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Circular 26/2013/tt-Bnnptnt: Management Of Aquatic Breed

Original Language Title: Thông tư 26/2013/TT-BNNPTNT: Về quản lý giống thủy sản

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CIRCULAR on management of aquatic varieties _ _ _ _ _ _ _ _ _ pursuant to Decree No. 01/2008/ND-CP dated 03/01/2008 of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development; Decree No. 75/2009/ND-CP on 10/9/2009 of the Government about amending article 3 of Decree No. 01/2008/ND-CP of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;
Pursuant to the law of fisheries in 2003;
Pursuant to the law on quality of goods and products in 2007;
Basing the Ordinance just like pets 2004;
French veterinary command base in 2004;
Pursuant to Decree No. 59/2005/ND-CP dated 10/5/2005 of the Government regarding the conditions of production, trading some of the seafood industry; Decree No. 14/2009/ND-CP on February 13, 2009 the Government's amendments and supplements to some articles of Decree No. 59/2005/ND-CP dated 10/5/2005 of the Government regarding the conditions of production, trading some of the seafood industry;
At the suggestion of the General Director of the Bureau of fisheries;
The Minister of agriculture and rural development, issued a circular on the same fisheries management.
Chapter I GENERAL PROVISIONS article 1. Scope and objects 1. Adjustable range: a) this circular the management regulations on conditions of production, quality control, assay, like fisheries and the responsibility of the individual organizations concerned.
b) this circular does not include seafood like quarantine content; export licenses, import the same fisheries.
2. Objects: this circular apply to agencies, organizations, individuals and outside Vietnam are related to business operations, quality control, assay, just like in Vietnam.
Article 2. Explanation of terms In this circular, the terms below are interpreted as follows: 1. The breed aquatic products: Are the animals, aquatic plants including eggs, sperm, embryos and larvae of them used to produce seed, do the same for commercial breeding, pets, pets entertained.
2. Just like the new fisheries: aquatic breed Is first entered into, or was first created in Vietnam.
3. aquatic Varieties parents master the force include: shrimp (Litopenaeus vannamei, Penaeus vannamei), black tiger shrimp (Penaeus monodon), Pangasius (Pangasius hypophthalmus have been classified), tilapia (Oreochoromis spp).
4. Create the same: Is the select, hybrid, fertilization or the use of genetic engineering measures to create a new breed.
5. Run the same aquaculture: farming aquatic larvae is through the stages of development to complete metamorphosis into animal breeds.
6. the Nutrition of aquatic varieties: Is parenting like aquatic products in establishments manufacturing business for a time after being transported from the farm produce identical to restore health, the same size increase.
7. assay aquatic varieties: As the care, nurturing, monitoring aquatic breeding in the conditions and the time given to determine the distinctiveness, uniformity, stability in productivity, quality, disease resistance and reviews of just like that.
8. fisheries: seed inspection Is the examination, re-evaluation of productivity, quality, disease resistance, characteristic of the breed aquatic products after giving production or as a basis for quality seafood varieties fit standards.
Article 3. Of fees 1. Of fees in the same fisheries management is done according to the current rules of the Ministry of finance.
2. cost auditing, assay aquatic varieties perform under the contract, the agreement between the basis of assay, calibrated with the same base fisheries need auditing, assay based on the basic norms of the Ministry of finance and the real costs.
Chapter II BUSINESS CONDITIONS LIKE FISHERIES article 4. Conditions for breeding aquatic products breeding base organizations, individuals made to reproduce the same fishery products must meet the following rules: 1. Have a business registration certificate or certificate about the same investment decisions or regulations fishery functions of research aquatic produce, apply to public business units;
2. Venue construction must follow local planning or have written permission of the competent authority;
3. Have at least a qualified technical staff from intermediate upwards or aquaculture certification/certificate training in aquaculture because the Agency can function;
4. Where quarantine health tracking new aquatic varieties. Facilities and technical equipment to suit every species of aquatic products and each product in the same level meet according to the QCVN: 2009-02-15 BNNPTNT attached to circular No. 82/2009/TT-BNNPTNT on December 25, 2009 by the Ministry of agriculture and rural development, on the enactment of the national technical regulation on safety and food hygiene in the production of fisheries;
5. There are signs, clearly address;
6. To publish the same quality standards in fisheries and aquatic breeding quality assurance announced; implemented labeling seafood varieties when the circulation as defined in annex 1 attached herewith;
7. Make notes tracking profile business processes like fisheries, the content notes specified in section A, annex 2 and store records a minimum of three (3) years.
For seed production of aquatic registered applies the rules of good aquaculture practice VietGAP, GlobalGAP or equivalent standards upwards, make up a profile-like manufacturing process management according to the provisions of the rules of good aquaculture practices and the instructions of the competent organization reviews , certified.
Article 5. Conditions for the central facility, maintenance of aquatic breed organizations, individuals perform, like nourishing fisheries must meet the following rules: 1. Meet the provisions in clause 1, 2, 3, 5, 6, article 4 this circular;
2. Have the facilities and technical equipment to suit every species of aquatic products and each product level like: System hot, nourishing, aquatic breeding ponds; clean water supply and drainage system; equipment, instruments, guarantee maintenance of aquatic varieties.
3. Make notes tracking records in the process, maintenance of aquatic varieties, the content notes specified in section B of Appendix 2 and made the minimum record retention is two (2) years.
Article 6.  Conditions for production and business establishments like aquatic parents 1. Conditions for production and business establishments like fisheries organization parents, individuals make seafood varieties production business parents must meet fully the following regulations: a) satisfies the provisions of paragraph 1, 2, 4, 5, 6, 7 article 4 this circular.
b) had at least one qualified technical staff the University aquaculture specialist back-up.
2. conditions for production and business establishments like aquaculture parents.
The Organization, individuals perform the same business principal parents fisheries must meet the following rules: a) satisfies the provisions of paragraph 1 of this article;
b) had the same fisheries quality assurance: purebred breeds or breed was recognized through the same grade products or assay is the result of a research project, topic, select Create has recognized the Ministry or State level.
3. organizations and individuals before the production of the aquatic breeding business principal parents must send written notice to the General Department of fisheries to General, tracking and management (according to the model in Appendix 3 attached to this circular).
Chapter III the QUALITY SEAFOOD VARIETIES article 7. Published standards for fishery products 1. Production and business establishments like fisheries published standards. The sequence of construction and application of the standard was made under Circular No. 01/2007/TT-BKHCN on 28/9/2007 of the Ministry of science and technology on the guidance on the construction and application of the standard, circular, 29/2011/TT-BKHCN on 15/11/2011 additional amendments to circular No. 01/2007/TT-BKHCN.
2. The basis of aquatic seed production business Posted 01 record published standards apply to the management of local aquaculture to update and track management.  
3. Home base business, producing aquatic breeds must take responsibility for the quality of the aquatic varieties in the correct profile has announced.
Article 8. Certificate of conformity and the conformity of aquatic varieties announced The certification of conformity and conformity made according to circular No. 55/2012/TT-BNNPTNT on 31/12/2012 on procedures and the conformity certification organizations announced conformity in the scope of management of the Ministry of agriculture and rural development.
Article 9. Breeding quality aquatic products 1. The quality of hatchling aquatic products ensure the following requirements: a) ensure the base standard has published;
b) before circulation to perform quarantine under the provisions;
c) When transporting the same about the basis for the maintenance of large breeds, must have a clear origin records Bill, have documented, proven record of buying just like to run into the same large or where the receiver has the business registration certificates have the same central industries.
2. The quality seafood varieties parents ensure the following requirements: a) ensure the base standard has published;
b) before circulation to perform quarantine under the rules.
3. The quality of the aquatic breeding parents master the force ensure the following requirements: a) meets the provisions in paragraph 2 of this Article;
b) is checked before the disease tests for fertility as specified in Item 4-Appendix 1, attached to this circular;
c) ensure the technical requirements as specified in Item 4-Appendix 2 attached to this circular.
Chapter IV assay, the AQUATIC BREEDING INSPECTION article 10. Principle of the assay 1. The case of assay: a) aquatic Varieties were first created in the country.
new aquatic Varieties b) was first imported into Vietnam.
2. for the same fisheries through research, a hybrid created by the subject/project has recognized the Ministry or the State level, it is recognized as a new breed, the Directorate General of fisheries, the Ministry of agriculture and rural development, in addition to the list of varieties permitted fisheries production.
Article 11. Conditions for aquatic varieties assay base base done seafood varieties assay must meet the following rules:

1. Signed the assay activity aquatic breed with the competent State organs or functions like aquaculture research;
2. Have the infrastructure to meet the requirements of the assay object; consistent with the master plan and ensuring sanitary conditions and the law on the protection of the environment;
3. Have the physical facilities, specialized equipment to meet the requirements of the assay each object, the same level of fisheries products: the number of the pond or hot line with the deployment of sufficient water resources, assay satisfactory quality; water supply and drainage system, sewage ponds have guaranteed; make sure to check the environmental norms and the norms on seafood; There is enough food, chemicals, other products served during the assay.
4. Have at least 2 qualified technical staff the University aquaculture specialist back-up.
Article 12. Procedure for recognition of qualified basis assay 1. The registration profile to recognize qualified basis include: assay a) petition to recognize the basis of assay (according to annex 5 attached to this circular);
b) A presentation made the same assay conditions (according to annex 6 attached to this circular);
c) establishment or business registration certificate or certificate of investment have matching trades;
d) graduate of 2 technical staff.
The profile specified in points c, d paragraph 1 of this article is a copy and carry a political perspective for the base case of direct filing, or legal copy with base case submit resumes by mail.
2. sequence recognized qualified basis assay: a) the facility meets the conditions specified in article 11 of this circular have the need to register, send 1 record directly or via post on the Directorate of fisheries.
b) In less than 2 working days, if the records are incomplete, the General Department of fisheries have text answers and stating the reason.
c) In less than 15 working days from the date of receipt of a valid application, in case of need Of the fisheries Bureau organized the reality check of the basis of the conditions stipulated in article 11 of this circular.
d) base case meet the requirements, in time not exceeding 5 working days from the end date of the base reality check, General Directorate of fisheries issued the decision recognized and added to the list of establishments eligible aquatic varieties assay. The base case do not meet the requirements, check the record requested remedy and proceed to check back after the facilities have been completed and remediation have text suggest checking back.
DD) decided to recognize the basis of aquatic varieties assay in effect for 5 years. Before the expiry of the 3 month subscription needs basis do send text Of the Bureau of fisheries, the profile registration under Paragraph 3 of this article.
3. Profile registration: a) petition to recognize the basis of assay (according to annex 5 attached to this circular);
b) A presentation of conditions made the same assay (according annex 6 attached to this circular).
4. registration process: follow item 2 of this Article.
Article 13. Assay procedure like fisheries 1. The Organization, individuals have the same assay needs fisheries filed 01 record directly or via post on the Directorate of fisheries, including: a) assay application aquatic varieties (according to annex 6 attached to this circular);
b) outline of aquatic varieties assay (according to annex 8 attached to this circular);
c) assay contract between organizations, individuals register with base assay the assay was recognized aquatic Bureau;
d) technical documents on biological characteristics, reproductive, growth of new varieties.
2. Order: a) In less than 2 days Of test fisheries Bureau if incomplete records must have a written reply stating the reason;
b) In less than 15 working days from receipt of complete and valid dossier, the General Department of fisheries assessment organization outline of assay and answered in writing agree or disagree or suggest edits.
c) assay basis perform the assay according to the outline had been approved by the fisheries administration.
d) In less than 15 working days from the end of the assay, assay base send report results assay for organizations, individuals have the same fisheries register assay (according to annex 10 attached to this circular).
3. Monitor assay: a) monitoring unit: aquaculture management in the Department of agriculture and rural development in the place where the local assay.
b) surveillance: content according to the contents in the outline of aquatic varieties assay.
c) during monitoring if there are problems, the monitoring unit base requirements comply assay approved outline.
d) in time not exceeding 5 working days from the end of the assay, assay supervision unit reporting the results of monitoring of fisheries administration and organization, individual aquatic varieties assay.
4. Check the assay: a) check periodically: the Directorate of fisheries organisations check the assay activity aquatic varieties periodically do not exceed 2 times during the assay. The content and time of the test was to inform the basis of assay and the Organization, individuals have registered aquatic varieties assay.
b) sudden inspection: where necessary, without prior notice, the General Department of fisheries organisations to check directly the work of aquatic varieties assay.
c) test group composition: a representative from the State management of aquaculture in the General Department of fisheries and aquaculture management (if needed).
Article 14. Procedure for recognition of the new aquatic varieties 1.  Records suggest reviews and recognition of new aquatic breeds: after the end of the assay, organizations, individuals have the same assay fisheries posted 01 record suggest reviews and recognized the breed aquatic products Bureau of aquatic products, records include: a) the recommended Paper reviews and recognition assay (according to Appendix 3 attached to this circular);
b) reported the same assay results (according to annex 10 attached to this circular);
2. The order recognizing the new aquatic breeds: a) check the adequacy of the record in time not exceeding two (2) working days. If the records are incomplete, the General Department of fisheries have text answers and stating the reason. In less than 15 working days from receipt of application recommended reviews of the same assay results recognized fisheries and aquaculture General Directorate established the specialized scientific Board reviews the results assay.
b) after they are specialized scientific Council reviews and satisfactory conclusion, in less than 3 days, the General Department of fisheries issued a decision recognizing the new aquatic varieties (according to Appendix 11 attached to this circular). The case of the Board unsatisfactory evaluation, the Directorate of fisheries has written notice and stating the reason for the basis of aquatic varieties assay.
The facility is allowed to produce the same business immediately after having decided to recognize the new aquatic varieties.
c) In less than 15 working days after the decision to recognize the new aquatic breeds, Of the Bureau of fisheries and the Minister of agriculture and rural development, in addition to the list of varieties permitted fisheries production.
Article 15. The same control for fisheries 1. Auditing cases: a) at the request of the organization or individual;
b) at the request of management.
2. the auditing implementation bodies: the Directorate of fisheries.
3. The same fisheries inspection according to each target, each type of seed, each product in the same level. The results of test fisheries due to the varieties Of aquatic products Bureau announced.
Chapter V CHECK the CONDITIONS of PRODUCTION and QUALITY of AQUATIC BREED article 16. Check the conditions of production and business establishments like fisheries 1. Body check: is the aquaculture management city centrally.
2. check the bases: national technical regulation and the regulation of the Ministry of agriculture and rural development.
3. the implementation content, sequence checking circular No. 14/2009/TT-BNNPTNT on 29/3/2011 on the prescribed testing, assessment of business facilities, agricultural materials and agricultural products, forestry products and circular No. 01/2013/TT-BNNPTNT on 04/01/2013 of the amendments and supplements to some articles of the circular No. 14/2009/TT-BNNPTNT.
Article 17. Quality control of seed production in aquaculture 1. Test principle: a) The quality control of seafood varieties (including regulations) are made in production facilities.
b) checking the same quality aquatic products locally where reception is only done when there is questionable. The content and sequence of test carried out according to the content, sequence of aquatic breed quality control in manufacturing.
c) check the quality seafood varieties in production and business to follow the form of the test Group. The delegation examined by the agency manage established aquaculture, Veterinary Management Agency participated, coordinated (if needed).
2. inspection bodies: a) General Directorate of fisheries: sudden checks on the quality of the aquatic varieties in production on nationwide.
b) management aquaculture city centrally directly to check the quality of the aquatic varieties in the production business.
3. check the Base: a base standard) has announced to apply;
b) Regulations of the Ministry of agriculture and rural development on aquatic seed quality.
4. check the contents: a) check the quality seafood varieties on the basis of quality criteria was held, personal publication or registration application (number, size, type, age, level of purity, excrement, rate active status of breeding aquatic products, time used, number of times for reproduction ,...) According to Paragraph 3 of this article;
b) test results of conformity assessment, labeling, and seal the records in the process-like aquatic production business;

c) sampling, sample tests to check the conformity of the fishery with the same standards apply. The test according to the content of the provisions of this point is made when there is no quality assurance signs after making the content specified in point a, point b, paragraph 4 of this Article.
5. check form: a) according to the program, the approved plan: is the test forms are prior notice in writing.
b) irregular check: is the test form does not notice.
6. Order the same quality control of fisheries: a) announced the decision to establish the test group;
b) exercise control according to the content specified in paragraph 4 of this Article;
c) Established a check;
d) notify business establishments and to report to the Agency check of test results;
DD) handled violated the provisions of the law.
Article 18. Check the quality of imported seafood varieties 1. Test principle: a) to check the quality of imported seafood varieties do not apply to the following cases: just like imported seafood to assay, research, introduced at the fair, the exhibition.
b) the reduction, exemption and check the quality of imported aquatic varieties based on archive records and test results the same product by the same manufacturer in earlier time, minimum 3 shipment (for cases falling test), 5 the shipment (for test case) continuous quality , The General Department of fisheries decided and have written notice of the reduction, exemption and check the quality of imported aquatic varieties for the business.
c) location check the quality of imported aquatic varieties is conducted quarantine.
d) Organization, personal imports of aquatic breed after having done the quarantine procedures at the gate, sending the registration profile to check the quality of imported aquatic varieties of quality inspection agency.
2. quality control agency: a) General Directorate of fisheries: aquatic seed quality control main imported parents.
b) management aquaculture city centrally where livestock quarantine: check the quality of imported seafood varieties (except the main parent seafood varieties).
3. organizations and individuals who register to check the quality of imported aquatic products breeding establishment 1 record, send directly or sent by mail about the quality control agency. The records include: a) the paper recommended quality control (3) according to the model in annex 12 attached herewith;
b) original or a copy (stamped by importer base) papers: purchase contract, a detailed inventory of goods (Packinglist), purchase invoice (Invoice).
4. Order: a) upon receipt of registration records check, quality inspection agency review and additional base guide what content is missing or not correctly specified.
b) where a valid, full profile in time not exceeding 12 working days, the Agency confirmed to the quality control certificate, including notification to the basis for the content check, unity of time and place to check the quality and return for the Organization individual, 2 a registration certificate has been certified by the quality control agency.
5. check the contents: a) reality check of imported seed lot than the registration documents;
b) test norms for aquatic breeding parents: check the size, quantity, age, level of purity, size reproduction, the male rate, achieve the status, activity, morphology, structure of other indicators of the quality of aquatic varieties compared with the current rules of Vietnam.
c) test norms for aquatic varieties to commercial farming: check the size, quantity, age, level of purity, activity status, morphological structure, in other indicator of the quality of aquatic varieties compared with the current rules of Vietnam.
6. Processing test results: a) after having the test results (not more than 1 business day) Inspection Agency have written notification reaches the quality (according to the model in annex 13) for shipment to have the test results meet the requirements and submit to the Organization, individuals register.
b) where the test results do not guarantee quality as a rule, the Agency checks written notice does not reach the quality (according to the model in annex 13) for organizations, individuals register and handle regulatory violations.
Article 19. Check out the aquatic seed production base in the country to export 1. Pursuant to international treaties or agreements, cooperate on the same fisheries with fisheries management agencies of the country (exporter), Ministry of agriculture and rural development decided to establish unions, planned and actual test content production base similar fisheries in the country of export to Vietnam.
2. check the contents: a) the condition of infrastructure, engineering, veterinary and hygiene;
b) technology select Create and produce aquatic products;
c) profile of aquatic seed production process;
d) some other content.
3. Funds perform checking: due to State budget annual layout according to current rules.
Chapter VI RESPONSIBILITY of AGENCIES, organizations, INDIVIDUALS are RELATED to article 20. The Directorate of fisheries 1. About the same state management of fisheries within the country. Steer, professional guide service involves management of aquatic varieties.
2. Check the same manufacturing facility in the country of export to Vietnam. Quality control of aquatic varieties the main parent import or authorize the governing body of the local aquaculture implementation.
3. the registration records appraisal, evaluation and recognition of establishments eligible aquatic varieties assay and registration documents, reviews, recognition of aquatic varieties assay according to the regulations.
4. Check on the conditions of production and business establishments like fisheries parents (when individual organizations informed about the production of the main parents seafood varieties) or authorize the governing body of the local aquaculture implementation.
5. test, inspection of aquatic varieties within the country; check out the responsibilities of local authorities in the management of aquatic varieties.
6. General and the Minister of agriculture and rural development, issued the list of varieties permitted fisheries production.
7. Organizing Guide, implementing this circular.
Article 21. Animal health 1. The direction of veterinary management agency coordinating local participation in the test group, monitoring of quality seafood varieties.
2. Coordination with the Directorate of fisheries in the same fisheries management under the provisions of this circular.
Article 22. The Department of agriculture and rural development 1. State management of aquatic breed herewith in management.
2. Direction, guide, inspect, supervise subordinate agencies in the management of local fisheries-like management.
3. The direction of Veterinary Management Agency of fisheries and aquaculture management test execution, control of aquatic varieties at the same time, avoid troublesome to business.
4. General production situation reporting, sales, breeding quality aquatic products in the province of the General Department of fisheries 6 month recurring, 1 year or upon request and after inspection, checking on the same fisheries.
Article 23. The agency manages the local aquaculture 1. Statistical Organization, test, evaluate, classify business establishments, run, maintenance of aquatic varieties; the same quality control of local fisheries management regulations.
2. Check the quality of imported seafood varieties (except aquatic varieties parents master the force).
3. Host the inspection, test production base, like nursing, fisheries; Veterinary Management Agency coordinated fisheries conducted at the same time.
4. Guide the organisation and individuals announced standards under current rules.
5. The annual training organization, the common law rules on the same fisheries, aquatic seed production techniques.
6. Perform other duties authorized by the General Department of fisheries.
7. production situation reporting, sales, breeding quality aquatic products in the province about the fisheries administration quarterly, 6 months, 1 year or when required; After checking the quality of imported aquatic varieties and after inspection, checking on the same fisheries.
Article 24. The basis of the same assay of fisheries 1. Building outline and implement the correct assay approved outline.
2. Guide the Organization, individuals have the same assay Fisheries made the content of this circular and the provisions of other relevant laws.
3. Responsible for the assay results; are responsible for keeping records of minimum 5 years.
4. in case of incorrect results, causing damage to the production and aquaculture shall be liable for compensation costs assay for organizations, individuals have the same fisheries assay and compensation for damage in the process of production and use of aquatic varieties due to wrong cause assay.
Article 25. Organizations, individuals, business, nursing, just like fisheries 1. Implementation of the provisions related to aquatic breeding herewith.
2. Provide documentation, relevant records and create favorable conditions for the examination bodies in performing their duties.
3. Be responsible before the law about the same aquaculture production business by themselves, only to be taken like fisheries quality assurance out of circulation.
4. Submission of fees as defined in article 3 of this circular.
5. Have the right to recommend the State Management Agency provides information, regulations, forms related to aquatic breeding in accordance with the law.
Chapter VII IMPLEMENTATION Article 26. Transitional provisions within a period of 2 (two) years from the date of this circular effect, the Agency can function assay is stipulated in decision No 18/2002/QÐ-BTS on 03 June 2002 on regulation of aquatic varieties assay, food, medicines, chemicals and Biologicals used in aquaculture are made according to recognized subscription of this circular.
Article 27. Terms of implementation 1. This circular effect since July 5, 2013.

2. This circular replaces the content related to aquatic varieties assay in decision No. 18/2002/QD-BTS on 03 June 2002 of the Minister of fisheries on aquatic varieties assay regulation, food, medicines, chemicals and Biologicals used in aquaculture and replacing paragraph 3 section III circular No. 02/2006/TT-BTS on March 20 in 2006 the Ministry of fisheries on the instructions of Decree 59/2005/ND-CP of the Government on May 4th, 2005 on conditions of production, trading some seafood industry.
Article 28. Implementation In the process if there are difficulties and obstacles or discovered new problems arise, the timely report of the Ministry of agriculture and rural development (Directorate of fisheries) to consider additional amendment./.