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Circular 28/2011/tt-Bnnptnt: Regulating The Certification, Validation Of Fisheries Exploitation Of Exports On The European Market

Original Language Title: Thông tư 28/2011/TT-BNNPTNT: Quy định việc chứng nhận, xác nhận thủy sản khai thác xuất khẩu vào thị trường Châu Âu

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The CIRCULAR regulates the certification, validation of fisheries exploitation of export to European markets _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law of fisheries on November 26, 2003;
Pursuant to Decree No. 01/2008/ND-CP dated 9 January 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development; Decree No. 75/2009/ND-CP of the Government amend article 3 to Decree No. 01/2008/ND-CP dated 9 January 2008 by the Government;
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 of August 13, 2009 by the Government on amendments and supplements to some articles of Decree 59/2005/ND-CP;
Pursuant to Decree No. 33/2010/ND-CP 31tháng-2010 the Government managed fisheries exploitation activities of individual organizations, Vietnam on the seas;
To serve state management requirements on the exploitation and protection of aquatic resources and the implementation of the provisions of the Council of the European Union on preventing, halting, delete the illegal mining activities, not reported and are not as a rule, the Ministry of agriculture and rural development regulation the certified confirmation of fisheries exploitation of exports on the European market as follows: chapter I GENERAL PROVISIONS article 1. Scope this regulation circular sequence, procedure, content validation, raw material exploitation of fisheries, aquaculture and mining certificates confirm commitment to fisheries products originating from importing exploiting fisheries to export to European markets.
Article 2. Application object 1. This circular applies to organizations, individual mining, purchasing, processing and exporting aquatic products exploitation and mining to seafood import-export processing in the European market.
2. Do not apply to fisheries and aquaculture products in the category specified in annex 1 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 certification of competent authorities with regard to fisheries exploitation of 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 certification of competent 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 export fisheries products originating from aquatic products importing exploiting: Is the certification of competent 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 the ship begin to exploit the grid drop came on board to end currency grid.
6. certificate of shipment: shipment Is to be the competent agency certified for export to the EU.
7. in the port of shipment: shipping activity from the ship to other ships in the scope of the port.
8. Owners: is the seafood export shipments to Europe.
Article 4. The operations of illegal fisheries, not reported and no active mining regulations fisheries illegally, not reported and are not as a rule when the Organization, personal advantages in violation of any of the following acts: 1. fisheries exploitation without a valid mining licence , do not have the authority to license.
2. logging and reports Not exploit fisheries according to the regulations.
3. Tap in the mining zone, during prohibition, exploiting fisheries prohibits exploitation or exploitation of the species have smaller size specified exceeds the rate allowed in exploitation.
4. Use the kind of profession, fisheries extraction tools is prohibited or not properly regulated.
5. Concealed, tampered with or destroyed evidence in violation of the provisions relating to the exploitation and protection of aquatic resources.
6. Hinder the work of officials and make the task of examining, monitoring compliance with the provisions on the exploitation and protection of aquatic resources.
7. Give up the ship, transfer or transport of fishery products the size is smaller than the regulation exceeds the rate allowed in exploitation.
8. Transfer or join operations, support or supplied for exploitation of fisheries have been identified to have made illegal mining acts, not reported and are not as a rule.
9. Perform the extraction activities in the area of management governing fishing areas that are not in accordance with the fisheries management organization that if Vietnam signed or joined.
Article 5. Competent authority certificate, confirmation of fisheries exploitation 1. The mining Bureau and protect aquatic resources or units are assigned to specialized management of exploitation and protection of aquatic resources of locally made the certificate of receipt of fisheries exploitation, confirm materials fisheries extraction and check illegal mining activities , not reporting and not according to the regulations on the fishing vessel.
2. The quality Center of agriculture and forestry aquatic products quality management Department in the region of agriculture and forestry and fisheries performs check, confirm commitment to export fisheries products originating from aquatic products importing exploiting.
Chapter II the SEQUENCE, CERTIFICATION, validation of FISHERIES EXPLOITATION article 6. Confirm mining seafood raw materials exports Home filled with information as specified in the confirmation of raw material extraction and aquaculture (form prescribed in Appendix 3 attached to this circular) and sent to the competent agency specified in clause 1 5 of this circular Thing where owners buy seafood raw materials extraction proposals confirmed , can send directly in the competent authority or through the post.
2. Not more than 10 working days from the date of the proposed material confirmation of fisheries exploitation, the Agency has the authority to check the authenticity of the information declared in the verification of raw material extraction and fisheries confirmed for export.
The case does not confirm to reply in writing stating the reason.
3. Server exports suggest confirming materials exploitation can get results directly in the competent body or by post (in case the server suggested exports sent the confirmation results of raw material exploitation of fisheries by post).
4. Confirmation of fisheries exploitation do material into 2 a, 1 a given server, export a saved at the competent authority confirmed.
Article 7. Certified fisheries exploitation 1. Export home finishing 1 record sent to one of the competent bodies where aquatic exports home purchased raw materials suggest that certified fisheries exploitation, may be sent directly in the competent authority or through the post. The records include: a) the certificate of fisheries exploitation (already filled out the information in items 2 to 8; the form prescribed in Appendix 2 attached to this circular);
b) transport information (has complete information, the form prescribed in Appendix 2b attached to this circular);
c) additional information for fisheries products are processed from raw materials of fishing vessel Vietnam, used when the product's export shipments are buying raw materials from more than one (1) or if the ship the raw materials purchased from a (01) ship but was recast into more than one shipment (as defined in Appendix 2a-form attached to this circular);
d) material certification of fisheries exploitation (related to the shipment of exports has been the competent agency to confirm).
2. Not more than 10 working days from the date of the proposed profile certified fisheries exploit the competent authority to check the authenticity of the information in the record to suggest the certification of fisheries exploitation and certification for export.
Cases not certified must have written reply stating the reason.
3. Server exports suggest certified fisheries exploitation can get results directly in the competent body or by post (in case the server exports suggest sending results certified fisheries exploited by post).
4. Each export shipment is level 1 certificate of fisheries exploitation. Certificate of fisheries exploitation is made up of 2 a, 1 a delivery to the Home row and 1 a competent agency in the certificate.
Article 8. Confirm commitment to export fisheries products originating from importing exploiting fisheries 1. Shipment of materials imported for processing mining exports on the European market must have certified fisheries exploitation of the competent authority of the country in which the ship which hangs the flag.
2. Shippers export shipments are made from imported mining sent fishery 1 record register to the competent authority referred to in Paragraph 2, article 5 of this circular. The records include: a) the certificate of fisheries exploitation (originals or copies);
b) certificate check the quality, hygiene and food safety of seafood shipments according to the form prescribed in decision No 118/2008/QD-BNN on December 11, 2008 by the Minister of agriculture and rural development or the quarantine certificate and quality control, food safety and hygiene according to the model specified in circular No. 47/2009/TT-BNNPTNT on 11/8/2010;
c) pallet shipments attached to the form prescribed in annex 1 attached to circular No. 47/2009/TT-BNNPTNT on 11/8/2010;
d) certificate of commitment aquatic product exports derived from aquatic products importing exploiting (according to the form prescribed in annex 5 to this private theoThông attached);

If the registration profile to check the shipment fits the Agency confirmed on registration records check and consistently with every Home inspection point in the scene. If not suitable, competent authorities have to guide owners improve the profile according to the regulations.
3. Form field test checks for all shipments before export.
4. content check conformance and authenticity of information commitment of shippers as compared with the production records of the shipment and the certificate of fisheries exploitation of the raw material batch to batch production.
5. Confirm and announce the test results a) within a period not exceeding two (2) working days from the end of the field test, the Agency has the authority to confirm the commitment of the owners for the shipment test registration according to the form prescribed in annex 5 attached herewith;
b) where the test results do not meet the requirements, the competent authorities did not confirm the commitment and notify shippers in writing and stating the reason.
Chapter III to CHECK ILLEGAL MINING ACTIVITIES, NOT REPORTING and NOT in ACCORDANCE with article 9 FISHING VESSEL. To check illegal mining activities, not reporting and not according to the regulations for the fishing vessel 1. The object to check The fishing vessel operations fisheries and aquatic transport mining products are used as raw material for processing and export to European markets.
2. Inspection Agency Bureau of exploitation and protection of fisheries resources and the competent bodies referred to in paragraph 1 of article 5 of this circular to plan and conduct the examination.
3. Principle of the test the principle of risk assessment, on the basis of ensuring the inspection not less than 5% of the total number of times the fishing vessel docked, Ben fish average in a year.
4. check the Union heads have the authority to enact the decision establishing the inspection Group, which stated the scope, content, location, check; name, title of the head of the delegation and the members of the delegation; The liability of ship owners and crew to check. Decided to set up the test Group should be notified at the beginning of the test vessel.
5. content check check the license and exploit the content referred to in article 4 of this circular and are stated in the decision establishing the Agency's inspection Division.
After the end of the test, the test Group set up a testing and inspection results notification which stated the offending content (if any), check group representative, Captain or captain's representative to sign the minutes of the test. A check is made up of 2 a, 1 a given ship owners, 1 a save at the authorities. Sample test report is issued according to annex 9 of this circular.
6. Processing test results If test results have detected violations of the provisions of this circular, depending on the level of violation, inspection bodies apply one of the following: form processing + Not certified fisheries and aquaculture products for mining exploitation of that ship within 60 days of check in and take that fishing vessel on a list fishing vessel exploitation of illegal fisheries, not reporting and not as defined and posted on the Website of the Directorate of fisheries, mining Bureau and protect aquatic resources (http://www.cucktbvnlts.gov.vn);
+ Transfer of records to Agency to continue processing according to the rule of law;
+ After the 60 day period when the opinion of direct Administration confirmed this fishing vessel fishing vessel had the remedy and repair violations, exploitation and protection of aquatic resources takes the ship out of the list of illegal mining ship, not reported and are not as a rule.
Chapter IV RESPONSIBILITY and AUTHORITY of the ORGANIZATION, the individual article 10. The responsibilities and rights of the captain, the owner of fishing vessel 1. The captain of the fishing vessel owner has the following responsibilities: a) provides exactly the information recorded in the raw material certification of fisheries exploitation (form Appendix 3 attached to this circular) for export, sign and take responsibility for what his report;
b) create conditions for test duties.
2. The captain, the shipowner or a representative of the captain, the shipowner has the right to suggest that the competent authorities provide the provisions related to the certification of seafood raw materials extraction, certified fisheries exploitation.
Article 11. The responsibilities and rights of owners of exported goods 1. Shippers have the following responsibilities: a) improve the information stated in the certificate of fisheries exploitation (as defined in Appendix 2 attached to this circular), material certificate of fisheries exploitation (as defined in annex 3, Appendix 2a, Appendix 2b attached to this circular) before submitting the proposal to the competent authorities the certificate , acknowledge and take responsibility for what his report;
b) provided information concerning the implementation of this circular when authorities require;
c) certified records, confirmed within three (3) years from the date of certification, validation.
Shippers have the following rights: to recommend competent authorities provide the regulations related to certification, validation;
Choose one of the authorized agency where purchased raw materials suggest certified fisheries exploitation.
Article 12. The responsibilities and powers of the competent authorities referred to in paragraph 1 of article 5 of this circular 1. Responsible for a) resolve and accepting the records relating to the certification of fisheries exploitation of raw materials, certification of fisheries exploitation as stipulated in article 6, article 7 of this circular as its proposed exports;
b) export owner's Guide, the captain, the shipowner representatives of the captain, the shipowner to perform the tasks related to the verification of raw material extraction and certified fisheries fisheries exploitation;
c) prepare a report under the provisions of article 16 of this circular;
d) report Of the Bureau of fisheries of the breach was discovered and transfer of records to Agency to handle according to the regulations;
DD) archive records relating to the certification of fisheries exploitation, confirm materials fisheries exploitation within three (3) years from the date of certification, validation.
2. a powers) ask the captain, the shipowner, the captain's representative, ship owners and shippers provide relevant information for certification, verification;
b) refuse the certificate, confirm if the captain, the shipowner or violate the provisions of this circular.
Article 13. The responsibilities and powers of the competent authorities referred to in paragraph 2 article 5 of this circular 1. Responsible for a) performs the validation commitment to export fisheries products originating from aquatic products importing exploiting as stipulated in article 8 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 importing exploiting fisheries within three (3) years from the date of confirmation.
2. The powers a) require owners of imported goods provided the relevant information for validation;
b) refused to confirm if the owners violated the provisions of this circular.
Article 14. Responsibility of the management of a fishing port) to confirm the information relating to the transfer of cargo at the port in the exploitation of fisheries certification (if applicable);
b) provides information concerning the fishing vessel register anchorage, unloading at the port.
Chapter V IMPLEMENTATION article 15. The Mission of the governing body 1. The Mission of the Directorate of fisheries Bureau Director of exploitation and protection of aquatic resources: a) the implementation of active unified professional service; periodically check, monitoring activities related to test, certify seafood raw materials extraction, certified fisheries exploitation;
b) organized training, professional training for staff to perform testing, validation, raw material extraction, fisheries certified fisheries exploitation;
c) propaganda organization, instructions on the procedure, the method of management, testing, validation, raw material extraction, fisheries fisheries certification to apply uniformly throughout the country; Advocacy for fishermen, organizations and individuals to raise awareness about the content related to the illegal exploitation, not reported, not according to the regulations and the implementation of this circular;
d) periodically 6 (six) months, reported the Ministry of agriculture and rural development, the results of the related provisions of this circular;
PREC) announced the list of fishing vessel violating the regulations on illegal mining, not reported, not according to the regulations on the Website of the Directorate of fisheries, Department of mining and protection of aquatic resources, the agencies involved and Of the Marine Affairs and fisheries of the European Commission;
e) presided, in cooperation with the relevant agencies of Vietnam Exchange, negotiation with the competent European bodies in cooperation, exchange of information, handling of problems related to the implementation of the provisions on combating illegal exploitation, not reporting and not according to the regulations of the European Commission.
2. The Mission of the Department of management of the quality of agricultural production and fisheries a) directing, organizing systems 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;
b) uniform management of professional expertise; refresher training for staff to perform the check, confirm commitment to export fisheries products originating from aquatic products importing exploiting;
c) 6 (six) month periodic report the Ministry of agriculture and rural development on activity check, confirm commitment to export fisheries products originating from aquatic products importing exploiting;

3. The Mission of the Department of agriculture and rural development of the province, the coastal city a) directing, instructing, examining the implementation of this circular for the competent agency specified in clause 1 5 of this circular;
b) instructions, common and examine the observance of the regulations of the Ministry of agriculture and rural development and the professional guidelines of the General Department of fisheries;
c) directing the subdivisions, in cooperation with the local authorities to organize instruction, propaganda, disseminated the related provisions of this circular;
d) advised the provincial people's Committee to ensure funding, and the conditions relating to the activities of the competent bodies on certification of fisheries exploitation.
Article 16. Report mode 1. Monthly, quarterly, annually or upon request, the competent agency specified in clause 1 5 of this circular reporting details about the situation of certification of fisheries exploitation of mining Bureau and protect aquatic resources.
Monthly, quarterly, annually or upon request, the competent agency specified in clause 2 5 of this circular reporting details of the situation confirms commitment to export fisheries products originating from aquatic products importing exploiting hydro about the quality management Department of agriculture forestry and fisheries.
3. the content of the report include: certified shippers list, shipment of fisheries exploitation, the list of fishing vessel violating the regulations on illegal mining, not reported and are not prescribed; the total number of certificates, the total volume of fisheries exploit been certified (report template specified in annex 10 of this circular).
4. the report period: at the latest within 5 days of the end of the month, at the latest within 10 days of the end of the quarter, at the latest within 15 days from the end of the year.
Article 17. Implementation 1. The Directorate of fisheries, the Service Bureau, Inspector, Center of the Ministry of agriculture and rural development; the Department of agriculture and rural development, according to the functions, duties, powers, urging his check made this circular.
2. the cost of implementing the certification of fisheries exploitation material, confirm commitment to fisheries products originating from aquatic products importing exploiting and certified fisheries exploitation, the unit was tasked with estimating the expense of a career spent in the operation of the unit, added to the cost of the annual activities of the unit.
3. in the implementation process, if there are problems or obstacles, the bodies, timely reporting unit, proposed to the Ministry of agriculture and rural development (through the Directorate of fisheries or Agricultural Quality Management Bureau the immediate products and aquatic products according to relevant issues) to General , the Ministers reviewed and revised and supplemented accordingly.
Article 18. Effect 1. This circular is effective from the date of signing the replacement issued Circular No. 09/TT-BNNPTNT/2011 January 2, 2011 by Ministry of agriculture and rural development.