CIRCULAR additional amendments, repeal some regulations on administrative procedures in the field of quality management of fisheries under resolution 57/NQ-CP on 15/10/2010 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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;
Pursuant to Decree No. 75/2009/ND-CP on February 10, 2009 by the Government on the amendment of article 3, 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;
Pursuant resolution No. 57/NQ-CP on December 15, 2010 by the Government on the simplification of administrative procedures in the scope of the management function of the Ministry of agriculture and rural development;
The Ministry of agriculture and rural development modification, Supplement, abolish some regulations on administrative procedures in the field of quality management of fisheries under resolution 57/NQ-CP on 15/10/2010 are as follows: article 1. Repeal, amend and supplement some of the decision No 118/2008/QD-BNN on 11/12/2008 of the Ministry of agriculture and rural development issued the regulation on inspection and recognition of production and business establishments eligible fishery ensuring food hygiene and safety (hereinafter the decision No. 117) 1. Article 14 paragraph 4 amended and supplemented as follows: "article 14. Periodic inspection frequency 4. Postpone facility periodically check submission consists of 1 documents suggest, which stated the reason please defer the check. Within 5 working days from the date of the proposed text Please defer checking of the facility, agency, acknowledged to have written replies, which stated control measures are applied to the base depending on the reason please postpone your test base measures to be applied can be: a) check the factory's product enhancement facilities;
b) pause to check product quality certification, given the market consumption;
c) suspension in force recognize the basis of eligibility ensure FOOD HYGIENE. "
2. Annul paragraph 3 article 15 and annexes 3a, 3b regulation examination and recognition of manufacturing facilities, sales of eligible fishery ensuring food safety attached to decision No 117.
3. The model certificate of business production facility aquaculture eligible guarantee FOOD SAFETY and hygiene according to annex No 1, 2 attached to this circular.
4. Point h, point i, paragraph 1 article 17 be amended and supplemented as follows: "article 17. The suspension of recognition validity 1. The decision to recognize the basis of eligibility ensure FOOD HYGIENE will be suspended from the force in the following cases: h) violations of regulations on control, the use of chemicals, antibiotics banned ";
I) facility acquisition, using raw materials from the households raising fisheries, aquatic breeding and the krill harvesting bivalve is banned or suspended harvesting ".
5. Item 2 article 17 be amended and supplemented as follows: "article 17. The suspension of recognition validity 2. Within 5 working days from receipt of the full records in violation of the facilities referred to in paragraph 1 article 17 regulation examination and recognition of manufacturing facilities, sales of eligible fishery ensuring food safety attached to decision No. 117 Inspection Agency, acknowledged the decision to suspend the effective recognition of establishments eligible to ensure FOOD HYGIENE and temporarily suspended the use of code recognition is granted. The decision to suspend the recognition effect added to the suspended base effect, the Agency examined the product quality certification, the certification body registration of premises and records of the inspection agency accreditation ".
6. Article 18 repeal Regulation examination and recognition of manufacturing facilities, sales of eligible fishery ensuring food safety attached to decision No 117.
7. a paragraph 1 article 19 be amended and supplemented as follows: "article 19. Reissuing a certificate) certificate of eligibility ensure food safety in the product are granted in the following cases: lost certificate; The damaged certificates; When the basis is there to change or supplement the information related to your name, address or type of production; The basis of the certificate has been revoked, the present level ".
8. Item 2 article 19 be amended and supplemented as follows: "article 19. Level 2 certificate. The reissued certificate is done as follows: a) the base do text recommend checking Agency, acknowledged again the certificate according to the specimen in Appendix 3 attached to this circular.
b) number of records: 1 grant proposal writing certificate again.         
c) facilities can apply directly, sent via Fax, E-mail, electronic network (then send originals); send by post.
d) during 3 (three) working days from receipt of grant proposal writing back the certificate of inspection bodies, establishments, accreditation is granted leave certificate for base ".
Article 2. Amendments and supplements to some articles of decision No. 118/2008/QD-BNN on 11/12/2008 of the Ministry of agriculture and rural development Bylaw issued check and quality certification of food safety fisheries goods (hereinafter the decision No. 118) 1. Paragraph 3 article 11 be amended and supplemented as follows: "article 11. Register check 3. Shippers send 12 record registration test to check in with the form: send, send by post, send by fax (with a confirmation telephone), email or register online through the Internet, then filed registration documents for inspection bodies when be checked ".
2. Paragraph 1 article 19 be amended and supplemented as follows: "article 19. Sequences, performed free of test 1. Shippers doing text recommend 1st free checking as stipulated in Annex 1b regulation test and quality certification of food safety fisheries goods attached to decision No 118. Within 7 working days from the date of the shipment being recalled or returned there causes related to food safety and hygiene (import market being alert in breach of the norms related to food safety and hygiene) are adopted, businesses must report in writing test measures the Agency has processed for shipment as provided in clause 3 of the regulation article 14 check and quality certification, food safety and sanitation aquatic goods attached to decision No 118/2008/QD-BNN on December 11, 2008 by the Minister of agriculture and rural development.
3. Annuls point b, a d clause 1 Article 20 4. Article 21 paragraph 1 be amended and supplemented as follows: "article 21. Make discount check for goods export fishery 1. Reduced application review procedures to check a) business Posted 01 Paper suggest diminish check according to the model in annex 4 attached to this circular for inspection bodies.
b) during 7 (seven) working days from the receipt of the text of the business proposal, the Agency examined the Organization to review, assess and report the eligible basis reduced quality control, food safety and hygiene fishery products according to the model in annex 5 attached to this circular if the profile evaluation results meet the requirements; or not eligible reduced quality control, food safety and hygiene fishery products according to the model in annex 6 attached to this circular if evaluation results are unsatisfactory for records basis. "
5. Repeal of article 21 paragraph 1 c.
6. Item 2 article 21 be amended and supplemented as follows: "article 21. Make discount check for goods export fishery 2. Taking a test) Enterprise submitted a full analysis of the indicators as defined in the quality management program has been approved in the laboratory by the Ministry of agriculture and rural development and the full archive test results;
b) registered business check, certified quality and food safety of the shipment of fisheries as defined in article 11 of regulation attached to decision No 118 before the time expected to get the minimum certificate 5 (five) working days. Enclosed is a registration profile which details the information relating to the grant of a certificate;
c) after reviewing the records of registered enterprises, the Agency confirmed on registration Paper and send it back to the enterprise, which stated the shipment applies the reduced test mode or regular inspection. The Agency checked only perform sensory testing, bonded for shipments are steady check and just done test sample shipment according to normal mode with the frequency specified in clause 1 article 12 circular No. 78/2009/TT-BNNPTNT on December 10, 2009 by the Minister of agriculture and rural development regulation on test sample, tested the shipment. Perform test certification for shipments made regular test mode as specified in Chapter II of the regulation attached to the decision No. 118;
d) for shipments in an steady check, within a period of 1 (one) working day from the date of check for sensory, bonded at the scene and on the basis of the results of the business test, the Agency inspection certificate in the form prescribed by the importing market. ".
7. Abolition of the procedure "to check and quality certification, food safety and sanitation aquatic goods before putting out the domestic consumption market", "test procedure enhances the quality, hygiene and food safety of aquatic goods before putting out the domestic consumption market" and "Free check and quality certification FOOD SAFETY and hygiene, fishery goods before putting out the domestic consumption market ", specifically the following: a) repealed: art. 1 article 4, paragraph 1 article 5 article 6, paragraph 1, point c of article 10 paragraph 1, article 12, paragraph 1 Article 18.; Item 2 Article 23.; C clause 2 and point c paragraph 3 to article 24 and article 30.
b) art. Article 15 be amended and supplemented as follows: "article 15. Level certification

1. Since the end of the field test, the Agency checks the certificate for the shipment have satisfactory test results according to the following deadlines: a) not more than 1 (one) business day for goods exported in the form of fresh seafood, live ".
8. The points a, b, item 2 article 24 be amended and supplemented as follows: "article 24. Content, order enhanced test 2. Test content: in addition to the usual checks content according to the rules, the aquatic goods in an enhanced test will be checked more of the following: a) for aquatic goods export is performed according to the provisions in clause 5 article 12 circular No. 78/2009/TT-BNNPTNT on December 10, 2009 by the Minister of agriculture and rural development regulations checking, sampling lot testing seafood.
b) for aquatic goods imported for processing: specify more criteria analysis information alerts or sample tested for 5 (five) consecutive consignments of the same product type, of the same origin to specify the analysis of the target being detected does not guarantee the quality hygiene and food safety. Where the row already has 5 (five) previous shipments of the same product type, of the same origin have had test results, test samples meet the requirements on quality, food safety, inspection agencies perform testing with sampling frequency of 1 (one) in 5 (five) imported shipments of shippers ".
Article 3. Modify the additional paragraph 3, article 7 decision No 131/2008/QD-BNN on December 31, 2008 of Ministry of agriculture and rural development Bylaw issued safety control in harvesting krill bivalve as follows: "article 7. Implementing the program 3. Harvest control organization: a) the harvest facility to announce the time, location, volume NT2MV harvest is expected to control the harvest.
b) mode base harvest and post-harvest handling, harvest control authority/Agency, the organization is authorized to organize monitoring of field and harvest levels harvest monitoring votes/NT2MV origin certificates for each batch of raw materials within a period of 1 (one) working day from the date of the notice of the basis.
c) case-level monitoring, harvesting votes within 3 working days since the date of harvest, harvest facility to transfer the original harvest monitoring votes to control the harvest to be granted in Exchange for certificates of origin official NT2MV. Harvest control bodies must carry certification of origin NT2MV within a period of 1 (one) working days from the time of receiving the votes of harvest monitoring facility.
d) organized to prevent the harvesting of NT2MV from the suspension, prohibition of harvesting and transportation NT2MV from the region have yet to be controlled to the region has been controlled. "article 4. Repeal, amend and supplement some circular No. 56/2009/TT-BNNPTNT on 7/9/2009 of the Ministry of agriculture and rural development regulation on checks, monitoring food safety fisheries before marketed as follows: 1. Article 5 paragraph 1 point b is modified supplemented as follows: "article 5. Conditions of aquatic products are brought to market aquatic products used as food take out consumption in the domestic market b) for fisheries products through processing, processing must meet one of these conditions: production, business at the preliminary base, processing retention, storage, have recognised qualified guarantee FOOD HYGIENE; confirmed or announced conformity; ".
2. Annul paragraph 3 article 10.
Article 5. Terms of implementation 1. This circular has the effect after 45 days from the date of signing.
2. Director quality management products and aquatic products, 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.