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Decree 87/2001/nd-Cp: About Business Conditions In The Fisheries Industry.

Original Language Title: Nghị định 86/2001/NĐ-CP: Về điều kiện kinh doanh các ngành nghề thuỷ sản.

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The DECREE of the GOVERNMENT About business conditions in the fisheries industry the GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;
Pursuant to the law on State enterprises of 20 April 1995;
Pursuant to the law on cooperatives of 20 March 1996;
Pursuant to the law of business on June 12, 1999;
Base Protection Ordinance and develop aquatic resources on April 25, 1989;
According to the recommendation of the Minister of fisheries;
 
DECREE: chapter I GENERAL PROVISIONS article 1. Scope.
This Decree regulates the business conditions in a number of industries including fisheries: fisheries exploitation (on the waters of Vietnam);
The production of aquatic varieties;
Aquaculture;
Aquatic (as food);
raising food production) fisheries;
e) manufacture of veterinary medicines (drugs, chemicals, biological preparations serve aquaculture).
Article 2. Object apply.
1. organizations, individuals and organizations, Vietnam foreign trade personal trades specified in article 1 of this Decree shall be subject to the provisions of this Decree and the other provisions of the law of Vietnam.
In the case of international treaties to which the Socialist Republic of Vietnam signed or joined other provisions with the provisions of this Decree shall apply to the provisions of international treaties that 2. Households and individuals, aquaculture, small scale business locations not within the planning region; household, individual processing of small scale, produced by manual methods (according to the regulations of the Ministry of fisheries) are not subject to this Decree.
 
Chapter II CONDITIONS of EXPLOITATION of FISHERIES article 3. Fisheries exploitation conditions.
The Organization, the individual exploit fisheries are licensed fisheries exploitation, except the mining trades aquaculture products specified in annex 1 attached to this Decree.
Article 4. License to exploit fisheries (hereinafter referred to as the license).
1. An organization or an individual can apply for license for more fish to the boat, but each license only write the name of a ship and the only valid use for it.
2. The term of the licence not more than 86 months.
3. Ministry of fisheries regulation license template to use.
Article 5. Licensing conditions 1. There are fishing vessel registration certificate 2. Have the certification Book capable of fishing vessel activity.
3. fisheries exploitation tools consistent with the Fisheries Ministry's regulations on the protection and development of resources.
4. list the Book violence Book boat crews and staff for crews working on ships under the provisions of the Ministry of fisheries.
5. The captain, the captain for that ship type according to the regulations of the Ministry of fisheries must be By the captain, the captain.
Article 6. Procedures and licensing process 1. Application for license include: a) application for license;
b) papers as specified in points 1, 2, 4, 5 article 5 of this Decree (valid copy).
2. The agency responsible for licensing: a) to receive and review;
b) within 15 days from the receipt of a valid application, license or reply in writing stating the reason for denial of a license.
3. organizations and individuals who apply for the licence fee to be paid under the provisions of the law.
4. Enterprises established and operated under the law on foreign investment in Vietnam, the procedure to apply for a license by the Decree No. 50/1998/ND-CP dated 13 July 1998 from the Government.
Article 7. Licensing Agency.
1. The Bureau of protection of aquatic resources for the Organization, individuals: a) The subdivisions of the Ministry of fisheries.
b) subdivisions of the central ministries;
c) armed forces do economics.
2. Protection of the aquatic resources of the province, the city directly licensing for organizations, individuals have no fish to the boat says in paragraph 1 of this article.
Article 8. The provisions of the license.
1. license revoked in the following cases: a) When means of liquidation or lost; does not ensure safety suspended operations or facilities have changed owners;
b) license being erased, corrected;
c) who go on the media violated the regulations on protection of aquatic resources were sentenced to administrative violations from 3 consecutive times over in the term of the license.
2. No license in the following cases: a) exploiting fisheries is prohibited, tapped in the forbidden zone, time bans or by the banned professions;
b source of reserves) species of fisheries exploitation has been exploited to the maximum level or are in decline.
 
Chapter III the FISHERIES INDUSTRY BUSINESS CONDITIONS article 9. The same production conditions.
The Organization, individuals produce aquatic breeds must have the following conditions: 1. the place seed production base construction of fisheries under the planning of fisheries or of local.
2. The pond, hot, equipment, water supply and sewerage systems, waste water treatment system of the facility to ensure the hygiene standards of animal health and protect the environment in accordance with the law.
3. Have at least one officer or technical workers have certificate has been training on seed production techniques by the Fisheries Agency authorities.
4. Just like the factory to ensure quality has announced, the facility must test yourself and take responsibility for the quality; to perform quarantine in establishments manufacturing and labeling regulations goods under the provisions of the law.
Article 10 conditions for commercial aquaculture.
The Organization, the individual commercial aquaculture must have the following conditions: 1. the location of aquaculture establishments under the planning of fisheries or of local.
2. The pond, Aquarium, water supply and sewerage systems, waste water treatment system to ensure the hygiene standards of animal health and protect the environment in accordance with the law.
3. Use the food, veterinary drugs as prescribed by the Ministry of fisheries and aquaculture products.
4. Aquaculture under the form of intensive cultivation, sale, industry must implement the provisions of the Ministry of fisheries on inspection and recognition of aquaculture businesses to ensure hygiene standards of food safety.
Article 11. Processing conditions.
The Organization, the individual must have sufficient processing the following conditions: 1. The location of building processing facilities must follow the planning of fisheries or of local.
2. Workshops, warehouses, equipment, processing tools, housekeeping, waste water treatment systems, solid waste and emissions testing equipment, product quality to ensure the hygiene standards of food safety, protection of the environment in accordance with the law.
3. seafood processing establishments as the industrial method must have at least one officer or technician in a University qualified specialisations: food technology, processing, biology, biochemistry.
4. To apply quality management system and the implementation of the provisions of the Ministry of fisheries on inspection and recognition of aquaculture businesses to ensure hygiene standards of food safety.
5. factory products are quality assurance announced, to test yourself and take responsibility for the quality of products; make regulations of labeling of goods under the provisions of the law.
6. Only use additives, chemicals in the list are allowed to use for storage and processing of aquatic products.
Article 12. Conditions for aquaculture feed production.
The Organization, individuals adopted aquaculture feed production must have the following conditions: 1. Workshops, warehouses, equipment, waste treatment system to ensure the aquatic animal health and hygiene, protection of the environment in accordance with the law.

2. Have at least one technical staff to meet the requirements of production technology and product quality testing (for production facilities according to industrial methods, technical staff should have undergraduate level upwards).
3. the factory products are quality assurance announced, to test yourself and take responsibility for the quality of products; make regulations of labeling of goods under the provisions of the law.
Article 13. Conditions of production of the aquatic animal health drugs.
The Organization, the individual production of aquatic veterinary medicines must have the following conditions: 1. Workshops, warehouses, equipment, waste treatment system to ensure the standards of environmental protection and veterinary hygiene. 2. There is at least a managers or technical staff who are dedicated to university level in a the major: veterinary medicine, biology, biochemistry, pharmacology or aquaculture.
3. the factory products are quality assurance announced, test yourself and take responsibility for the quality of products; make regulations of labeling of goods under the provisions of the law.
 
Chapter IV INSPECTION, inspection, COMPLAINTS, accusations, reward and HANDLE breach of article 14. Inspection, check the business activities of industries and aquaculture.
1. The Ministry responsible for fisheries inspection organization, check the business lines fisheries and processing the violation under the jurisdiction.
2. content inspection, check include the observance of the provisions of the law on business conditions in the fields of fisheries and the implementation of the commitment to the State Management Agency of competent jurisdiction when registering business.
3. The conduct of inspection, check the condition of the business lines fisheries must comply with the provisions of the law.
Article 15. Complaints, accusations.
The Organization, individuals have the right to complain, accuse State authorities, individuals with violations of the rights of enterprises according to the prescribed by the law on complaints and denunciation.
Article 16. Rewards and handle breach.
1. organizations and individuals who have achievements in the implementation of this Decree will be rewarded according to the provisions of the law. Any violation of the provisions of this Decree shall, depending on the nature and extent of the violation that sanctioned administratively or prejudice criminal liability; If the damage is compensated according to the provisions of the law 2. Who would take advantage of the Office, the Authority made contrary to the provisions of this Decree and the provisions of the relevant law depends on the nature, the extent to which violations were disciplined or prejudice criminal responsibility, if the damage is compensated according to the provisions of the law.
 
Chapter V article 17 ENFORCEMENT TERMS. Enforceable.
1. This Decree shall be enforceable after 15 days from the date of signing.
2. The organization, individuals are the business lines fisheries before the decree to this effect was continued to operate, but must ensure the business conditions under the provisions of this Decree before July 1, 2003.
Article 18. Responsibilities and implementation.
1. Ministry of fisheries is responsible for guiding the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.
 
Appendix 1 LIST of MINING OCCUPATIONS FISHERIES DO NOT NEED PERMITS 1. The seafood in sea mines: a) Log (by hand);
b) Scratch ngao, don, vọp, ... on the beach (by hand);
c) sentences, common pitfalls or traps fish strabismus in muddy river mouth;
d) Getting ignored by rạm, which, ...;
DD) the types of mines in coastal seafood (not in the list of occupations prohibited exploitation) does not use the media train, boat, canoes, baskets, or have friends using this media but the media payload under 0.5 tons register./.