Circular 50/2015/tt-Bnnptnt: Regulating The Certification, Validation Of Fisheries Exploitation

Original Language Title: Thông tư 50/2015/TT-BNNPTNT: Quy định việc chứng nhận, xác nhận thủy sản khai thác

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The CIRCULAR regulates the certification, validation of fisheries exploitation _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law of fisheries on November 26, 2003;
Pursuant to Decree No. 59/2005/ND-CP dated April 5, 2005 by the Government on business conditions in a number of industries and aquaculture;
Decree No. 14/2009/ND-CP dated 13 February 2009 the Government's amendments and supplements to some articles of Decree 59/2005/ND-CP;
Pursuant to Decree No. 33/2010/ND-CP DATED 31 March 2010 the Government managed fisheries exploitation activities of individual organizations, Vietnam on the seas;
Pursuant to Decree No. 53/2012/ND-CP dated 20 June 2012 of the Government revising, supplementing some articles of the Decree on fisheries;
Pursuant to Decree No. 199/2013/ND-CP on November 26, 2013 of government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;
At the suggestion of the General Director of the Bureau of fisheries and Director quality management products and fisheries, Minister of agriculture and rural development issued a circular regulating the certification, validation of fisheries exploitation.
Chapter I GENERAL PROVISIONS article 1. Scope this regulation circular sequence, procedure, content validation, raw material, certification and confirmation of commitment to fisheries products originating from fisheries to mining exports in markets requesting certification.
Article 2. Application object 1. This circular applies to organizations, individual mining, purchasing, processing, export and import of fishery products for processing exports in markets requesting certification of fisheries exploitation.
2. This circular do not apply to fisheries exploitation and aquaculture products in the category specified in annex I attached to this circular.
Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. raw material confirmation of fisheries exploitation: is the Agency's verification authority for fisheries exploiting raw materials does not violate the regulations on illegal mining, not reported and are not as a rule.
2. Certificate of fisheries exploitation: is the Agency's certification authority for export shipments are processed from raw seafood exploitation does not violate the regulations on illegal mining, not reported and are not as a rule.
3. Confirm commitment to fisheries products originating from aquaculture: is the Agency's verification authority for shipments made from importing exploiting fisheries do not violate the regulations on the exploitation of illegal fisheries, not reported and are not as a rule.
4. The tap: is that sea fishing vessel conducting fisheries exploitation in time of a sea voyage.
5. extraction time: is the time period from the date of fishing vessel started fishing stuff drop to tap on the end of fishing vessel to collect fisheries instruments (calculated for each sea trip).
6. certificate of shipment: shipment is authorized certification agency for exports into the market that requires the certification of fisheries exploitation.
7. Transfer at sea: is the transfer of a part or the whole of fisheries exploitation from a fishing vessel to another fishing vessel.
8. Owners: is the seafood shipments offer is certified fisheries exploitation, confirm materials fisheries exploitation, confirmed the commitment of fisheries products originating from aquatic products export to tapping into the market that requires the certification of fisheries exploitation.
9. competent authority: the Central Bureau of fisheries, agriculture and forestry quality aquatic products Department.
Article 4. The operations of illegal fisheries, not reported and no prescribed illegal mining, not reporting and not according to the rules (hereinafter referred to as illegal mining) is one of the following circumstances: 1. the exploitation of aquatic products without a license the exploitation of fisheries or improperly exploit the content specified in the license for the exploitation of fisheries.
2. Do not write reports or logs, filing exploit fisheries according to the regulations.
3. Tap in the mining zone, during prohibition of exploitation; extraction, transport or bring aboard banned exploitation of fisheries; exploitation of the species have smaller size specified exceeds the allowed rate.
4. Use the kind of profession, fisheries extraction tools is prohibited or not properly regulated.
5. the concealing, forging or destroying the evidence of violation of the regulations relating to the exploitation and protection of aquatic resources.
6. Prevent, fight for the implementation, monitoring, checking for compliance with the provisions on the exploitation and protection of aquatic resources of officers are assigned the task.
7. Transfer at sea, assistance, responders, join operations with illegal mining fishing vessel.
8. In the administration of the fisheries management organization of the region and other countries that do not have a valid mining licence.
Article 5. Authorities confirmed, certification 1. Bureau of fisheries regulations in annex II attached to this circular to conduct the check, verification of raw materials; certified fisheries extraction and check illegal mining activities.
2. Center the quality of agriculture and forestry fisheries the regulations in Appendix III attached to this circular make check, confirm commitment to export fisheries products originating from aquatic products importing exploiting.
Chapter II PROCEDURES for CONFIRMING the CERTIFICATION of FISHERIES EXPLOITATION, article 6. Material confirmation of fisheries exploitation 1. Shippers wishing to certify seafood raw materials exploitation filed 02 (two) material certification of fisheries exploitation (according to the model in annex IV attached to this circular) directly or by post to the competent agency specified in clause 1 5 of this circular Thing where owners have purchased raw materials.
2. In time not more than 2 (two) working days from the date of the proposed verification of raw materials extraction, fisheries authorities to check the authenticity of the information already in the raw material certification of fisheries exploitation and implementation: a) confirm when the correct content of the shipment with declared in the raw material certification of fisheries exploitation and charged 01 (a) a for the export server, 1 (a) a save in authorities;
b) did not confirm when the shipment contents are not properly declared in the raw material certification of fisheries exploitation or use of materials from the fishing vessel to fish in illegal mining ship. The case does not endorse the material exploitation of fisheries must have text reply shippers and stating the reason.
3. Authorities charged results directly or by post to the shippers.
Article 7. Certified fisheries exploitation 1. Shippers wishing to exploit fisheries certification filed 02 (two) to one of the authorities specified in clause 1 5 of this circular Thing where confirmed raw seafood exploitation directly or by post to recommend certification of fisheries exploitation.
2. the recommended records certified fisheries exploitation include: a) Model certificates of fisheries exploitation (as specified in Appendix V attached to this circular) or other certificate model according to the requirements of the importing jurisdiction Agency. The case of shipment using raw materials from more than 1 (one) or ship the raw materials purchased from 1 (one) vessel but is processed into various shipment then must be accompanied by the additional information specified in annex V in Va appendix attached herewith;
b) affidavit Appendix transport information (according to the model specified in annex V in Vb appendix attached herewith);
c) copy of the capture material certification of fisheries exploitation.
3. During the time of no more than 2 (two) working days from the date of the profile of the shippers, the Agency jurisdiction to review your profile, check the information in the certificate of fisheries exploitation and implementation: a) the certificate when the shipment contents are true to the Declaration in the certificate of fisheries exploitation and charged 01 (a) record for shippers , 1 (a) the competent authorities;
b) No certification when the shipment contents are not true to the Declaration in the profile or use materials from the fishing vessel to fish in illegal mining ship. Where does the certificate have to be home and answer text stating the reason.
4. Authorities charged results directly or by post to the shippers.
Article 8. Back to certification of fisheries exploitation 1. The only certification authority when the certificate of fisheries exploitation broke, not intact.
2. Shippers need certified fisheries exploitation again filed 02 (two) record directly or by regular mail to the provincial authorities have certified fisheries exploitation prescribed in clause 1 5 of this circular to the certification proposal.
3. the recommended review certification profile of fisheries exploitation include: a) petition certified fisheries exploitation again (as defined in Appendix VI attached to this circular);
b) Model certificates of fisheries exploitation (as specified in Appendix V attached to this circular) or other certificate model according to the requirements of the jurisdiction where the body;
c) certificate of broke, not intact.
4. Order made under paragraph 3 article 7 of this circular.
5. the competent authorities when the new certificate must have the number coincides with the number of certificates issued and must show evidence of the certificate level (as defined in section 1.2 Appendix VII attached to this circular).
6. Authorities charged results directly or by post to the shippers.
Article 9. Confirm commitment to export fisheries products originating from importing exploiting fisheries 1. Shippers wishing to export goods produced from imported exploit fishery filed 02 (two) record directly or by post to the authorities (prescribed in clause 2 5 of this circular) to recommend confirmation.
2. recommended profiles confirmed are: a) the exploitation of fisheries certificate (original or copies);

b) certificate of commitment aquatic product exports derived from aquatic products importing exploiting (according to the form prescribed in annex VIII, attached to this circular) or paper form to confirm the commitment of fisheries products originating from the fisheries exploiting other exports at the request of the importing country authorities.
3. Do not confirm if shippers don't meet the regulations of importing States about the commitment of fisheries product exports derived from aquatic products importing exploiting. The case does not confirm the authority must have a written answer owners stating the reason.
4. procedures to confirm commitment to export fisheries products originating from aquatic products importing exploiting be combined simultaneously with the testing procedures, the certificate for the shipment of fisheries export is specified in circular No. 47/2013/TT-BNNPTNT on 12/11/2013 on check food safety certification, aquatic products export.
Chapter III to CHECK ILLEGAL MINING ACTIVITIES in article 10. To check illegal mining activities 1. Test object: the fishing vessel provided the raw materials for processing exports in markets requesting certification of fisheries exploitation.
2. Agency: Bureau of fisheries province/city is defined in paragraph 1 of article 5 of this circular.
3. test principle: a) check as planned or irregularly;
b) according to the principles of risk assessment, on the basis of ensuring the inspection not less than 5% of the total number of times the port, Ben fish average in a year.
4. Heads check issued to form Unions check, which stated the scope, content, location, name, check the title of the head of the delegation and the members of the delegation. Decided to set up the test Group should be announced at the venue to conduct inspection before starting the test.
5. check the content: as defined in article 4 of this circular.
6. After the end of the test, the test Crew set the minutes (in the form prescribed in annex IX attached to this circular) and announce the test results for test subjects. A check is made in 2 (two) copies have equal value, each holding 1 (a). If the test detects fishing vessel have illegal mining operations as defined in article 4, the Agency made one of the following actions: a) do not endorse material fisheries exploitation, exploitation of fisheries certification for fisheries products exploitation of fishing vessel violating since announcing the test results or ship the fish to the list of ships fisheries exploiting fish illegally and send this list to the General Department of fisheries to be posted on electronic information page of the General Department of fisheries;
b) Transfer of records to Agency to continue processing according to the provisions of the law.
Article 11. Ship the fish out of the list of fish to illegal mining ship 1. Authorities put the fishing vessel out of the list of vessels fishing illegally mining in the following cases: a) the fishing vessel is deleted;
b) After the time limit for 2 (two) years from the date the ship the fish to the list of illegal mining fishing vessel when the fishing vessel did not violate the provisions of article 4 of this circular.
2. When a fishing vessel owners have made the remedy acts of illegal exploitation need ship the fish out this list before the deadline specified in point b of paragraph 1 of this article, follow the sequence of the procedure provided for in article 12 of this circular.
Article 12. Order and procedure of ship the fish out of the list of fish to illegal mining ship 1. The shipowner applicant according to the form prescribed in annex X attached to this circular directly or by post to the authorities where the fishing vessel registration.
2. No more than 5 (five) working days from the date of the application, the competent authorities check the remedy for violation of the illegal exploitation of the shipowner and the written message about putting fish in the boat out of the list of fish to illegal mining ship. This message is sent to the Directorate of fisheries in order to bring out the list tap illegal fishing vessel at the latest after 10 working days from the date of notification; the case does not agree to answer in writing and stating the reason.
3. Agency for accepting paid results for ship owners directly or by post.
Chapter IV RESPONSIBILITY and AUTHORITY of the ORGANIZATION, the individual article 13. The Mission of the Directorate of fisheries 1. Advocacy organisation, guiding the implementation of this circular.
2. Organization of training, professional training for objects related to the inspection, verification, certification of fisheries exploitation.
3. Inspect the implementation of validation, certification of fisheries exploitation of organizations and individuals involved.
4. Hosted, in cooperation with the relevant bodies Exchange, negotiations with foreign authorities in cooperation, exchange of information, handling of problems related to the certification of fisheries exploitation and confirm commitment to export fisheries products originating from aquatic products importing exploiting.
5. Upload the list of vessels fishing illegally mining on electronic information page of the Directorate of fisheries.
6. Six (six), reported the Ministry of agriculture and rural development on activity check, validation, certification of fisheries exploitation.
Article 14. The Mission of the Department of management of the quality of agricultural products and fishery products 1. The direction, implementation system for professional activities, career service; periodically check, monitoring of activities related to the check, confirm commitment to export fisheries products originating from aquatic products importing exploiting.
2. Unity of professional management; refresher training for staff to perform the check, confirm commitment to export fisheries products originating from aquatic products importing exploiting.
3. Six (six), reported the Ministry of agriculture and rural development on activity check, confirm commitment to export fisheries products originating from aquatic products importing exploiting.
4. Direct the quality Center of agriculture and forestry aquatic products Department: a) performs the validation commitment to export fisheries products originating from aquatic products importing exploiting as stipulated in article 9 of this circular;
b) guide server imports do confirm commitment to export fisheries products originating from aquatic products importing exploiting;
c) report quality management Bureau of agriculture and forestry production and fisheries under the provisions;
d) records confirm commitment to export fisheries products originating from aquatic products importing exploiting within 3 (three) years from the date of confirmation.
Article 15. The Mission of the Department of agriculture and rural development of the province, the coastal city of 1. Steer, guide and check the implementation of this circular to provincial authorities stipulated in article 5 clause 1 of this circular.
2. Advocacy, dissemination, guidance and examine the implementation of this circular in the assigned management.
3. the Chief of the provincial people's Committee to ensure funding, human resources and the related conditions for the activities of the authorities about the validation, certification of fisheries exploitation.
4. Bureau of fisheries: a) resolving and handling of records related to the certification, certification of fisheries exploitation, ship the fish in and out of the list of vessels fishing illegally mining;
b) owners Guide, the owner of the ship, the captain performed the work related to the validation and certification of fisheries exploitation;
c) set up and announced the list of fish to illegal mining ship for the General Department of fisheries;
d) archive records relating to the certification, certification of fisheries exploitation within 3 (three) years from the date of confirmation, certified;
DD) in collaboration with the General Directorate of fisheries that receive, process, verify the information related to the validation, certification of fisheries exploitation at the request of foreign authorities;
g) updated and sent to the Directorate of fisheries organization changes, personnel (stamp and signature) of the Agency to inform the authorities of foreign countries;
h) periodically before the 25th every month or as requested by the General Department of fisheries report of the situation confirmed, certified fisheries exploitation, the exploitation of illegal fishing vessel. Sample report as specified in annex XI attached herewith;
I) ask the captain, the shipowner or the shipowner's representative, shippers provide relevant information for checking, validation, certification of fisheries exploitation.
Article 16. Responsibility of the management of fishing port offers information related to the fishing vessel moored, unloading raw materials exploited fisheries at the port for the authorities specified in article 5 of this circular.
Article 17. The responsibility and authority of the captain, the owner of fishing vessel 1. Provide true, complete relevant information stated in the certificate, the certificate of fisheries exploitation for shippers; to sign and take responsibility for the information provided.
2. Perform the operations of fisheries under the provisions of the law.
3. Facilitate the inspection Group, check the task.
4. The shipowner has the right to suggest the authorities provide the provisions related to the certification, certification of fisheries exploitation, ship the fish out of the list of vessels fishing illegally tapping.
Article 18. The responsibilities and powers of owners 1. Provide true, complete relevant information stated in the certificate, the certificate of fisheries exploitation, confirmed the commitment of fisheries products originating from aquatic products export to mining; to sign and take responsibility for the information provided.
2. Filing confirmation, certified within a period of 3 (three) years from the date of validation, certification.
3. Cooperation with the authorities in providing information, solving the problems of the authorities of the importing country for export shipments.
4. Create conditions for checking, inspection tasks.
5. The owner has the right to suggest the authorities provide the provisions related to the certification, certification.
6. Suggest authorities where purchased raw material confirmation of fisheries exploitation.
7. Chosen one of the authorities has confirmed that aquatic materials exploitation to deadline to recommend certification of fisheries exploitation.
Chapter V IMPLEMENTATION article 19. Transitional provisions

Material certificate of fisheries exploitation has to be done before this circular effect shall remain of value to certification of fisheries exploitation as defined in this circular.
Article 20. Terms of implementation 1. This circular is effective as from 15 February 2016.
2. This circular replaces circular 28/2011/TT-BNNPTNT on April 15, 2010 of the Ministry of agriculture and rural development regulation the certification, validation of fisheries exploitation of exports on the European market.
3. The referenced text to apply in this circular as modified, supplemented or replaced, then the referenced, apply in writing to modify supplement or replace it.
4. The Agency was tasked to check, confirm the material; certified and confirmed the commitment of fisheries products originating from aquatic products export to tapping into the market that requires certification, estimating annual funding, the approval authority to implement.
5. in the implementation process, if there are problems or obstacles, the bodies, timely reports on the Unit Of the fisheries Bureau or the Bureau of quality management products and aquatic products to General, reporting to the Minister of agriculture and rural development, review the decision.