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 the law of fisheries on November 26, 2003;

Ordinance base food safety hygiene and Decree No. 163/2004/ND-CP dated 7 September 2004 from the Government detailing the implementation of a number of articles of the Ordinance on food hygiene and safety;

Pursuant to Decree No. 79/2008/ND-CP on July 18, 2008 by government regulations governing system, inspection and testing of food hygiene and safety;

Base circular No. 31/2008/TTLT-BNNPTNT-BNV 5 June 2009 by the Ministry of agriculture and rural development, the Ministry of the Interior on the functions, duties, powers, organization and staffing of the Department of management of the quality products and aquatic products Department of agriculture and rural development;

The Ministry of agriculture and rural development working instructions check, monitoring food safety aquaculture before making the market as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular guides on order content make check, monitoring of food hygiene and safety for food hygiene fishery products placed on the market before; the responsibilities of the bodies performing inspection, monitoring and active participation base manufacturing, seafood business before making the market (hereinafter referred to as the base).

Article 2. Application object 1. This circular apply to: a) aquaculture facility.

b) fishing vessel; Fishing port; Fish market; Ice manufacturing facility independently serves the preservation and processing of aquatic food; The basis for the purchase, processing, storing, preserving, packing, processing of aquatic food only serves domestic consumption.

c) Ships food processing aquatic products for export; the cleaning base and supply krill bivalve living; independent refrigeration to preserve food fisheries; the basis of preliminary processing, storing, preserving, packing, processing of aquatic products export.

2. This circular does not apply to: The aquatic production facility is not intended to take the product off the market consumption.

Article 3. Explain the term In this circular, some words are interpreted as follows: 1. The food: seafood is all species, plants that live in water and amphibians, including eggs and those parts of them used as food or food processing and distribution of its components which contain aquaculture.

2. Production facilities, aquatic food business: is the Organization, individuals caught, aquaculture, procurement, preservation, processing, processing of aquatic products.

3. Take out the market: is putting aquatic products from the production facility, aquatic business out of domestic consumption or export.

4. test: is the assessment of the level of response of the production base, the food business of fisheries and the aquatic food product compared to the technical regulations, standards of FOOD HYGIENE under the current rules.

5. Monitoring: is the sampling analysis on the stage production of aquatic food business in order to assess the extent of compliance of the aquatic products compared to the technical regulations, standards of FOOD HYGIENE (not including the sampling inspection to ensure FOOD HYGIENE conditions of the premises).

Article 4. The Agency checks, monitoring compliance, FOOD HYGIENE supervision (hereinafter referred to as the Agency) fisheries before marketed, including: 1. Mining Bureau and protect aquatic resources: responsible for inspecting the implementation of measures to ensure FOOD HYGIENE in the entire process from catching preservation, transport, until the ship docked.

2. The Bureau of aquaculture: responsible FOOD HYGIENE inspection organization in the process of cultivating aquatic products.

3. Animal Health: responsible FOOD HYGIENE inspection organization of fisheries at the fish market.

4. Quality Management Bureau of agriculture and forestry production and fisheries responsible: a) FSH test organization for the facilities referred to in Point c, paragraph 1, article 2 of this circular.

b) develop a national monitoring program of FOOD HYGIENE fishery products.

5. The specialized agencies in the Department of agriculture and rural development, the central cities (hereafter referred to as the local inspection bodies) according to the assigned task is responsible for: a) FSH test for the facilities referred to in point b, paragraph 1, article 2, of this circular.

b) join the national monitoring programme on FOOD HYGIENE fishery products.

Article 5. Conditions of aquatic products are brought to market 1. Aquatic products used as food given out consumption in the domestic market: a) for fresh seafood products, life must ensure information is to retrieve the source of origin of the product.

b) for fisheries products through processing, processing must meet one of the following conditions:-production, business at the facility, processing, storing, preservation has recognized eligible guarantee FOOD HYGIENE;

-FOOD HYGIENE and quality certification of fisheries of local inspection authority granted under the provisions of the regulations attached to decision No 118/2008/QD-BNN on 11/12/2008 of the Ministry of agriculture and rural development (hereinafter referred to as regulation 118);

-Confirmed case announced rules;

2. aquatic products are exported if response: a) is produced from the base have been recognized eligible guarantee FOOD HYGIENE as stipulated by the Ministry of agriculture and rural development; at the same time, meet the provisions of the import market respectively.

b) is checked for quality, FOOD HYGIENE certificate (labeling requirements, the ratio of glazing, biological, chemical indicators, ...) according to the regulations of the importing country or the regulations of the Ministry of agriculture and rural development, announced the applied according to each period.

Chapter II inspection and MONITORING ACTIVITIES article 6. The extraction process, preserving aquatic transport of Local fishing ports and protection of aquatic resources responsible organization: 1. check the application of the measures to ensure FOOD HYGIENE in the entire process, from the catch, preserving, transportation until the ship docked under the national technical regulation of QCVN 2-13 : 2009/BNNPTNT fishing vessel-hygienic conditions of food safety.

2. To check compliance with the provisions of the Government, the Ministry of agriculture and rural development, on the prohibition of the exploitation, preservation, transportation of toxic seafood species used as food.

Article 7. At the basis of cultivating, harvesting and aquaculture 1. Bureau of aquaculture: organizing the inspection, certified breeding conditions to ensure FOOD HYGIENE according to the current rules of the Ministry of agriculture and rural development.

2. Quality Management Bureau of agriculture and forestry production and fisheries organizations deploy: a national monitoring program) about the chemical residues toxic to aquatic feed under the provisions of the regulations attached to decision No. 130/2004/QD-BNN.

b) national monitoring programmes on ATV in krill harvest bivalve as prescribed in the regulations attached to decision No. 131/2008/QD-BNN.

Article 8. At the fishing port of local inspection authority is responsible for: 1. check condition of ensuring FOOD HYGIENE for fishing vessel, fishing port, ice production facilities at the port the following sequence of procedures stipulated in the regulations attached to decision No 118/2008/QD-BNN on 11/12/2008 of the Ministry of agriculture and rural development (hereinafter referred to as Regulation 117) and the corresponding QCVN as follows: a) for fishing vessel: QCVN 02-13:2009/BNNPTNT fishing vessel-hygienic conditions of food safety.

b) for fishing port: QCVN 02-12:2009/BNNPTNT fishing port-hygienic conditions of food safety.

c) for ice production facilities at the port: QCVN: 2009-02-08 BNNPTNT ice production facility aquaculture-hygienic conditions of food safety.

2. Organizing test activities for sensory material, aquatic products at the port when the ship to dock, in case of need can sample tested indicators on FOOD HYGIENE; sampling the FOOD HYGIENE supervision in the port under a national monitoring program FSH fisheries harvest referred to in chapter III of this circular.

3. check the information serves the traceability of fisheries products (fisheries, fishing, extraction volume) before making the market.

Article 9. In the base currency to buy, preserve materials of local inspection bodies responsible for implementation: 1. Check to ensure the HYGIENE conditions in the following sequence of procedures prescribed in Regulation 117 and national technical regulation of QCVN: 2009-02-10 BNNPTNT the base currency to buy aquatic-hygienic conditions of food safety.

2. check for sensory material, aquatic products at the facility, in case of need can sample tested indicators on FOOD HYGIENE; FOOD HYGIENE fishery monitoring sampling at the base under a national monitoring program FSH fisheries harvest referred to in chapter III of this circular.

3. check the guarantee information traceability for aquatic products are purchased, categorized, stored and marketed by foundations.

Article 10. At the basis of preliminary processing, processing, packaging, storage, preservation and product 1. The quality management Department of agriculture forestry and fisheries and the local inspection bodies responsible for checking the condition of ensuring FOOD HYGIENE for the preliminary base, processing, packaging, storage, storage of finished products as defined in Regulation 117 and QCVN respectively as follows: a) for seafood processing facility : QCVN 02-01 to: 2009/BNNPTNT production base aquatic food business-general conditions to ensure food safety and hygiene QCVN 02-02: BNNPTNT/2009 production base aquatic food business – program quality assurance and food safety HACCP principles.

b) for seafood processing facility noodle: QCVN 2-3:2009/BNNPTNT seafood processing facility-hygienic conditions of food safety.

c) for the production of canned seafood: QCVN 02-04:2009/BNNPTNT production base of canned seafood products-hygienic conditions of food safety.


d) for dried seafood processing facility: QCVN: 2009-02-05 BNNPTNT seafood processing facility-dry conditions to ensure food safety.

e) for sauce production facility: QCVN: 2009-02-06 BNNPTNT production base sauce-hygienic conditions of food safety.

g) for krill production 2-piece shell: QCVN 02-07: BNNPTNT-2009 krill production base 2 piece casing-hygienic conditions of food safety.

h) for cold storage preservation: QCVN 02-09: BNNPTNT/2009-seafood cold storage conditions to ensure food safety.

2. Quality Management Bureau of agriculture and forestry production and fisheries inspection, certification for the aquatic food product exported under the provisions of regulation 118 and related regulations about test, shipment testing samples of fisheries of the Ministry of agriculture and rural development.

3. check local agency check, certification for fisheries products before consumption in the domestic market as stipulated in regulation 118 and the relevant provisions of the sampling, inspection of the Ministry of agriculture and rural development.

Article 11. At the fish market 1. Animal health, HYGIENE and inspection organization of the market in fishery and aquaculture products quarantine combinations according to national technical regulation of QCVN: 2009-02-11 BNNPTNT-fish market conditions to ensure food safety and relevant regulations of the Ministry of health.

2. Compliance monitoring sampling local FOOD HYGIENE in fish markets under a national monitoring program FSH fisheries harvest referred to in chapter III of this circular.

Chapter III NATIONAL MONITORING PROGRAMME on FOOD HYGIENE FISHERY PRODUCTS AFTER HARVESTING article 12. The construction and approval of the plan to deploy the monitoring program 1. The base test results, monitoring of the previous year, reflecting the information of the consumer, the market's warning about FOOD HYGIENE and the guidance of the Department of management of the quality of agricultural production and fisheries, local agency construction planning, provision of funding implementing program monitoring process of the Department of agriculture and rural development approved before sending the quality management Bureau of agriculture and forestry synthetic process and Fisheries Ministry.

2. Quality Management Bureau of agriculture and forestry production and fisheries general plan of deployment of the monitoring program, the Ministry of agriculture and rural development, approval and funding; implementation of unification in the program nationwide.

Article 13. The scope, object and monitor mode 1. The scope, object, target monitoring: a) the scope of monitoring: the monitoring program was implemented at the fishing port, fish market, the basis of collecting, processing, storing, preserving aquatic products within the country.

b) object and target monitoring:-for fisheries exploitation: monitoring sampling the target microorganisms; heavy metals; chemical preservatives (urea, borax, sun plugins, chloramphenicol); natural toxins.

-For aquaculture feed monitoring: sampling the chemical targets the preservation, microorganisms.

2. The supervision mode: a) periodic monitoring: the monitoring mode is usually done with a frequency of:-1 phase/year for aquatic products, salted, frozen, dry, no noodle; sauce, sauce forms and products of similar products.

-2 waves per year for seafood noodle products, aquatic products manufactured from species of aquatic products have hazard associated with the species.

b) irregular supervision: the monitoring mode is done when there is a problem about FOOD HYGIENE; According to the requirements of the Ministry of agriculture and rural development.

Article 14. Monitoring sampling 1. Samples are taken according to the random principle.

2. Samples taken must be sealed has the signature of the person represented, sampling sampled establishments. Case basis representatives did not sign, seal has the signature of the samples still have legal value.

3. Set the minutes of sampling, sample preservation and sent to the laboratory by the Ministry of agriculture and rural development.

Article 15. Testing and testing results notification 1. The analysis was performed according to the methods of the laboratory were the Ministry of agriculture and rural development.

2. After the analysis results, laboratory sent the notice to the agency that submitted the form (body check), and submit quality management Bureau of agriculture forestry and fisheries.

Article 16. Handle violation in the case of FOOD HYGIENE surveillance samples of post-harvest aquatic analysis results do not match the rules or the corresponding technical regulation, local agency: 1. reporting the results of analysis does not reach for the base and the base requirements to perform the appropriate remedy.

2. Union Bank check on conditions ensuring HYGIENE of premises and sampling assessment if needed. If the sample does not meet the inspection results, the local agency handling violation or recommend competent authorities handled according to the current regulations and requirements the base implementation of the remedy; including the recovery of products already circulating on the market and recommended relevant authorities to revoke the business license of the facility.

3. No case agreed with the analysis results, within 3 days from the date of the notice of the result does not meet the, the base has the right to suggest other specified laboratory performs analysis back to the form. The analysis results are quality management Bureau of agriculture and forestry production and fisheries, processing review concluded. The cost analysis due to home base pay.

4. where there is full evidence that the product does not conform with the regulations, the respective technical regulation, or establishments do not implement the requirements in the notice, the local agency recommendations to relevant authorities handle under the provisions of the law, the public notice on the mass media.

Chapter IV article 17 AUTHORITY RESPONSIBILITY. Mining Bureau and protect aquatic resources 1. Construction, the Ministry of agriculture and rural development issued the regulations, technical standards on FOOD HYGIENE fishery products during catching, storage, transport of fishery products on board to ensure FOOD HYGIENE and implementation guides in the country;

2. Presiding over training, common for fishermen to apply the method of the catch, preserving the carriage on board to ensure FOOD HYGIENE;

3. Direct the Bureau directly under the cooperation with the local inspection bodies in the implementation of the monitoring, inspection activities according to the content referred to in article 6 and handle the fishing vessel not maintain conditions to ensure FOOD HYGIENE fishery products as defined in point a, paragraph 1, article 8 of this circular.

Article 18. Bureau of aquaculture 1. Presiding over the building, the Ministry of agriculture and rural development issued the regulations, the national standards adopted ensure FOOD HYGIENE conditions for aquaculture facility and implementation guides in the country;

2. Guide the organization check, certified breeding conditions to ensure FOOD HYGIENE for the aquaculture facility; and the registration code to each breeding base;

3. Annual periodic announced the list of establishments in the scope of management; list of accredited institutions eligible to ensure FOOD HYGIENE and on nationwide.

Article 19. Animal health 1. The Ministry of construction, issued the regulations, technical standards of FOOD HYGIENE in the business process, preserving fisheries in fish markets and implementation guides in the country;

2. Presiding over training, popular for its production facilities, business in the bazaars to apply measures to ensure FOOD HYGIENE;

3. In coordination with the Bureau of aquaculture guidelines implement the adopted procedures for disease protection, and food safety.

Article 20. The quality management Department of agriculture forestry and fisheries 1. Unified guidelines to implement a national monitoring program; periodically verify the activities related to the national monitoring program;

2. Reviewing the proposal, the Ministry of agriculture and rural development issued the rules, standards, technical regulation on FOOD HYGIENE fishery products in the range is assigned and instructions apply in the country;

3. Training Organization, training, professional guide service, HYGIENE and inspection for local testing agencies;

4. Every year, in cooperation with the Department of agriculture and rural development, the unified list of establishments in the scope of management; publish a list of recognized institutions are eligible to ensure FOOD HYGIENE and on nationwide;

5. Synthesis and announced the list of the assigned laboratory involved the analysis of indicators on FOOD HYGIENE fishery products.

Article 21. The Department of agriculture and rural development 1. Steer, guide and check the implementation of this circular within assigned areas according to the assignment;

2. Review the proposal with the Ministry of agriculture and rural development (through the specialized Administration) modify, supplement the standards, the technical standards to suit the actual situation in the work of inspection, monitoring food safety fisheries;

3. In coordination with the relevant authorities the Organization guidelines, advocacy, training, HYGIENE and quality assurance knowledge for the objects in the scope of management.

Article 22. Inspection Agency in the Department of agriculture and rural development 1. To fulfill the tasks assigned in this circular.

2. store the entire system of records related to FOOD HYGIENE surveillance activities of fisheries in minimum time 2 years; provides profile, full and accurate explanation of the issues relevant to the inspection, monitoring, when Department of agriculture and rural development or quality management Bureau of agriculture and forestry production and fisheries request;

3. Annual periodic announced the list of establishments in the scope of management; list of accredited institutions eligible to ensure FOOD HYGIENE and on nationwide.

Article 23. Manufacturing, trading of fisheries 1. Responsible for implementing and maintaining the conditions for ensuring FOOD HYGIENE regulations.

2. check operations Executive, overseeing the Agency's aquatic FOOD HYGIENE checks and handle breach of the competent bodies.

3. Management of fish markets, fishing port are responsible for constructing the internal rules on the liability of the port, markets, and clarify the responsibilities of each object in the seafood business harbours and fish markets in the observance of FOOD HYGIENE rules.


Article 24. Specified laboratory analysis of samples of the national monitoring program 1. Comply with the regulations of the Ministry of agriculture and rural development for the laboratory is specified;

2. Ensure accurate test results, and the announcement of results; responsible for the results of the analysis performed by the laboratory.

3. Just announced the results of the analysis of samples in the national surveillance program for Agency/Agency sent samples and quality management Department of agriculture forestry and fisheries.

Chapter VI ENFORCEMENT PROVISIONS article 25. Effective enforcement of this circular effect since 22 November 2009. All content before left with provisions this regulation is repealed.

Article 26. Additional amendments in the course of implementation, quality management Bureau of agriculture forestry and fisheries, Department of agriculture and rural development the city directly under the Central Government are responsible for gathering the opinions of any organization or individual about the obstacles in the implementation of the circular the Ministry of agriculture and rural development to consider additional amendments accordingly.