Advanced Search

Circular 24/2011/tt-Bnnptnt: Modify, Supplement, Abolish Some Regulations On Administrative Procedures In The Field Of Fisheries Under Resolution 57/nq-Cp On December 15, 2010 By The Government

Original Language Title: Thông tư 24/2011/TT-BNNPTNT: Sửa đổi, bổ sung, bãi bỏ một số quy định về thủ tục hành chính trong lĩnh vực thủy sản theo Nghị quyết 57/NQ-CP ngày 15 tháng 12 năm 2010 của Chính phủ

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
CIRCULAR additional amendments, repeal some regulations on administrative procedures in the field of fisheries under resolution 57/NQ-CP on December 15, 2010 by the Government _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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 resolution No. 57/NQ-CP on December 15, 2010 by the Government on plans to simplify the administrative procedures within the management of the Ministry of agriculture and rural development;
The Minister of agriculture and rural development issued circular additional amendments, repeal some regulations on administrative procedures in the field of fisheries under resolution 57/NQ-CP on December 15, 2010 by the Government as follows: article 1. Modify, abolish some of the content of the decision No. 650/2000/QD-BTS on 4 August 2000 of the Minister of fisheries issued the regulation checked and certified State of the quality of the goods.
1. Article 9 is amended as follows: "1. for each batch of imported aquatic goods or consumed in the domestic category, shippers must submit registration documents to check the quality of the goods for checking.
2. the registration records check including: a) the registration Paper goods quality control of fisheries (2 a), form 3 TS/BIOSECURITY regulations in annex 3 of this regulation;
b) A detailed inventory of the shipment;
c) The importer's own requirements as stated in paragraph 2 of article 3 of this regulation.
3. Shippers must register with the Agency suggested testing check the quality of the shipment in the following cases: a) a quality certificate expiry of shipment;
b) shipment was damaged;
c) the goods or the packaging changed compared to previous test;
d) shipment have been recycling, improve or supplement at the request of the Agency.
4. Upon receipt of the application, the Agency is responsible for the review, additional owners manual missing parts, confirm registration check and notify owners about the time, place, content checked. "
2. Annuls Article 10.
Article 2. Article 11 repeal decision No 6/2006/QD-BTS on 10/4/2006 of the Minister of fisheries of issuing regulations and the safe shrimp Base article 3. Amendments and supplements to some articles of decision 56/2008/QD-BNN on 29/4/2008 issued a regulation check, certified aquaculture sustainable direction 1. Point a, paragraph 6, article 7 is modified and supplemented as follows: "article 7. The sequence, testing procedures, certification 6. Within a period of 2 (two) working days from the conclusion of the screening process or receive records of inspection bodies, certification bodies are made considering the test results: a) If unsatisfactory test results according to the levels of BMP or GAqP or the CoC certified aquaculture facility sustainable direction corresponds with the test results. The certificate according to the model in annex 2, the certification code systems are specified in annex 5; The certificate of aquaculture establishments towards sustainability has the value 2 (two) years ".
2. Paragraph 3, article 9 amended modifier as follows: "article 9. Check the monitor 3. The base results in a check, the certification body decides to renew or not renew the certificate of aquaculture establishments towards sustainability has been granted according to the provisions of article 7 of this regulation. Renewal of the certificate of aquaculture establishments towards sustainability has the value 2 (two) years ".
3. Item 1 and item 2 article 14 be amended and supplemented as follows: "article 14. Order and procedure reviews, specify inspection bodies, certification bodies 1. Registration documents (1) to be specified as inspection agency certification authority products towards the sustainability of the fisheries Bureau, Ministry of agriculture and rural development. The records include: a) the specified application is examined, the Agency certified aquaculture sustainable (sample at Annex 4);
b) affidavit detailing the conditions prescribed in article 13 of this regulation;
c) related documents (if any).
2. within 3 (three) working days from receipt of registration documents, the General Department of fisheries review, instructions in writing to the Agency, additional registration organization of records not yet properly defined. "
4. Rename the Agency implemented the procedure of certification premises, the sustainable farming at the central level are specified in decision 56/2008/QD-BNN from quality management Bureau of agriculture and forestry production and fisheries into the Directorate of fisheries. "article 4. Addition to Article 3a in the decision No 85/2008/QD-BNN on 06/8/2008 by the Minister of agriculture and rural development regulation on production management, business just like replenish fisheries Article 3a are as follows: "Article 3a. Order and procedure of certification premises ensure conditions of production and business, just like fisheries.
1. a procedure execution audience) the base needs please product origin certification (C/O) must perform the procedure of certification premises ensure conditions of aquatic seed production business;
b) the base needs no please product origin certification (C/O) not to make the procedure of certification premises ensuring business conditions like fisheries.
2. The composition and number of records: a) single-component suggest checking the conditions of production, business (Appendix No. 1 attached to this circular);
-The investment license or business permit (notarized copy);
-A copy of the papers relating to the establishment of the base (land use right certificates for your purposes or lease contract, a copy of permanent residence, identity paper);
-The certificate of guarantee hygienic conditions in aquatic animal health.
b) quantity: 1 set of 3. Order a) organisation, production and business personal like fisheries fully prepared dossier (in paragraph 2 Article 3a this circular);
b) organizations, individuals filing directly at the Agency management or through the post about General Directorate of fisheries;
c) within a period of 3 (three) working days from the date of the application, the agency receiving records and management review, organization, personal guide supplements the content is missing or not properly.
d) within 15 working days from the receipt of a valid application, the agency managing the conduct test production and trading conditions like aquatic products of the basis (sample test profile according to Appendix 2 attached to this circular). If the base ensures the technical requirements, the agency managing the certification basis to ensure qualified production, aquatic breeding business (Appendix 3 attached to this circular). The case refused to answer in writing and stating the reason;
 DD) Organization, individuals receive results at reception and pay the results solve administrative procedures according to the General Department of fisheries at appointment slip. Public officials collect the receipt records, charged the result (the decision and certificate) and ask the person to receive the newsletter or letter sent by post, the results certified by the post office if the Organization, individual requirements.
4. Validity period of the certificate of the qualified production facility, aquatic breeding business.
Certificate of eligible production facility, aquatic breeding business in force in 2 years time ".
Article 5. Modify, Supplement, abolish some regulations of fishing vessel registration and fishing vessel attached to decision No. 10/2006/QD-BTS on July 3, 2006.
1. Article 8 is amended as follows: "papers are filed, every Monday 7: a) the fishing vessel registration form (in the form prescribed in annex No 4 attached to this circular);
b) proof of origin of the vessel:-for new fishing vessel: + certificate issued by the home base close, this ship (original);
+ New approval of the Department or the Department of fisheries exploitation and protection of fisheries resources. 
-For fishing vessel conversion: convert conversion certificates, ship repair (original);
+ Fishing vessel registration certificate (original);
+ New approval of the Department or the Department of fisheries exploitation and protection of fisheries resources.
-For fishing vessel ownership transfer: + transfer ownership papers of ships according to the current rules of the State (original);
+ Fishing vessel registration certificate (original) attached to the original ship's registration records (original).
-For fishing vessel in an earthly vessel rental, or hire-purchase of ship: + text approved for bare boat rental, or hire-purchase of ships in Vietnam by Vietnam State agencies have the authority to grant the (original);
+ Bare boat lease, lease-purchase or ship to Vietnam (original);
+ Certificate of registration suspended due to ship the old registry level (original) and accompanied by a translated into Vietnamese by the competent authorities confirming the translated content.
c) stamp tax receipt (both air and ship hull, original); 
d) Photo 9 x 12 size ship (color photos, taken all the train towards 2 superfiring). 
2. Supplement 8a as follows: "Article 8a. Fish friends registration 1. Protection of fisheries resources the province, central cities is the unit perform the registration of fish friends in local management scope.
2. Profile (1) submit upon registration of fish friends include: a) declarations registered fish friends (according to the model specified in annex No. 5 attached to this circular);
b) undocumented by the competent authorities to grant the right to use the surface of the water, or the hire of water rights put fish friends;
c) diagram of the water where the fish friends (if any);
d) Paper committed to ensuring the conditions, hygiene standards in animal health, food safety and environmental protection in aquaculture activities by fish friends.
3. within 3 working days from the date of receiving the application, the registry certificates fish friends registered fish friends (in the form prescribed in annex 6 attached to this circular). The case is not eligible to register or registration documents are not yet enough under the rules, the registry must notify fish friends organization, individuals suggest fish friends registration within 10 days from the date of the record ".
3. Article 9 is amended as follows:

"Within 3 working days from the date of receiving the application, the registry responsible fishing vessel registration procedures, on fishing vessel registry and certification of fishing vessel registration. The case is not eligible to register or registration documents not yet valid fishing vessel registry must guide the ship home contents is missing or not properly regulated within 2 working days from the receipt of the record.
The Directorate of fisheries has responsibility to publicize, post, update and build mechanisms to exchange information about planned fisheries, especially the content relating to the management direction, developing new plays, converted fishing vessel convert to the individual, organization and implementation ".
4. Supplement Article 9a as follows: "Article 9a. Level back fishing vessel registration certificate.
1. fishing vessel registration certificate is granted in the following cases: a) lost, being torn, damaged;
b) change the name of the vessel, the coral brand (if available) or the specifications of the ship.
2. Profile (1) submitted to the fishing vessel register to level back fishing vessel registration certificate are: a) declarations suggest rename or ship back fishing vessel registration certificate (in the form prescribed in annex 7 attached to this circular);
b) fishing vessel registration certificate (if being torn, damaged, or changed the name of the ship; original) paper or report lost "fishing vessel registration certificate".
3. fishing vessel registration authority granted leave "fishing vessel registration certificate" to slow for no more than 10 working days from the date of receipt of application rules.
4. Individual cases, held direct filing, the certification authority must review, personal guide, complementary organization to the missing content or not yet properly defined immediately after getting the records. In the case of individuals, the Organization filing by post, the certification authority must review, personal guide, complementary organization to the missing content or not properly regulated within 3 working days from the date of receiving the records.
5. fishing vessel registration certificate is granted must retain the registration number has been issued and specify times the level ".
5. Item 2 article 10 be amended and supplemented as follows: "article 10 2. The 1st records filed when the temporary registration are: a) the Declaration recommended certification of fishing vessel registration temporarily (according to the model specified in annex No. 8 attached to this circular);
b) shipbuilding contract or the contract shifted to own fishing vessel;
Within 3 working days from the date of receiving the application regulations, fishing vessel registration certificate of registered fishing vessel temporarily. The case is not eligible to register or registration documents are not yet enough prescribed fishing vessel register to notify the Organization, individuals proposed fishing vessel registration within 2 working days from the date of receiving the dossier ".
6. Repeal of Article 11 7. Item 1 and item 2 article 15 be amended and supplemented as follows: "1. Registration documents list and roster levels boatmen fishing vessel (1) include: a) registration form list of fishing vessel crews attached a list of fishing vessel crews (according to the model specified in annex No. 3 attached to this circular);
b) professional certificate in accordance with the regulation on the fishing vessel title or ID (copy).
2. fishing vessel registry level roster fishing vessel crews for boat owners within 3 working days from the date of receipt of application rules. In the case of ineligible or incomplete registration documents according to the rules within 2 working days from the date of receipt, the Agency shall inform the registered owners of fishing vessel to supplement the prescribed records ".
8. Abolition Article 16 9. Abolish annex 1 c and Appendix 3a issued together with decision No. 10/2006/QD-BTS on 03/7/2006 enacted statute registered fishing vessel and fishing vessel crews.
Article 6. Modify, Supplement, abolish some of the fishing vessel register regulation attached to decision No 96/2007/QD-BNN on 28/11/2007 1. Item 2 article 8 be amended and supplemented as follows: "article 8. The jurisdiction of the Agency the central fishing vessel register 2. Do register for: a) fishing vessel of Vietnam exploiting fisheries outside the waters of Vietnam;
b) foreign fishing vessel imported into Vietnam (first test);
c check fishery Ship);
d) research vessel, investigation, exploration, aquatic resources ".
2. additional paragraph 5 to article 9 as follows: "5. the fishing vessel of the unit directly under the Ministry of agriculture and rural development and of other ministries; the people's armed units do economics ".
3. Annuls Article 14.
4. Article 15 be amended and supplemented as follows: "article 15. Testing procedures, certification of technical fishing vessel safety 1. The Organization, individuals applying under one of the following forms: filed directly at the registry Agency; send via fax, email, and then send the originals; send by post. Certification application safety techniques of fishing vessel (according to the model specified in annex No. 10 attached to this circular).
2. within 10 working days from the date of the application, the Agency posted check out according to notify the Organization, personal time official will conduct the test, but not through the 5 working days from the date of the profile.
3. Agency register certificate of technical safety of ships or the written notice the reason not the certification technical safety fishing vessel within 3 working days from the date of the end of fishing vessel inspection ".
Article 7: amendments and supplements to some articles of circular 48/2009/TT-BNNPTNT Guide to Decree No. 33/2010/ND-CP of the Government on 30/3/2010 active management advantages of organization, personal Vietnam on the waters 1. Point b paragraph 1 article 4 is modified and supplemented as follows: "b) within a period not exceeding 10 working days from the date of receiving documents, General Directorate of fisheries appraisal records, and moved the paper as defined in clause 2 article 7 of Decree 33/2010/ND-CP on ship owners through mining Bureau and protect aquatic resources or Mining Bureau exploitation and protection of aquatic resources (under decentralized management) where ship owners register and notify the shipowner fish know.
If not granted papers according to the regulations, the General Department of fisheries must have text answers and fishing vessel owners stating the reason. "
2. Appendix I attached to circular No. 48/2009/TT-BKHCN is modified as follows: "deregulation of confirmation of exploitation and protection of aquatic resources in the application".
Article 8. Amendments and supplements to some articles of the decision No. 77/2008/QD-BNN on May 30, 2008 issued regulation and certification the boat captain, air Minister, professional crews and additional ship mechanic Article 5a. Order and procedure of applying for license for training, fostering and fishing vessel certificate.
"1. The profiles (01) filed at the competent authority specified in point a, paragraph 2, article 5 of decision 77/2008/QD-BNN, include: a) the Newspaper suggested the licensing of personal Organization (according to the model specified in annex No. 11 attached to this circular);
b) training organization scheme of organization.
2. within 10 working days from the receipt of the record, the licensing authority must check, additional base guide what content is missing or not correctly specified.
3. within 5 working days from the date of receiving the application, the licensing authority must notify the official time base will proceed to verify the fact at the base. Within 10 working days from the date the license Agency notice of the actual inspection time, the licensing authority must conduct the investigation at the facility.
4. within 10 working days from the date of the actual assessment results at the facility, the Agency has the authority to enact the decision to license the Organization fostered and certified Captain Air Chief fishing vessel for training facility.
Article 9. Amendments and supplements to some provisions of circular No. 02/2006/TT-BTS on 20/3/2006 of the Ministry of fisheries guidance the Government's Decree No. 59/2005/ND-CP dated 10/5/2005 regarding the conditions of production, trading some trades are amended as follows: point b paragraph 4 section II is amended as follows : "-profile application and reissuing licenses (1) include the following: + the application or grant the license again (in case of loss of license) according to the form prescribed in annex 10 of circular No. 02/2006/TT-BTS, accompanied by the old license (except in the case of loss of the license);
+ Fishing vessel registration certificate or certificate registered fishing vessel;
+ Secure certificates for fishing vessel engineering cases approved due to the change in fishing vessel must register ".
Article 10. Replace exploitation license form provided for in annex on fisheries exploitation license attached to circular No. 62/2008/TT-BKHCN on 20/5/2008 of the Ministry of agriculture and rural development of modified, added some content of circular 02/2006/TT-BTS on 20/3/2006 of the Ministry of fisheries guidance the Government's Decree No. 59/2005/ND-CP dated 4/ 5/2005 on conditions for the production and trading of some fisheries industries by the license model is specified in Appendix No. 12 attached to this circular.
Article 11. Terms of implementation 1. This circular has the effect after 45 days from the date of signing.
2. the General Director of the Bureau of fisheries, Chief of the Ministry, Director of Legal Affairs, heads of units of the Department and the organizations and individuals concerned is responsible for the implementation of this circular.