2009 of the Ministry of Agriculture and Rural development on the issuance of National Technical Regulation on food safety and hygiene in fisheries.

5. The signboard and address are clear;

6. The quality standard of aquatic breeds are announced and the actual quality is conformable with the announcement; aquatic breeds are labeled when they are circulated as prescribed in Appendix 1 to this Circular;

7. The production and sale of aquatic breeds are recorded in accordance with Section A of Appendix 2. These records must be retained for at least 03 years.

For the aquatic breed producers that have registered to follow VietGAP, GlobalGAP, or equivalent standards or higher, the documentation of the breed production shall comply with such standards and guidance of the organizations competent to assess and certify.

Article 5. Conditions for cultivating and nourishing aquatic breeds

Organizations and individuals engaged in the cultivation and nourishment of aquatic breeds must satisfy the following conditions:

1. The conditions in Clauses 1, 2, 3, 5, and 6 Article 4 of this Circular;

2. The facilities and technical equipment are suitable for every aquatic breed and their qualities: the pool system for cultivation and nourishment; clean water sources, separate water supply and drainage system; instruments for ensuring the cultivation and nourishment of aquatic breeds.

3. The production and trade of aquatic breeds are recorded in accordance with Section B of Appendix 2. These records must be retained for at least 02 years.

Article 6. Conditions for producing and selling parent breeds

1. Conditions for producing and selling parent breeds:

The organizations and individuals that produce and sell parent breeds (hereinafter referred to as producers of parent breeds) must satisfy the following conditions:

a) The conditions in Clauses 1, 2, 3, 5, 6 and 7 Article 4 of this Circular.

b) At least 01 technician holds a bachelor’s degree in aquatic breeding.

2. Conditions for producing and selling dominant parent breeds

Producers of dominant parent breeds must satisfy the following conditions:

a) The conditions in Clause 1 of this Article;

b) The quality of aquatic breeds are up to standard: the purebred organisms or breeds have been certified through testing, or their qualities are results of projects certified by Ministries or the State.

3.  Producers shall send written notification to the Directorate of Fisheries (according to the form in Appendix 3 to this Circular) before the production of dominant parent breeds.

Chapter III

QUALITY OF AQUATIC BREEDS

Article 7. Announcing applicable standards of aquatic breeds

1. Aquatic breed producers shall announce their own applicable standards. The order for establishing and applying standards shall comply with the Circular No. 21/2007/TT-BKHCN dated September 28, 2007 of the Ministry of Science and Technology providing guidance on the establishment and application of standards, and the Circular No. 29/2011/TT-BKHCN dated November 15, 2011 on the amendments to the Circular No. 21/2007/TT-BKHCN.

2. Every aquatic breed producer shall send 01 dossier of applicable standard announcement to the local fishery authority for updating and management.

3. Owners of facilities where aquatic breeds are produced are responsible for the consistency of their aquatic breed quality to the dossier.

Article 8. Certification of conformity and declaration of conformity of aquatic breeds

The certification of conformity and declaration of conformity shall comply with the Circular No. 55/2012/TT-BNNPTNT dated October 31, 2012 of the Ministry of Agriculture and Rural development, providing guidance on the procedure for certification of conformity and declaration of conformity;

Article 9. Quality of aquatic breeds

1. The quality of aquatic breeds must satisfy the following requirements:

a) The consistency with the announced standards;

b) Quarantine is carried out before circulation;

c) Invoices specifying the origins and documents proving that breeds are bought to be cultivated into adult forms must be presented when breeds are transited to the facility for cultivation or nourishment, or the Certificate of registration of cultivation business is presented by the receiver.

2. The quality of parent breeds must satisfy the following requirements:

a) The consistency with the announced standards;

b) Quarantine is carried out before circulation.

3. The quality of dominant parent breeds must satisfy the following requirements:

a) The conditions in Clause 2 of this Article;

b) They are tested for diseases before breeding as prescribed in Section 1 of Appendix 4 to this Circular;

c) The technical requirements in Section 2 Appendix 4 to this Circular are satisfied.

Chapter IV

TESTING AND ASSESSING AQUATIC BREEDS

Article 10. Testing principles

1. The cases in which aquatic breeds must be tested:

a) The aquatic breed is created in Vietnam for the first time.

b) New aquatic breeds are aquatic breeds that are imported or created in Vietnam for the first time.

2. The aquatic breeds that have undergone researched and hybridization according to the projects certified by Ministries or the State shall be recognized as new breeds. Directorate of Fisheries shall request the Ministry of Agriculture and Rural development to supplement the list of aquatic breeds allowed to be produced and sold.

Article 11. Conditions for testing aquatic breeds

The facilities that test aquatic breeds must satisfy the following requirements:

1. The aquatic breed testing has been registered with state authorities in charge of aquatic breeds;

2. The infrastructure satisfy the ecological need of the test subjects, is conformable with the planning, ensure veterinary hygiene and comply with the laws on environment protection;

3. The facilities and specialized equipment satisfy the needs for testing every subject and their qualities; the number of pools is suitable for testing, the satisfactory water sources are sufficient; separate water supply and drainage system is available; the pool to contain sewage is satisfactory, the testing of environmental criteria and aquatic disease is ensured; food, chemicals, and other products serving the testing are sufficient.

4. At least 02 technicians hold bachelor’s degrees in aquatic breeding.

Article 12. Procedure for certifying the eligibility to test

1. The application for the certificate of eligibility to test includes:

a) The written request for the certificate of eligibility to test (according to Appendix 5 to this Circular);

b) The description of the aquatic breed testing conditions (according to Appendix 6 to this Circular);

c) The appropriate Decision on Establishment or Certificate of Business registration or Investment certificate;

d) The qualifications of 02 technicians.

The documents in Points c and d Clause 1 of this Article are photocopies enclosed with original copies for comparison if the application is submitted directly, or valid copies if the application is sent by post.

2. Procedure for certifying the eligibility to test:

a) Every facility that satisfies the conditions in Article 11 of this Circular and wishes to apply for the certificate shall submit 01 application to Directorate of Fisheries or send it by post.

b) If the application is not sufficient, Directorate of Fisheries shall reply in writing within 02 working days and provide explanation.

c) Within 15 working days from the day on which the complete and valid application is received, Directorate of Fisheries shall carry out field inspection of the conditions in Article 11 of this Circular where necessary.

d) If all requirements are satisfied, within 05 working days from the end of the field inspection, Directorate of Fisheries shall issues a Decisions to certify add the facility to the list of facilities eligible to test aquatic breeds. If all requirements are not satisfied, the inspectorate shall make a written request for the rectification and carry out a re-inspection after the facility finishes rectifying and requests the re-inspection.

dd) The decision to certify the eligibility to test aquatic breeds is valid for 05 years. Within 03 months before the expiration date, every facility that wishes to apply for a reissuance shall send an application to Directorate of Fisheries as prescribed in Clause 3 of this Article.

3. The application for the reissuance includes:

a) The written request for the certificate of eligibility to test (according to Appendix 5 to this Circular);

b) The description of the aquatic breed testing conditions (according to Appendix 6 to this Circular).

4. The order of the reissuance shall comply with Clause 2 of this Article.

Article 13. Procedure for testing aquatic breeds

1. Every organization or individual that needs to have their aquatic breeds tested shall submit an application directly to Directorate of Fisheries or send it by post. The application includes:

a) The written request for aquatic breed testing (according to Appendix 7 to this Circular);

b) The aquatic breed testing outline (according to Appendix 8 to this Circular);

c) The testing contract signed by the applicant and the testing facility recognized by Directorate of Fisheries;

d) Technical documents about biological and reproductive characteristics of the new breed.

2. Order:

a) If the application is not sufficient, Directorate of Fisheries shall reply in writing and provide explanation within 02 working days;

b) Within 15 working days from the day on which the complete and valid application is received, Directorate of Fisheries shall assess the testing outlines and issue a written approval or disapproval or request for revisions.

c) The testing facility shall test the breed in accordance with the outline approved by Directorate of Fisheries.

d) Within 15 working days from the end of the testing, the testing facility shall send the report on the testing result to the organization or individual that have their aquatic breeds tested (hereinafter referred to as applicants) (according to Appendix 10 to this Circular).

3. Supervising the testing:

a) Supervisor: the fishery authorities affiliated to the Service of Agriculture and Rural development where breeds are tested.

b) Supervision contents: according to the contents of the aquatic breed testing outline.

c) The supervisor shall request the testing facility to comply with the approved outline if new issues arise.

d) Within 05 working days from the end of the testing, the testing facility shall send the report on the testing result to Directorate of Fisheries and the applicant.

4. Inspecting the testing:

a) Periodic inspections: Directorate of Fisheries shall establish inspectorates to inspect the testing of aquatic breeds no more than 02 times during the testing. The inspection contents and time shall be notified to the testing facility and the applicant.

b) Unscheduled inspections: Directorate of Fisheries shall establish inspectorates to inspect the testing of aquatic breeds without notice where necessary.

c) The composition of an inspectorate: officials in charge of fisheries of Directorate of Fisheries and local state agencies in charge of fisheries (if necessary).

Article 14. Procedure for recognizing new aquatic breeds

1. The application for the assessment and recognition of new aquatic breeds: after the end of the testing, the applicant shall submit 01 application for the assessment and recognition of aquatic breeds to Directorate of Fisheries, including:

a) The written request for the assessment and recognition of the testing result (according to Appendix 9 to this Circular);

b) The report on the aquatic breed testing result (according to Appendix 10 to this Circular);

2. Procedure for recognizing new aquatic breeds:

b) The sufficiency of the application shall be checked within 02 working days. If the application is not sufficient, Directorate of Fisheries shall reply in writing and provide explanation. Within 15 working days from day on which the sufficient application is received, Directorate of Fisheries shall establish a Scientific Council to assess the testing result.

b) After the testing result is assessed and approved by the Scientific Council, Directorate of Fisheries shall issue a Decision to recognize the new aquatic breed within 03 working days (according to Appendix 11 to this Circular). If the testing result is not approved, Directorate of Fisheries shall send a written notification and explanation to the applicant.

A breed may be produced after the Decision to recognize the new aquatic breed is issued.

c) Within 15 working days from the day on which the Decision to recognize the new aquatic breed is issued, Directorate of Fisheries shall request the Minister of Agriculture and Rural development to supplement the list of aquatic breeds allowed to be produced and sold.

Article 15. Assessing aquatic breeds

1. The cases in which aquatic breeds are assessed:

a) At the request of organizations and individuals;

b) To serve the management.

2. The assessor: Directorate of Fisheries

3. Aquatic breeds shall be assessed by each criterion, type, and quality. The assessment result shall be announced by Directorate of Fisheries.

Chapter V

INSPECTING PRODUCING CONDITIONS AND QUALITY OF AQUATIC BREEDS

Article 16. Inspecting the conditions of facilities that produce aquatic breeds

1. Inspecting authority: provincial fishery authority

2. Inspection basis: National Technical Regulations and regulations issued by the Ministry of Agriculture and Rural development.

3. The order and contents of inspection shall comply with the Circular No. 14/2011/TT-BNNPTNT dated March 29, 2011 on the inspection and assessment of sellers of agricultural supplies and products, and the Circular No. 01/2013/TT-BNNPTNT dated January 04, 2013 on the amendments to the Circular No. 14/2011/TT-BNNPTNT.

Article 17. Inspecting the quality of aquatic breeds

1. Inspecting principles:

a) The inspection of quality of aquatic breeds (including the diseases) shall be carried out at the producing facility.

b) The inspection of quality of aquatic breeds in the locality where they are received shall be carried out upon suspicion. The inspection contents and order are similar to the inspection of aquatic breed quality in production.

c) Aquatic breed quality shall be inspected by Inspectorates. The Inspectorate shall be established by the fishery authority with the cooperation of veterinary authority (where necessary).

2. Inspecting authority:

a) Directorate of Fisheries shall carry out surprise inspection of quality of produced and sold aquatic breeds nationwide.

b) Provincial fishery authorities shall directly inspect the quality of produced and sold aquatic breeds.

3. Inspection basis:

a) The applicable standards announced;

b) The regulations on aquatic breed quality issued by the Minister of Agriculture and Rural Development

4. Inspecting authority:

a) Aquatic breed quality shall be inspected based on the quality standards announced or registered  (sizes, quantity, categories, ages, pure redness, coefficient of variation, and status of aquatic breeds, useful life, frequency of reproduction, etc.) according to Clause 3 of this Article.

b) Inspect the conformity assessment, labeling, CE marking, and documentation during the production and sale of aquatic breeds;

c) Take and test samples to inspect the conformity of aquatic breeds with applicable standards. The inspection prescribed in this Point shall be carried out when the quality is suspicious after the inspections in Point and Point b Clause 4 of this Article.

5. Inspection method:

a) Scheduled inspections are inspections made known in advance in writing.

b) Unscheduled inspections are inspections without prior notice.

6. Order for inspecting aquatic breed quality:

a) Announcing the decision to establish an inspectorate;

b) Carry out the inspection in accordance with Clause 4 of this Article;

c) Make the inspection record;

d) Notify the inspection results to the facility and the inspecting authority:

dd) Penalize the violations as prescribed by law.

Article 18. Inspecting the quality of imported aquatic breeds

1. Inspecting principles:

a) Imported aquatic breeds shall not be inspected in the following cases: aquatic breeds are imported for testing, research, and introduction at fairs and exhibitions.

b) The inspection of imported aquatic breeds shall be reduced or exempt based on the documentation and results of the inspection of the same products of the same factory. At least 03 batches (for reduction) or 05 batches (for exemption) must meet the standard. Directorate of Fisheries shall make decisions and notifications of the reduction or exemption of inspection of imported aquatic breeds.

c) Imported aquatic breeds shall be inspected at quarantine places.

d) After the procedure for quarantine at the border checkpoint is completed, the importer of aquatic breeds shall send an application for the inspection of imported aquatic breed quality to the inspecting authority.

2. Inspecting authority:

a) Directorate of Fisheries shall inspect the quality of imported dominant parent breeds.

b) Provincial fishery authorities shall inspect the quality of imported aquatic breeds (except from dominant parent breeds).

3. Every applicant for the inspection of imported aquatic breed quality shall send 01 application to the inspecting authority directly or by post. The application includes:

a) The written request for the quality inspection (03 copies) according to the form in Appendix 12 to this Circular;

b) The original or the photocopies (sealed by the importer) of the sale contract, the packing list, and invoices.

4. Order:

a) When the application is received, the inspecting authority shall examine it and instruct the applicant to complete or correct the application.

b) If the application is complete and valid, the inspecting authority shall make a certification on certificate of application for quality inspection, notify the applicant of the inspection contents, time, and location, and send the applicant 02 certificate of application for quality inspection certified by the inspecting authority.

5. Inspection contents:

a) Inspect the consistency of the breed batch with the application;

b) Criteria for parent breeds: sizes, quantity, age, pure redness, reproductive sizes, maturity, sex ratio, status, morphology, and other criteria for quality in comparison to current regulations of Vietnam.

b) Criteria for inspecting commercial breeds: sizes, quantity, age, pure redness, status, morphology, and other criteria for quality in comparison to current regulations of Vietnam.

6. Processing inspection results:

a) If the inspection result is satisfactory (given within 01 working day), the inspecting authority shall send a notification of satisfactory quality (according to the form in Appendix 13) to the applicant.

b) If the inspection result is not satisfactory, the inspecting authority shall send a notification of unsatisfactory quality (according to the form in Appendix 13) to the applicant and penalize the violations as prescribed.

Article 19. Inspecting breed producers in exporting countries

1. According to International Agreements on aquatic breeds with fishery authorities of exporting countries, the Ministry of Agriculture and Rural Development shall establish inspectorates and plan the field inspections of breed producers in exporting countries.

2. Inspection contents:

a) Technical infrastructure and veterinary hygiene;

b) The technology for selecting and creating aquatic breeds;

c) Documentation during the production of aquatic breeds;

d) Other contents.

3. The budget for inspection shall be annually allocated by the State budget as prescribed by current regulations.

Chapter VI

RESPONSIBILITIES OF RELEVANT ORGANIZATIONS AND INDIVIDUALS

Article 20. Directorate of Fisheries

1. Manage aquatic breeds nationwide. Provide professional guidance on the management of aquatic breeds.

2. Inspect aquatic breed producers in exporting countries. Inspect the quality of imported dominant parent breeds or delegate local fishery authorities to do it.

3. Verify applications for the certificate of eligibility to test aquatic breeds and applications for the recognition of aquatic breeds.

4. Inspect the conditions of producers of dominant parent breeds (when the production of dominant parent breeds is reported) or delegate local fishery authorities to do it.

5. Inspect aquatic breeds nationwide and the fulfillment of obligations of local fisheries authorities.

6. Request the Minister of Agriculture and Rural development to issue the List of aquatic breeds allowed to be produced and sold.

7. Provide guidance and organize the implementation of this Circular.

Article 21. the Department Of Animal Health

1. Instruct local veterinary authorities to cooperate with inspectorates in supervising aquatic breed quality.

2. Cooperate with Directorate of Fisheries in managing aquatic breeds in accordance with this Circular.

Article 22. Services of Agriculture and Rural development

1. Manage local aquatic breeds as prescribed in this Circular.

2. Provide guidance, and supervise the management of local aquatic breeds of affiliated agencies.

3. Instruct veterinary authorities and fishery authorities to inspect aquatic breeds simultaneously to avoid disturbing enterprises.

4. Report the production, sale, and quality of local aquatic breeds to Directorate of Fisheries every 06 months, every year, on request, and after inspections of aquatic breeds.

Article 23. Local fishery authorities

1. Make statistics, inspect, and classify facilities that produce, sell and cultivate aquatic breeds; inspect the quality of local aquatic breeds as prescribed.

2. Inspect the quality of imported aquatic breeds (except for dominant parent breeds).

3. Carry out inspections at facilities that produce and cultivate aquatic breeds with the cooperation of veterinary authorities.

4. Provide guidance on the announcement of applicable standards as prescribed by current regulations.

5. Provide training and propagate laws on aquatic breeds and aquatic breed production techniques.

6. Fulfill other tasks given by Directorate of Fisheries.

7. Report the production, sale, and quality of local aquatic breeds to Directorate of Fisheries every quarter, every 06 months, every year, on request, and after inspections of aquatic breeds.

Article 24. Aquatic breed testing facilities

1. Provide outlines and run the testing in accordance with the approved outlines.

2. Instruct applicants to comply with this Circular and other relevant laws.

3. Take responsibility for the testing result and retain the files for at least 05 years.

4. Pay the testing fee and compensation for the damage during the production, sale, and use of aquatic breeds incurred due to incorrect results.

Article 25. Organizations and individuals that produce, sell, and cultivate aquatic breeds

1. Comply with the regulations on aquatic breeds in this Circular.

2. Provide supporting documents and facilitate the performance of inspecting authorities.

3. Take responsibility before law for the aquatic breeds they produce and sell. Only put aquatic breeds up to standard on the market.

4. Pay fees and charges as prescribed in Article 3 of this Circular.

5. Request state management authorities to provide information, regulations, and forms relating to aquatic breeds as prescribed by law.

Chapter VII

IMPLEMENTATION

Article 26. Transitional provisions

Within 02 years from the effective date of this Circular, the testing agencies mentioned in the Decision No. 18/2002/QÐ-BTS dated June 03, 2002 on the issuance of the Regulation on testing aquatic breeds, feed, chemicals, and biological products used for fishery must apply for another recognition as prescribed in this Circular.

Article 27. Implementation

1. This Circular takes effect on July 05, 2013.

2. This Circular supersedes the regulations on testing aquatic breeds in the Decision No. 18/2002/QD-BTS dated June 03, 2002 of the Ministry of Fishery, and supersedes Clause 3 Section III of the Circular No. 02/2006/TT-BTS dated March 20, 2006 of the Ministry of Fishery providing guidance on the implementation of the Government s Decree No. 59/2005/ND-CP dated May 04, 2005 on the requirements for some lines of fisheries.

Article 28. Organizing the implementation

Difficulties and new issues arising during the course of implementation should be reported to the Ministry of Agriculture and Rural Development (Directorate of Fisheries) for consideration and settlement./.

For the Minister

Deputy Minister

Vu Van Tam

* All appendices are not translated herein.