Decree No. 55/2017/ND-CP dated May 09, 2017 of the Government on the management of Tra catfish farming and processing and export of Tra catfish products

DECREE

On the management ofTracatfish farming and processing and export ofTracatfish products[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 26, 2003 Fisheries Law;

Pursuant to the June 14, 2005 Commercial Law;

Pursuant to the June 29, 2006 Law on Standards and Technical Regulations;

Pursuant to the November 21, 2007 Law on Product and Goods Quality;

Pursuant to the June 17, 2010 Law on Food Safety;

Pursuant to the November 26, 2014 Investment Law;

At the proposal of the Minister of Agriculture and Rural Development;

The Government promulgates the Decree on the management of Tra catfish farming and processing and export of Tra catfish products.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree prescribes the management ofTracatfish farming and processing and export ofTracatfish products.

Article 2.Subjects of application

This Decree applies to Vietnamese organizations and individuals and foreign organizations and individuals involved inTracatfish farming and processing and export ofTracatfish products in the Vietnamese territory.

Chapter II

TRACATFISH FARMING AND PROCESSING AND EXPORT OFTRACATFISH PRODUCTS

Article 3.Conditions for commercialTracatfish farming

1. HavingTracatfish farming locations and areas in conformity with land use master plans approved by provincial-level People’s Committees.

2. Having infrastructure facilities meeting technical requirements on commercialTracatfish farming; separate water supply and drainage systems; and waste and sludge disposal areas meeting requirements on environmental protection and veterinary hygiene.

3. Satisfying the conditions for food safety assurance prescribed in the law on food safety.

4. Possessing a certificate ofTracatfish farming pond identification code as prescribed in Article 4 of this Decree.

Article 4.Registration of commercialTracatfish farming pond identification codes

1. Farming pond identification codes:

An identification code consists of 11 digits structured asAA-BB-CCCC-DDD, in which:

AA: code of a province or centrally run city used in the management of aquaculture (Appendix I to this Decree);

BB: code of a farmed fish (01 forTracatfish);

CCCC: granted ordinal number of aTracatfish farm, from 0001 through 9999;

DDD: granted ordinal number of aTracatfish farm, from 001 to 999.

2. Provincial-level aquaculture management agencies shall grant farming pond identification codes. Each farming pond shall be granted only one code.

3. The owner of a farm shall register an identification code of its/his/her farming pond for the first time, the re-registration is required upon change of the farming pond owner or pond area.

4. Registration dossier:

a/ A dossier for initial registration must comprise a registration form for a farming pond identification code (made according to Form No. 1 in Appendix II to this Decree ) and a copy of the layout map of the farming pond;

b/ A dossier for re-registration must comprise a registration form for re-grant of a farming pond identification code (made according to form No. 2 in Appendix II to this Decree), the original certificate of commercialTracatfish farming pond identification code which is requested to be re-granted, and a copy of the layout map of the farming pond.

5. Order of implementation:

a/ A farm owner shall submit 1 set of dossier specified in Clause 4 of this Article to the provincial-level aquaculture management agency;

b/ Within 1 working day after receiving a dossier, the provincial-level aquaculture management agency shall guide the farm owner to supplement contents which are not yet included or improperly declared in the dossier;

c/ Within 2 working days after receiving a valid dossier, the provincial-level aquaculture management agency shall grant a certificate of commercialTracatfish farming pond identification code (Appendix III to this Decree); keep 1 set of the dossier and send another set to the farm owner. In case of refusal to grant an identification code, the provincial-level aquaculture management agency shall reply to the farm owner in writing, clearly stating the reason.

Article 5.Condition forTracatfish processing

1. Satisfying the business investment conditions prescribed in Article 21 of the Government’s Decree No. 66/2016/ND-CP of July 1, 2016, prescribing business investment conditions in the fields of plant protection and quarantine; plant varieties; farming of ordinary forest animals; husbandry; fisheries; and food.

2. Complying with the regulations and technical regulations on conditions for food safety assurance in aquatic product processing.

3. Possessing a certificate of satisfaction of food safety conditions granted by a competent state management agency.

4. Having an origin tracing system as prescribed by law and being capable of tracing to the farm.

Article 6.Conditions on food quality and safety ofTracatfish products

1. Raw-materialTracatfish used for processing must be farmed at commercialTracatfish farms meeting the conditions prescribed in Article 3 of this Decree.

2.Tracatfish products must meet the regulations and technical regulations on food quality and safety.

3. The labeling ofTracatfish products must comply with the law on goods labeling regarding processed foods.

Article 7.Conditions for export ofTracatfish products

1.Tracatfish products for export must be processed atTracatfish processing establishments satisfying the conditions prescribed in Article 5 of this Decree. If exporters do not haveTracatfish processing establishments satisfying the conditions prescribed in Article 5 of this Decree, they must satisfy either of the following conditions:

a/ Entering into contracts on purchase ofTracatfish products processed atTracatfish processing establishments satisfying the conditions prescribed in Article 5 of this Decree;

b/ Entering into processing contracts with owners of processing establishments satisfying the conditions prescribed in Article 5 of this Decree.

2.Tracatfish products for export must satisfy the conditions prescribed in Article 6 of this Decree and the regulations of importing countries. In case regulations of an importing country are different from Vietnamese regulations, the former shall prevail.

3. The customs order and procedures for exportedTracatfish products must comply with the Customs Law. Organizations and individuals are not required to produce papers proving the satisfaction of the conditions prescribed in Clauses 1 and 2 of this Article to the customs offices when carrying out the procedures for exportingTracatfish products.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 8.Responsibilities of related ministries and sectors

1. The Ministry of Agriculture and Rural Development shall:

a/ Assume the prime responsibility for formulating and promulgating national standards and technical regulations onTracatfish farming and processing and export ofTracatfish products in accordance with the law on standards and regulations;

b/ Guide, examine and supervise the grant of farming pond identification codes by provincial-level aquaculture management agencies;

c/ Direct, guide and organize the examination and grant of certificates of satisfaction of food safety conditions toTracatfish farming and processing establishments; examine and supervise the quality of farmed and processedTracatfish and exportedTracatfish products according to its competence;

d/ Guide the tracing of origin ofTracatfish products as prescribed by law;

dd/ Direct and guide the formulation and implementation of environmental management plans and programs on control ofTracatfish diseases;

e/ Build the national database onTracatfish farming and processing and export ofTracatfish products;

g/ Assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade, Ministry of Foreign Affairs and related ministries and sectors in, giving opinions on and handling issues related to technical barriers and trade promotion for the export ofTracatfish products;

h/ Guide, inspect, examine, and handle violations in,Tracatfish farming and processing and export ofTracatfish products according to its competence.

2. The Ministry of Industry and Trade shall:

a/ Assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development, Ministry of Foreign Affairs and related ministries and sectors in, giving opinions on and handling commercial disputes related to the export ofTracatfish products;

b/ Examine and supervise the implementation of this Decree under the commercial law.

3. The Ministry of Foreign Affairs shall coordinate with the Ministry of Industry and Trade, Ministry of Agriculture and Rural Development and related ministries and sectors in giving opinions on and handling issues related to commercial disputes, technical barriers and trade promotion for the export ofTracatfish products.

4. The Ministry of Finance shall direct the General Department of Customs in summing up and reporting on the import and export ofTracatfish products on the 20^thday of every month (according to the forms in Appendices IV and V to this Decree) to the Ministry of Agriculture and Rural Development and Ministry of Industry and Trade.

Article 9.Provincial-level People’s Committees

1. To prescribe locations and areas for commercialTracatfish breeding and farming in conformity with land use master plans of their localities.

2. To direct their local aquaculture management agencies to grant or re-grant commercialTracatfish farming pond identification codes.

3. To direct related units in organizing theTracatfish farming and processing and export ofTracatfish products in their localities in accordance with law.

4. To direct related units in organizing the inspection and examination of handling of violations inTracatfish farming and processing and export ofTracatfish products in localities according to their competence.

5. To report to the Ministry of Agriculture and Rural Development onTracatfish farming and processing and export ofTracatfish products in their localities on a monthly, quarterly or yearly basis or upon request.

Article 10.Related business societies and associations

1. To guide their members to comply with the regulations onTracatfish farming and processing and export ofTracatfish products.

2. To organize trade promotion, analysis, forecast and provision of information onTracatfish product export markets.

3. To coordinate with functional agencies in promoting export activities, and settling commercial disputes and technical barriers related toTracatfish farming and processing and export ofTracatfish products.

4. To support, and provide information onTracatfish farming, processing and markets to,Tracatfish farmers, processors and exporters.

Article 11.Tracatfish farmers, processors and exporters

1. To comply with the regulations on management ofTracatfish farming and processing and export ofTracatfish products under this Decree and relevant legal documents.

2. To archive dossiers of tracing of origin ofTracatfish products for 24 months from the date of harvest or export.

3. To take responsibility before law for their acts and violations inTracatfish farming and processing and export ofTracatfish products.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 12.Transitional provisions

Certificates of commercialTracatfish farming pond identification codes granted under the Government’s Decree No. 36/2014/ND-CP of April 29, 2014, onTracatfish farming and processing and export ofTracatfish products, remain valid.

Article 13.Effect

1. This Decree takes effect on July 1, 2017.

2. This Decree replaces the Government’s Decree No. 36/2014/ND-CP of April 29, 2014, onTracatfish farming and processing and export ofTracatfish products.

Article 14.Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related agencies shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* All appendices to this Decree are not translated.