Circular No. 26/2018/TT-BNNPTNT dated November 15, 2018 of the Ministry of Agriculture and Rural Development on prescribing management of aquatic breeds, aquatic feeds and aqua environmental remediation products

CIRCULAR

Prescribing the management of aquatic breeds, aquatic feed and aquaculture environment treatment products[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 management of aquatic breeds, aquatic feed and aquaculture environment treatment products.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Circular guides a number of contents specified in Clause 2 of Article 23, and Clause 2 of Article 31, of the Law on Fisheries, regarding:

1. Inspection of conditions on aquatic breed production and nursery facilities; and inspection of conditions on facilities producing, buying and selling or importing aquatic feed and aquaculture environment treatment products.

2. Inspection of the quality of aquatic breeds produced and sold in the market; and inspection of the quality of aquatic feed and aquaculture environment treatment products produced and sold in the market.

3. Lifespans of parental aquatic breeds;

4. Naming of, allowable errors in the quality analysis, and technical specifications to be publicized in the declared applicable standards of, aquatic feed and aquaculture environment treatment products.

5. List of chemicals, bio-products and microorganisms banned from use in aquatic feed and aquaculture environment treatment products; and list of chemicals, bio-products, microorganisms and feed materials permitted for use in aquaculture in Vietnam.

6. Order and procedures for application of technical measures to handle violations related to the quality of aquatic breeds; and order and procedures for application of technical measures to dispose of aquatic feed and aquaculture environment treatment products that fail to meet quality requirements.

7. Update of information on aquatic feed and aquaculture environment treatment products before being sold in the market.

Article 2.Subjects of application

This Circular applies to organizations and individuals involved in trading of aquatic breeds, aquatic feed and aquaculture environment treatment products in Vietnam’s territory.

Chapter II

INSPECTION OF CONDITIONS FOR AQUATIC BREED PRODUCTION AND NURSERY FACILITIES AND FACILITIES PRODUCING, BUYING AND SELLING OR IMPORTING AQUATIC FEED AND AQUACULTURE ENVIRONMENT TREATMENT PRODUCTS

Article 3.Inspection of conditions for aquatic breed production and nursery facilities and facilities producing aquatic feed and aquaculture environment treatment products

1. Form of inspection: forming an inspection team.

2. Bases for forming an inspection team:

a/ The facility’s request for grant or re-grant of the eligibility certificate;

b/ Time of inspection of the facility’s maintenance of the law-prescribed conditions, for facilities already granted the eligibility certificate.

3. An inspection team shall be composed of the head and other members; and consultancy experts when necessary.

4. Requirements on the team’s head: Being a person acting as a division leader or holding a higher position or a civil servant having at least 5 years’ experience in aquaculture, aquatic breeds, aquatic feed, or aquaculture environment treatment products.

5. Requirements on the team’s members:

An inspection team must have at least one member satisfying the following requirements:

a/ Having participated in a professional training course on inspection of conditions for facilities, organized by the Directorate of Fisheries;

b/ Possessing a university or higher degree in aquaculture, aquatic animal diseases, biology, or the environment, for members of a team inspecting conditions for aquatic breed production and nursery facilities;

c/ Possessing a university or higher degree in aquaculture, aquatic animal diseases, biology, chemistry, food technology or the environment, for members of a team inspecting conditions for facilities producing aquatic feed and aquaculture environment treatment products.

6. Requirements on collectors of samples of aquatic breeds, aquatic feed and aquaculture environment treatment products: having participated in a professional training course on sampling of aquatic breeds, aquatic feed and aquaculture environment treatment products, organized by the Directorate of Fisheries.

Article 4.Inspection of conditions for facilities buying and selling or importing aquatic feed and aquaculture environment treatment products

1. Inspecting agencies: Provincial-level state management agencies in charge of fisheries shall inspect conditions for facilities buying and selling or importing aquatic feed and aquaculture environment treatment products.

2. Form of inspection: conducting inspection of conditions for facilities simultaneously with inspecting the quality of products being sold in the market under Article 7 of this Circular.

3. Contents of inspection must comply with Article 33 of the Law on Fisheries.

Article 5.Professional training in inspection of conditions for facilities and in sampling

1. The Directorate of Fisheries shall organize professional training in inspection of conditions for facilities and in sampling of aquatic breeds, aquatic feed and aquaculture environment treating products for inspecting agencies’ officers.

2. Contents of professional training in inspection of conditions for facilities include regulations on conditions for aquatic breed production and nursery facilities and facilities producing aquatic feed and aquaculture environment treatment products; standards and technical regulations on aquatic breeds, aquatic feed and aquaculture environment treatment products; and the quality and biosafety management system.

3. Contents of professional training in sampling include regulations on inspection and inspected subjects; standards and technical regulations on assurance of safety for sample collectors, sampling methods and preservation of samples; and collection of samples at facilities.

Chapter III

INSPECTION OF THE QUALITY OF AQUATIC BREEDS, AQUATIC FEED AND AQUACULTURE ENVIRONMENT TREATMENT PRODUCTS

Article 6.Inspection of the quality of aquatic breeds in production and nursery; inspection of the quality of aquatic feed and aquaculture environment treatment products in production

1. Inspecting agencies

a/ The Directorate of Fisheries shall inspect the quality of parental aquatic breeds, aquatic feed and aquaculture environment treatment products for foreign investors and foreign-invested economic organizations;

b/ A provincial-level state management agency in charge of fisheries shall inspect the quality of aquatic breeds, aquatic feed and aquaculture environment treatment products in the locality, except the case specified at Point a, Clause 1 of this Article; and inspect the quality of parental aquatic breeds, aquatic feed or aquaculture environment treatment products for foreign investors and foreign-invested economic organizations when authorized by the Directorate of Fisheries.

2. Bases for inspection

a/ Article 32 of the Law on Product and Goods Quality;

b/ The declared applicable standards, technical regulations and regulations of the Ministry of Agriculture and Rural Development.

3. Contents of inspection

a/ Inspection of the conformity with the declared applicable standards, relevant national technical regulations and regulations of the Ministry of Agriculture and Rural Development; inspection of the conformity assessment results, labeling, standard or regulation conformity marks and dossiers during production and nursery. When necessary, the inspecting agency may invite experts to make assessment as prescribed in relevant technical regulations;

b/ Collection of samples for testing upon detection of a sign of inferior quality after performing the inspection contents specified at Point a, Clause 3 of this Article.

4. Sample collectors must satisfy the requirements defined in Clause 6, Article 3 of this Circular.

5. Allowable errors in the quality analysis of aquatic feed and aquaculture environment treatment products are provided in Appendix III to this Circular.

6. The order and procedures for inspection must comply with Clause 3, Article 29 of the Law on Product and Goods Quality.

7. The handling of quality inspection results must comply with Article 30 of the Law on Product and Goods Quality and Article 6 of the Government’s Decree No. 132/2008/ND-CP of December 31, 2008 guiding the implementation of the Law on Product and Goods Quality.

Article 7.Inspection of the quality of aquatic breeds, aquatic feed and aquaculture environment treatment products sold in the market

1. Inspecting agencies: Provincial-level state management agencies in charge of fisheries shall inspect the quality of aquatic breeds, aquatic feed and aquaculture environment treatment products in the localities.

2. The contents, order and procedures for inspection of the quality of aquatic breeds, aquatic feed and aquaculture environment treatment products sold in the market must comply with the Ministry of Science and Technology’s Circular No. 26/2012/TT-BKHCN of December 12, 2012, providing the state inspection of the quality of goods sold in the market, and the Minister of Science and Technology’s Circular No. 12/2017/TT-BKHCN of September 28, 2017, amending and supplementing a number of articles of Circular No. 26/2012/TT-BKHCN of December 12, 2012, providing the state inspection of the quality of goods sold in the market.

3. Sample collectors must satisfy the requirements defined in Clause 6, Article 3 of this Circular.

4. Allowable errors in the quality analysis of aquatic feed and aquaculture environment treatment products are provided in Appendix III to this Circular.

Article 8.Order and procedures for application of technical measures to handle violations related to the quality of aquatic breeds

1. Aquatic breeds failing to meet quality requirements shall be destroyed according to the following order and procedures:

a/ Applying one of the following destruction measures: To heat the feeds at 90⁰C or more, freeze them, use chemicals permitted for use in aquaculture, or other forms prescribed by law;

b/ Making a written record of destruction: A written record must bear signatures of representatives of the inspecting agency and violating facility. Its principal contents include bases and reasons for destruction; time and place of destruction; participants in the destruction; name, category, origin, quantity and current state of aquatic breeds at the time of destruction; form of destruction, and other relevant contents.

2. Aquatic breeds failing to meet quality requirements may have their use purposes changed according to the following order and procedures:

a/ Applying one of the following measures to change their use purposes: To use the breeds as ornaments, or for entertainment or scientific research;

b/ The facility shall make a plan for changing use purposes of the breeds and report it to the provincial-level state management agency in charge of fisheries for the latter to manage and supervise the  process of use purpose change.

Article 9.Order and procedures for application of technical measures to handle aquatic feed and aquaculture environment treatment products failing to meet quality requirements

1. Aquatic feed and aquaculture environment treatment products that fail to meet quality requirements shall be destroyed according to the following order and procedures:

a/ Applying one or more of the following destruction measures: To use chemicals or adopt mechanical measures for destruction, burn or bury the products, or apply other forms prescribed by law;

b/ Making a written record of destruction: A written record must bear signatures of representatives of the inspecting agency and violating facility. Its principal contents include bases and reasons for destruction; time and place of destruction; participants in the destruction; name, category, origin, quantity and current state of products at the time of destruction; form of destruction, and other relevant contents.

2. Aquatic feed and aquaculture environment treatment products that fail to meet quality requirements may be recycled or have their use purposes changed according to the following order and procedures:

a/ For recycling measures: Facilities shall work out a recycling plan and report thereon to provincial-level state management agencies in charge of fisheries for the latter to manage and supervise the recycling process;

b/ For measures to change use purposes: Facilities shall make a plan to change use purposes in accordance with law for products after the change and report it to provincial-level state management agencies in charge of fisheries for the latter to manage and supervise the process of use purpose change.

Article 10.Lifespans of parental aquatic breeds

Lifespans of parental aquatic breeds must conform to relevant national technical regulations. In case no national technical regulation is promulgated, lifespans of parental aquatic breeds are prescribed as follows:

1. Parental white-leg shrimps

a/ The maximum lifespan is 140 days counting from the date of customs clearance, for imported parental shrimps weighed at least 40g per male shrimp or 45g per female shrimp;

b/ The maximum lifespan is 120 days counting from the date of first breeding for domestic parental shrimps or imported parental shrimps failing to reach the weight mentioned at Point a, Clause 1 of this Article.

2. Parental giant tiger prawns

a/ The maximum lifespan is 80 days counting from the date of customs clearance, for imported parental giant tiger prawns weighed at least 100g per male prawn or 120g per female prawn;

b/ The maximum lifespan is 60 days counting from the date of first breeding, for domestic, caught and imported parental prawns failing to reach the weight mentioned at Point a, Clause 2 of this Article.

3. Parentaltrafish: The maximum lifespan is 60 months counting from the date of first breeding with no more than twice of breeding a year.

4. Lifespans of other parental aquatic breeds shall be announced by facilities themselves.

Article 11.List of chemicals, bio-products and microorganisms banned from use in aquatic feed and aquaculture environment treatment products; list of chemicals, bio-products, microorganisms and feed materials permitted for use in aquaculture in Vietnam; technical specifications to be publicized in the declared applicable standards of aquatic feed and aquaculture environment treatment products

1. The list of chemicals, bio-products and microorganisms banned from use in aquatic feed and aquaculture environment treatment products is provided in Appendix I to this Circular.

2. The list of chemicals, bio-products, microorganisms and feed materials permitted for use in aquaculture in Vietnam is provided in Appendix II to this Circular.

3. Technical specifications to be publicized in the declared applicable standards of aquatic feed and aquaculture environment treatment products is provided in Appendix IV to this Circular.

Chapter IV

UPDATE OF INFORMATION ON AQUATIC FEED AND AQUACULTURE ENVIRONMENT TREATMENT PRODUCTS

Article 12.Creation of accounts to log in the national fisheries database and update of information on aquatic feed and aquaculture environment treatment products

1. Facilities producing or importing aquatic feed and aquaculture environment treatment products shall create an account to log in the national fisheries database. The account information includes:

a/ Login name being the enterprise identification number or tax identification number;

b/ Information for creating an account: name, address of the head office, telephone, email, production location and conditions, and type, of the facility.

2. Before selling products in the market, the production or importing facility shall send information on aquatic feed and aquaculture environment treatment products mentioned in Article 13 of this Circular via the account created under Clause 1 of this Article.

Article 13.Information on aquatic feed and aquaculture environment treatment products

1. Information on domestic aquatic feed and aquaculture environment treatment products, including information on location and conditions of production; information on the declared applicable standards provided in Appendix V to this Circular; information on regulation conformity declaration; product labels (colored copies); and product quality testing results.

2. Information on imported aquatic feed and aquaculture environment treatment products, including information on production facility, location and conditions of production; information on the declared applicable standards provided in Appendix V to this Circular; information on regulation conformity declaration; product labels (colored copies of the original label and label in Vietnamese); certificate of free sale or another document of equivalent value which remains valid; and quality testing results upon importation.

3. After receiving the information referred to in Clause 1 or 2 of this Article, the national fisheries database shall automatically grant a receipt code to the facility for the latter to write information details on product labels in order to serve management and traceability of the origin of products. The receipt code consists of AA-BBBBBB, in which:

a/ AA is the code to classify aquatic feed and aquaculture environment treatment products: 01 is the code of aquatic feed; 02 is the code of aquaculture environment treatment products; 03 is the code used for both aquatic feed and aquaculture environment treatment products;

b/ BBBBBB is the serial number from 000001 to 999999 granted to aquatic feed and aquaculture environment treatment products.

4. If having any change in the updated information mentioned in Clause 1 or 2 of this Article, the facility shall re-update it before selling its products in the market.

Article 14.Naming of aquatic feed and aquaculture environment treatment products

The naming of aquatic feed and aquaculture environment treatment products must comply with Article 11 of the Government’s Decree No. 43/2017/ND-CP of April 14, 2017, on goods labeling.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 15.Responsibilities of related agencies

1. The Directorate of Fisheries:

a/ To perform the state management of aquatic breeds, aquatic feed and aquaculture environment treatment products nationwide; to direct and provide professional guidance on management of aquatic breeds, aquatic feed and aquaculture environment treatment products;

b/ To conduct inspection of aquatic breeds, aquatic feed and aquaculture environment treatment products nationwide; to examine the performance of responsibilities of provincial-level state management agencies in charge of fisheries for aquatic breeds, aquatic feed and aquaculture environment treatment products;

c/ To provide professional training in inspection of conditions for facilities, collection of samples of aquatic breeds, aquatic feed and aquaculture environment treatment products; to provide organizations and individuals with training, communication and guidance on conditions for production and quality management of aquatic breeds, aquatic feed and aquaculture environment treatment products;

d/ To review, update and submit to the Ministry of Agriculture and Rural Development for promulgation the list of chemicals, bio-products and microorganisms banned from use in aquatic feed and aquaculture environment treatment products; and the list of chemicals, bio-products, microorganisms and feed materials permitted for use in aquaculture in Vietnam;

dd/ To receive information and grant codes under Article 13 of this Circular, and concurrently post on its website information on aquatic feed and aquaculture environment treatment products which is received from production or importing facilities before permitting the sale of products in the market in case the national fisheries database has not been developed.

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

a/ To perform the state management of aquatic breeds, aquatic feed and aquaculture environment treatment products in the localities; to conduct inspection of aquatic breeds, aquatic feed and aquaculture environment treatment products in the localities;

b/ To organize training in and disseminate the law on aquatic breeds, aquatic feed and aquaculture environment treatment products in the localities;

c/ To perform other tasks authorized by the Directorate of Fisheries in managing aquatic breeds, aquatic feed and aquaculture environment treatment products in the localities.

3. Facilities producing or importing aquatic feed and aquaculture environment treatment products:

a/ To update information on aquatic feed and aquaculture environment treatment products before they are sold in the market under regulations;

b/ To make biannual reports before June 20 and annual reports before December 20 every year according to the forms in Appendix VI to this Circular, on the production and import of aquatic feed and aquaculture environment treatment products.

4. Aquatic breed production or nursery facilities:

a/ To make biannual reports before June 20 and annual reports before December 20 every year according to the forms in Appendix VII to this Circular, on aquatic breed production and nursery;

b/ To send written notices of the use of parental aquatic breeds to provincial-level state management agencies in charge of fisheries for the latter to manage and supervise lifespans of aquatic breeds.

Article 16.Implementation provisions

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

2. This Circular replaces:

a/ The Minister of Fisheries’ Decision No. 10/2007/QD-BTS of July 31, 2007, promulgating the list of aquatic veterinary drugs and aquaculture environment treatment products permitted for circulation in Vietnam;

b/ The Minister of Fisheries’ Decision No. 06/2008/QD-BTS of January 18, 2008, modifying the list of aquatic veterinary drugs and aquaculture environment treatment products permitted for circulation in Vietnam;

c/ The Minister of Agriculture and Rural Development’s Decision No. 108/2008/QD-BNN of November 6, 2008, promulgating the added list of aquaculture environment treatment products permitted for circulation in Vietnam;

d/ The Minister of Agriculture and Rural Development’s Decision No. 123/2008/QD-BNN of December 29, 2008, promulgating the list of mixed feed used in aquaculture permitted for circulation in Vietnam;

dd/ The Minister of Agriculture and Rural Development’s Circular No. 57/2009/ TT-BNNPTNT of September 8, 2009, promulgating the added list of aquaculture environment treatment products permitted for circulation in Vietnam;

e/ The Minister of Agriculture and Rural Development’s Circular No. 67/2009/ TT-BNNPTNT of October 23, 2009, promulgating the added list of mixed feed permitted for circulation in Vietnam;

g/ The Minister of Agriculture and Rural Development’s Circular No. 71/2009/ TT-BNNPTNT of November 10, 2009, promulgating the added list of aquaculture environment treatment products permitted for circulation in Vietnam;

h/ The Minister of Agriculture and Rural Development’s Circular No. 74/2009/ TT-BNNPTNT of November 20, 2009, promulgating the added list of mixed feed permitted for circulation in Vietnam;

i/ The Minister of Agriculture and Rural Development’s Circular No. 12/2010/ TT-BNNPTNT of March 11, 2010, promulgating the added list of aquaculture environment treatment products permitted for circulation in Vietnam;

k/ The Minister of Agriculture and Rural Development’s Circular No. 13/2010/ TT-BNNPTNT of March 12, 2010, promulgating the added list of mixed feed permitted for circulation in Vietnam;

l/ The Minister of Agriculture and Rural Development’s Circular No. 64/2010/ TT-BNNPTNT of November 4, 2010, on the removal of products containing Trifluralin from the list of aquaculture environment treatment products permitted for circulation in Viet Nam;

m/ The Minister of Agriculture and Rural Development’s Circular No. 62/2011/ TT-BNNPTNT of September 14, 2011, promulgating the revised list of aquatic feed permitted for circulation in Vietnam;

n/ The Minister of Agriculture and Rural Development’s Circular No. 65/2011/ TT-BNNPTNT of October 5, 2011, promulgating the added list of aquaculture environment treatment products permitted for circulation in Vietnam;

o/ The Minister of Agriculture and Rural Development’s Circular No. 04/2012/ TT-BNNPTNT of January 16, 2012, on the removal of products containing Cypermethrin and Deltamethrin from the list of aquaculture environment treatment products and aquatic veterinary drugs permitted for circulation in Viet Nam;

p/ The Minister of Agriculture and Rural Development’s Circular No. 36/2012/ TT-BNNPTNT of July 30, 2012, promulgating the revised list of aquatic feed permitted for circulation in Vietnam;

q/ The Minister of Agriculture and Rural Development’s Circular No. 37/2012/ TT-BNNPTNT of July 30, 2012, promulgating the revised list of aquaculture environment treatment products permitted for circulation in Vietnam;

r/ The Minister of Agriculture and Rural Development’s Circular No. 26/2013/ TT-BNNPTNT of May 22, 2013, on management of aquatic breeds;

s/ The Minister of Agriculture and Rural Development’s Circular No. 08/2013/ TT-BNNPTNT of January 31, 2013, promulgating the revised list of aquatic feed permitted for circulation in Vietnam;

t/ The Minister of Agriculture and Rural Development’s Circular No. 09/2013/ TT-BNNPTNT of January 31, 2013, promulgating the revised list of aquaculture environment treatment products permitted for circulation in Vietnam;

u/ The Minister of Agriculture and Rural Development’s Circular No. 39/2013/ TT-BNNPTNT of August 12, 2013, promulgating the revised list of aquatic feed and aquaculture environment treatment products permitted for circulation in Vietnam;

uu/ The Minister of Agriculture and Rural Development’s Circular No. 11/2014/ TT-BNNPTNT of April 1, 2014, amending and supplementing Appendix 4 to the Minister of Agriculture and Rural Development’s Circular No. 26/2013/ TT- BNNPTNT of May 22, 2013, on management of aquatic feed.

3. This Circular annuls:

a/ The Minister of Fisheries’ Decision No. 176/QD-BTS of March 1, 2006, promulgating a provisional regulations on white leg shrimps;

b/ The Minister of Agriculture and Rural Development’s Decision No. 456 /QD-BNN-NTTS of February 4, 2008, prescribing conditions for white leg shrimp breed production and nursery;

c/ The Minister of Agriculture and Rural Development’s Decision No. 1673/QD-BNN-TCTS of July 22, 2013, promulgating regulations on management of parentaltrafish for breeding;

d/ The phrase “Saponin from tea seed powder, and Rotenone” with ordinal numbers 14 and 15 in Appendix XLIV to the Minister of Agriculture and Rural Development’s Circular No. 13/2016/TT-BNNPTNT of June 2, 2016, prescribing the management of veterinary drugs;

dd/ Clause 6 of Article 3, and Articles 31 and 32, of the Minister of Agriculture and Rural Development Circular No. 04/2015/TT-BNNPTNT of February 12, 2015, guiding the implementation of a number of contents 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 partners, in the fields of agriculture, forestry and fisheries;

e/ Contents on aquatic feed management in the Minister of Agriculture and Rural Development Circular No. 20/2017/TT-BNNPTNT of November 10, 2017, guiding the implementation of the Government’s Decree No. 39/2017/ND-CP of April 4, 2017, on management of livestock and aquatic feed.

Article 17. Transitional provisions

1. Aquatic feed and aquaculture environment treatment products the sale of which is certified before the effective date of this Circular may continue to be produced or imported until January 1, 2020, and be sold or used till the end of their lifespans.

2. Products containing Saponin from tea seed powder or Rotenone which are circulated under the Minister of Agriculture and Rural Development’s Circular No. 13/2016/TT-BNNPTNT of June 2, 2016, prescribing the management of veterinary drugs, before the effective date of this Circular may continue to be produced or imported until the expiry dates of certificates of veterinary drug circulation and be used till the end of their lifespans.

Article 18. Implementation responsibility

1. In case a document referred to in this Circular is amended, supplemented or replaced, the amending, supplementing or replacing document shall apply.

2. Any problems arising in the course of implementation of this Circular should be promptly reported to the Directorate of Fisheries for summarization and reporting to the Ministry of Agriculture and Rural Development for consideration and appropriate amendment and supplementation.-

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

*The appendices to this Circular are not translated.