Decree 36/2014/nd-Cp: About Raising, Processing And Export Of Fish Products Inspection

Original Language Title: Nghị định 36/2014/NĐ-CP: Về nuôi, chế biến và xuất khẩu sản phẩm cá Tra

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The DECREE About farming, processing and exporting Pangasius _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law of fisheries on November 26, 2003;
Pursuant to the law on quality of goods and products on June 17, 2010;
Pursuant to the law on food safety, November 21, 2007;
Commercial Law base on June 14, 2005;
According to the recommendation of the Minister of agriculture and rural development, the Government issued Decree on raising, processing and export of fish.
Chapter I GENERAL PROVISIONS article 1. Scope of this decree regulating the breeding, processing and export of fish.
Article 2. The object of this Decree apply apply to organizations, individuals and organizations, Vietnam, foreign individuals are related to farming activities, processing and export of fish on the territory of Vietnam.
Chapter II LIVESTOCK, FISH PROCESSING INVESTIGATIONS article 3. Planned breeding, fish processing Investigation 1. Planning guidelines: a) planned breeding, fish processing Check must promote the advantages and potential of the locality, in line with consumption capacity on domestic and foreign markets;
b) detailed planning, processing of Pangasius in each locality must match with the overall planning of breeding Pangasius processing;
c) planned breeding, fish processing Check must match economic development planning, social in every locality.
2. planning: a) content analysis of natural conditions, the social-economic impact of raising, processing and consumption;
b) reviews the current state of raising, processing and consumption;
c) analysis, evaluation, demand forecasting, pricing and competitive ability of Pangasius in Vietnam in domestic and foreign markets;
d) define area, output of fish breeding Tra; the capacity of the fish processing facility Tra;
DD) identify technical solutions, mechanisms and policies to implement the master plan;
e) identify environmental solutions implementing feed, fish processing.
3. Authority to set, planning: a) the Ministry of agriculture and rural development, in collaboration with the ministries and the local establishment, approval of the master plan of breeding Pangasius processing;
b) based on the master plan for livestock, fish processing is the Ministry of agriculture and rural development, the people's Committee approval the province or city level, recheck the organization planning the details of raising, fish processing at local.
4. the State has a policy of encouraging the link farming, processing and exporting Pangasius; infrastructure investment in the breeding, fish processing service infrastructure Inspection in accordance with the adopted plans, fish processing is approved.
Article 4. Fish farming facility conditions commercial Test 1. Location, an area of breeding Pangasius products must match the planned breeding, fish processing has been the provincial people's Committee for approval.
2. the governing body of the local aquaculture confirms the registration area and yield Survey commercial fish farming.
3. The basis of breeding Pangasius products must ensure regulations, technical regulation on aquaculture; is the governing body of the local aquaculture certification, code-level identification of breeding Pangasius commercial basis.
4. Use the breed, feed, veterinary medicines, probiotics, microorganisms, chemicals in accordance with the law.
5. Until 31 December 2015 the base feed commercial Pangasius must apply and be certified for good aquaculture practices as VietGAP or international certificate suitable regulation of the law of Vietnam.
Article 5. The condition of fish processing establishments 1. Have a business registration certificate on food processing aquatic products by the State administration authorities according to the provisions of the law.
2. Check fish processing establishments are located in the planned breeding, fish processing has been the provincial people's Committee approval or approval.
3. adopt measures that serves fish product traceability Check processing.
4. Application of the quality management system, implementation of the regulations on technical regulation, ensure food safety and hygiene in production, trade and fisheries are competent bodies certified seafood processing establishments eligible to insure food safety.
5. Quality assurance has announced for the fish products Inspection factory; Test yourself and take responsibility for the quality of fish products has announced; make labeling of goods according to the provisions of the law.
6. fish processing establishments Investigate new building, to be the Ministry of agriculture and rural development to check eligibility, recognition of food safety before the operation.
Article 6. Terms of quality, food safety and hygiene for the fish products processing Test 1. Shark catfish serves raw fish processing Check must be reared from fish farming commercial Test facility that meets the conditions specified in article 4 of this Decree.
2. Check fish processing products must meet the provisions of quality, food safety and hygiene and Vietnam's seafood importer.
3. for the processing of fish products, frozen fillet catfish: a) the use of chemicals, additives and processing aid under the provisions of the law of Vietnam and in accordance with the regulations of the importing country;
b) ratio of glazing (glazing water ratio on total weight) for the fish products Inspection for export must conform to the regulations of the importing country. In other cases the rate of glazing may not exceed 10%;
c) maximum water content does not exceed 83% compared with net weight (mass of Pangasius fillet after removing layers of glazing) of the product.
4. In addition to complying with the current regulations of Vietnam and the country imports about food labelling, on product labels of frozen fillet Pangasius must show the following information: net weight of the product; ratio of glazing; name the types of chemicals, additives and processing aid used in the course of processing.
Chapter III EXPORTS FISH PRODUCTS INSPECTION article 7. Conditions of export of fish products Inspection organizations and individuals (hereinafter called traders) to export fish products Inspectors must meet the following conditions: 1. fish processing facility Tra meets the conditions specified in article 5 of this Decree. The case of the trader has no processing facilities to Test fish processing contract or contract to purchase fish products in fish processing facility Tra meets the conditions specified in article 5 of this Decree.
2. Sign the contract to export fish products Inspection with Pangasius Vietnam Association as defined in article 8 of this Decree. The customs clearance only for shipments of fish products export contract has been Vietnam Pangasius Association confirmed.
Article 8. Sign the contract to export fish products Inspection 1. Assigned organizations perform: Pangasius Vietnam Association.
2. Object: businessman exported fish products 3. Profile: One (1) set a) export contract registration Paper fish products Inspection;
b) legal copy Paper register farmed fish commercial Test was authority local aquaculture confirmed (applicable to cases of traders using commercial Test fish from fish rearing facilities commercial proprietary Test, his Manager);
c) legitimate copies of the contract to buy material with Pangasius organization, individuals adopted commercial Pangasius facility meets the conditions specified in article 4 of this Decree (applicable to cases of traders using commercial Test purchasing fish from the fish farming facility Tra products not owned his management);
d) legitimate copy certificate processing base of qualified food safety (including cases of traders buy commercial or Pangasius, Pangasius commercial processing in other processing facilities);
DD) copy legally purchased commercial Pangasius contract or contract machining, processing fish products fish processing establishments Screening Investigation meets the conditions specified in article 5 of this Decree (to apply with the trader has no basis for processing fish products Inspection).
4. The ways and the time limit for implementation: a) In less than 7 working days, if the registration documents of fish products export contract incomplete Investigation according to the provisions in paragraph 3 of this article, the Vietnam Association for Pangasius have written answer, suggest additional merchant profile;
b) In less than 10 working days from the date of the application to register the contract to export fish products to Check if the profile meets the provisions in paragraph 3 of this article and have the purchase price higher material Pangasius or by floor prices for Pangasius Pangasius Association materials Vietnam announced at the time of receipt (applicable to traders who use commercial buy Pangasius from the base commercial Test fish farming not owned, managed by traders), Pangasius Vietnam Association of appraisal, confirmed the contract to export fish products.
Case records do not meet the aforesaid regulations, Pangasius Vietnam Association not endorsed registration of fish products export contract and answered in writing, stating the reasons.
5. appraisal Fees commercial fishing business conditions Survey: follow rules, instructions of the Ministry of finance.
Article 9. Processed in violation of the export of fish products Inspection 1. Traders to export fish products Inspection violates the provisions of this Decree, in addition to being dealt with under the provisions of the law on handling administrative violations are also being processed according to the provisions in paragraph 2, paragraph 3, paragraph 4 of this Article.
2. Suspension of the export of a shipment of fish product Inspection is not satisfactory in terms of quality, food safety and fisheries pursuant to Vietnam and imported water.
3. export of fish products halted Investigation of export for traders was the competent authority of the importing market requires a pause due to breach of quality, safe food.
4. For importer do not require Vietnam to check product quality certification, Pangasius exports but there are provisions to suspend imports of fish products from Vietnam if discovered several shipments in violation, the Ministry of agriculture and rural development, quality inspection organization , food safety, handling violation for traders, having shipment processing facility was warned violating provisions of the law on food safety, the law on quality of goods and products.
Chapter IV IMPLEMENTATION article 10. The responsibilities of the ministries 1. The Ministry of agriculture and rural development:

a) Establishment, approval of the master plan of breeding Pangasius processing; Guide, supervise, check and implement planned breeding, fish processing in the province, central cities;
b) Guide, check out the agencies manage the local aquaculture confirm registration area, fish farming production commercial Investigation and identification code of the base level of breeding Pangasius;
c) Guide, test, monitor the application and accreditation process for good aquaculture practices;
d) building, issued or the competent authority issued the rules, standards, national technical regulation on breeding, processing and export of fish products Inspection;
DD) Organization, direction, implementation of the adopted base conditions checked, Pangasius processing; check, monitoring the quality of farmed Pangasius, processing, exports by the authority;
e) coordinating instructions, check, Pangasius Vietnam Association of monitoring implementation of the provisions on evaluation, validation, evaluation fees commercial fishing business Investigations;
g) instructions, inspection, test, process, violate any laws in raising, processing, exporting Pangasius jurisdiction;
h) offering, announced regulations on conditions of food safety Inspection of imported fish products market of imported fish products from Vietnam;
I) to suspend the export of a shipment of fish product Inspection is not satisfactory in terms of quality, food safety and fishery products as defined by Vietnam and the country imports and exports of fish products halted Investigation of export for traders was the competent authority of the importing market requires a pause due to breach of the quality food safety, as stipulated in paragraph 2, paragraph 3, clause 4 article 9 of this Decree. Specifies the Organization of check processing, violation of the provisions of article 9 of this Decree;
k) implement the traceability of fish products for export Vietnam Investigation according to the provisions of the law.
2. Industry: a) presiding, in cooperation with the Ministry of agriculture and rural development, Ministry of Foreign Affairs and the ministries concerned staff, handles trade disputes, the technical barriers to the export of fish products Inspection;
b) inspected, tested, processed in violation of the export activity of fish product Inspection by the authority;
c) steer Vietnam trade missions abroad to support trade promotion activities in fish products.
d) check, supervise the implementation of this Decree, according to the legal provisions on anti-dumping.
3. The Ministry of Finance: a) the guide price of Pangasius methods of raw materials;
b) regulations on fees assessed commercial fish business conditions Survey; guide the implementation of the rules on currency, payment, administration, use due diligence fees commercial fishing business conditions Survey;
c) direction Of the Bureau of customs in the implementation, testing, monitoring of customs with regard to the export of fish products Inspection under the provisions of this Decree; General, monthly report sent the Ministry of finance, the Ministry of industry and trade, the Ministry of agriculture and rural development on the output, export prices, export markets fish products.
Article 11. The people's Committee of the central cities, 1. Establish, approve and manage detailed planning done breeding, fish-processing locally in accordance with the adopted master plan, fish processing has been the Ministry of agriculture and rural development approved.
2. The direction the agency administered local aquaculture organizations make the confirmation of registration area, fish farming production commercial Investigation and identification code of the base level of breeding Pangasius.
3. Directs the implementation, operation, processing, exporting Pangasius locally according to the rules of law.
4. inspection organization, check the implementation and handling of violations of legal regulations for operation of raising, processing and export of fish in local Investigative jurisdiction.
Article 12. Pangasius Vietnam Association 1. Presiding over the implementation of the following activities: a) holding the registration, evaluation, verification, valuation fee Pangasius trading business under the rules;
b) pursuant to the instructions of the Ministry of finance about the method for calculating the price of raw materials, Pangasius at least twice each year published material and Pangasius floor prices promptly adjust the fit of the market;
c) management, use of commercial business appraisal fee the fish Inspection under the provisions of the law;
d) provides customs a list of confirmed traders registered to export fish products Inspection;
DD) statistics on the situation of raising, processing, fish exports and monthly, quarterly, report the Ministry of agriculture and rural development, the Ministry of industry and trade, the Ministry of finance.
2. In collaboration with the Association, the relevant sector association made the following activities: a) guidelines, members comply with legal provisions about raising, processing and export of fish products Inspection;
b) organizing trade promotion activities of fish product Inspection; analysis, forecasting, market information to export fish products Inspection;
c) join to protect export activities, handling trade disputes, technical barriers related to farming, processing and exporting Pangasius;
d) support, provides the information processing, farming and market for organizations, individuals adopted, fish processing.
Article 13. Organizations and individuals raising, processing and export of fish Inspection 1. Organizations and individuals raising, processing, exporting Pangasius is responsible for compliance with the legal provisions of raising, processing and export of fish Inspection under the provisions of this Decree and other legal texts concerned.
2. Traders exporting Pangasius products responsibly: a) in compliance with the regulations regarding the management, inspection and quality certification, food safety and fishery products exported under the provisions of the country of import and the provisions of the law of Vietnam;
b) implement export contract registered fish products Inspection according to the provisions of article 8 of this Decree and take responsibility for authenticity of the information content of the contract was registered;
c) file charges business and commercial due diligence prescribed Pangasius.
Chapter V article 14 ENFORCEMENT TERMS. Transitional provisions 1. The basis of the commercial activity Test fish farming before the Decree has effect is inconsistent with the master plan of breeding Pangasius but satisfies the condition of breeding Pangasius prescribed in clause 2, article 4 paragraph 3 of this Decree shall be continued.
2. Before 31 December 2015, from the date of this Decree, effective enforcement of traders allowed to buy Pangasius materials to processing, exports from the facility Tra fish farming products have yet to meet the conditions specified in paragraph 5 to article 4 of this Decree.
3. Before the date of the circular of the Ministry of agriculture and rural development regulation on registration of area, production and number of fish farming facility code for commercial Test of effect execution, registration Paper Feed commercial Pangasius (specified in point b, paragraph 4, article 8) are not a mandatory part of the registration dossier Pangasius export contract.
4. Before 31 December 2014, since this Decree has effect, the product of frozen fillet of Pangasius not meet the quality specified in point b, point c paragraph 3 article 6 of this Decree are exported if quality, safe food hygiene fishery products according to the requirements of the import market.
Article 15. Effective enforcement of this Decree in effect enforced since June 20, 2014.
Article 16. Responsibilities and enforcement 1. Based on the specific responsibilities assigned under the provisions of this Decree and the provisions of the relevant law, the Ministry of agriculture and rural development, industry and trade, finance is responsible for guiding the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities, Chairman of the Vietnam Association of Pangasius, President of the Assembly, the relevant sector associations within the scope of his duties, function is responsible for the implementation of this Decree.