Circular 11/2015/tt-Bnnptnt: Regulatory Risk Assessment For Aquatic Life Use As Food Imports

Original Language Title: Thông tư 11/2015/TT-BNNPTNT: Quy định đánh giá rủi ro đối với thủy sản sống nhập khẩu dùng làm thực phẩm

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The CIRCULAR stipulated risk assessment for aquatic life use imported food _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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;
Pursuant to the law of fisheries in 2003;
Pursuant to the law of Commerce in 2005;
Pursuant to the law of biodiversity in 2008;
Pursuant to the law on environmental protection in 2014;
Pursuant to Decree No. 187/2013/ND-CP dated 20/11/2013 of government regulation in detail Trade Law enforcement on the international sale of goods and the activities of agents, buying, selling, processing and transiting goods with foreign countries;
At the suggestion of the General Director of the Bureau of fisheries, the Minister of agriculture and rural development issued circulars stipulated risk assessment for aquatic life use as food imports.   
Chapter I GENERAL PROVISIONS article 1. Scope and subject to this circular regulates the content, methods of risk assessment and management for live seafood imported into Vietnam as food includes aquatic species not yet named in the following list: list of live aquatic species imported as food; The alien invasive species; Exotic species are at risk of harm.
Article 2. The object that applies to this circular apply to management agencies, organizations and individuals who have direct or activities related to import live seafood business, used as food.
Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. "risk" is likely to cause the impact can be harmful to biodiversity, the environment and humans from shipping activities, preserving, storing, processing, importing live seafood consumption as food.
2. "risk of harm" is the existing risks, if happen would be harmful to biodiversity, the environment and humans from shipping activities, preserving, storing, processing, importing live seafood consumption as food.
3. "risk assessment of aquatic life" imported to Vietnam as food (hereafter referred to as risk assessment) is the activity in order to determine what adverse effects can happen to people and the environment in the activities related to the import of live animals used as food.
4. "the life aquatic" is the animals, aquatic plants can grow and develop.
5. "life aquatic food" is the animals, live aquatic plants used to make food for humans.
Chapter II RISK ASSESSMENT of AQUATIC LIFE USE AS FOOD article 4. The content and methods of risk assessment 1. Contents a risk assessment) the ability to survive in the environment, the ecological region in Vietnam.
b) likely to become animals, invasive or invasive risk and the ability to compete for food with native aquatic species.
c) ability of imported seafood products bred with native aquatic species.
d) the risk of spreading germs to the indigenous fisheries, people.
(The main criteria to assess risks according to the content on the provisions in annex I attached to circular)
2. a risk assessment methods) reviews by the method of expert: is a method of collecting and processing the forecasting by aggregating and consult the experts. Hence, given the objective conclusions on the subject of aquatic life as food imports.
b) reviews based on organization profile, personal risk assessment recommendations provided on characteristics growth, reproduction, survival, and reproduction diseases on the object evaluated compared to the material on the biological characteristics of the object risk assessment have been widely published.
Article 5. The Council risk assessment 1. Organize a Council) the Council is held by the General Director of the Bureau of fisheries established to advise the Director General put out the conclusion on whether to enter or not to enter the live aquatic species and recommended risk management measures must be implemented for imported aquatic species as food.
b) the Council consists of 7-9 members including the Chairman, Vice-Chairman, Member of the Secretariat, the Commissioner and other Commissioners. Board members are professionals who have knowledge and experience in areas such as fisheries, biodiversity, study type, environment, aquaculture, aquatic diseases have at least 3 years of experience.
2. Activities of the Council a working Council) under the principle of democracy, objectivity; personal responsibility about computer science, accuracy with regard to the comments received, independent reviews and collective responsibility of the General conclusions of the Council.
b) session of the Council by the President of the Council to convene and must ensure there is at least 2/3 of the total members of the Board attended. The case of the absence of the Chairman, the Vice Chairman of the delegation of Executive Council meetings.
c) the Council may invite representatives of organizations, individuals living seafood import food to attend the session to provide additional information, answers to questions of the members of the Board.
d) the Council has the task of conducting risk assessment of live seafood imports used as food by the contents and the method stipulated in article 4 of this circular. The Council put out the conclusion and recommended risk management measures must be implemented with respect to aquatic species, living the Council concluded there is no risk of invasive, qualify as food imports (risk assessment report Template specified in Appendix II attached circular).
3. The liability of the members of the Board a) full participation in the meetings of the Council, have the comments received in writing.
b) document management is provided, ensure no loss, do not transfer information to third parties and return the documents at the request of the Directorate of fisheries after the completion of the task.
4. operational funding funding for the Council's activities by organizations, individuals living seafood import pay prescribed in regulations topics, science and technology project of the Ministry of agriculture and rural development attached to decision No 36/2006/QD-BNN on May 15, 2006 of the Minister of agriculture and rural development.
Chapter III MANAGEMENT of AQUATIC LIFE is LICENSED to IMPORT FOOD AS article 6. General requirements 1. Import activities, aquatic life business as food must comply with strict preventative measures, handle and overcome risks in the management plan of monitoring imports Of aquatic Bureau approval.
2. where the risk occurs during the import operation, live seafood business, leading to the species of seafood imports are likely to become invasive, animals or risk harassment, the basis of import, transport, storage, keeping, processing, consumption, shipment must promptly report to the governing body of the local aquaculture and the Directorate of fisheries to take measures to handle.
3. in case of the detection of invasive or invasive risk in other countries on the aquatic life use objects as food has been licensed to import, the import registration facility is responsible for promptly notify the governing body of the local aquaculture and fisheries administration to take measures to handle the report, Ministry of agriculture and rural development.
Article 7. Transport, storing, preserving, processing and consumption of 1. Aquatic life use imported food must be transported, stored in quarantine, preserved, processed, consumed in terms consistent with the aquatic life and each object not to the losses out of the environment.
2. During transport, storing, preserving, processing, consuming aquatic life use as food, organize, import personal responsibility to check, periodic inventory. The test results, inventory must be kept in the records of the base notes.
3. do not raise livestock, aquatic life use as dispersal of food out of the natural environment and aquaculture environment.
4. where the loss occurred during transportation, storing, preserving, processing and consumption of individual organizations, to implement immediately the measures to recover the total amount of aquatic life suffer loss and treated with appropriate measures, and at the latest within two working days to report the agency manages the local aquaculture and Marine Directorate property.
Chapter IV RESPONSIBLE for the IMPLEMENTATION of article 8. The Directorate of fisheries 1. Guide organization, implementation of this circular.
2. Host perform risk assessment, in cooperation with organizations and individuals concerned implementation of risk management measures, periodic General information, reviews results implemented risk management measures in import of aquatic life uses as food and propose adjustments where needed.
3. the six month, report to the Minister of agriculture and rural development, the implementation of this circular.
Article 9. The agency manages the local aquaculture 1. Implementation monitoring program managed the shipment of live seafood imports used as food by the Organization, individuals register on import management.
2. Six month statistics and the report Of the Bureau of fisheries monitoring implementation, manage the shipment of live seafood imports as local food management.
Article 10. The Organization, the individual importing, distributing, transporting, storing, preserving, processing, consuming aquatic life use as food 1. Compliance Executive, registration, implementation of risk management and subject to inspection, supervision of the competent authorities under the provisions of this circular.
2. Submission of the prescribed fees.
Chapter V IMPLEMENTATION article 11. Terms of implementation 1. This circular is effective from 11/5/2015.
2. During the implementation process, if there are problems, difficulties or new problems arise, the individual organizations concerned timely reflection on the General Directorate of fisheries to the Minister of agriculture and rural development to consider additional amendments./.