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THE
GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM Independence
- Freedom – Happiness
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No.
14/2009/ND-CP
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Hanoi,
February 13, 2009
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DECREE
ON AMENDMENT AND SUPPLEMENT OF A NUMBER OF
ARTICLES OF THE DECREE NO.59/2005/ND-CP OF MAY 04, 2005 ON CONDITIONS FOR
PRODUCTION AND DOING BUSINESS OF A NUMBER OF AQUATIC PRODUCT BUSINESS LINES
THE
GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Fisheries
dated November 26, 2003;
Pursuant to the Law
on State Enterprises dated November 26, 2003;
Pursuant to the Commercial Law dated 14 December 06 2005;
Pursuant to the Law on Enterprises dated November 29, 2005;
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DECREE
Article 1.
To amend and supplement a number of Articles of the Decree
No.59/2005/ND-CP dated May 04, 2005 of the Government on conditions for
production and doing business of a number of aquatic product business lines
(hereinafter referred to as the Decree No.59/2005/ND-CP) as follows:
1. Point a, Clause 1 of Article 5 is supplemented as follows:
"a. Having certificate of registration for fishing vessel or written
certification of registration for fishing vessel under guidance of the Ministry
of Agriculture and Rural Development ".
2. Point d, Clause 1 of Article 5 is amended and supplemented as
follows:
"d. Shipmasters and chief engineers, for types of fishing vessels as
defined by the Ministry of Agriculture and Rural Development, are required to
have certificate, diplomas of shipmaster or chief engineer”.
3. Point b, Clause 1, Article 6 is amended and supplemented as follows:
"b. Copies of the following papers:
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- Certificate of fishing vessel technical safety for the fishing vessels
as defined by the Ministry of Agriculture and Rural Development;
- Book of Crew Names for fishing vessels as defined by the Ministry of
Agriculture and Rural Development;
- Diplomas or certificates of shipmaster, chief engineer for fishing
vessels as defined by the Ministry of Agriculture and Rural Development. "
4. Point b, Clause 2, Article 6 is amended and supplemented as follows:
"b. Copies of certificates of fishing vessel technical safety."
5. Clause 3, Article 6 is amended as follows:
"3. Competent licensing agencies defined in Article 7 of the Decree
No.59/2005/ND-CP shall review to grant licenses within seven (07) working days
and to renew the license within (05) working days from the date of receiving
complete and valid dossier. In case of refusal to grant or renew the license,
there must be a written reply clearly stating the reason."
6. Article 6a is supplemented as follows:
"Article 6a. Procedures and order of license renewal
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a. Licenses are lost;
b. Licenses are torn or damaged.
2. Dossier requesting for renewing license includes:
a. An application for renewing the license in the form set by the Ministry
of Agriculture and Rural Development;
b. A written certification of the competent authority (in case of loss of
license, torn or damaged license).
3. The competent agency shall renew the license within five (05) working
days from the date of receiving complete and valid dossier. In case of refusal
to renew the license, there must be a writing reply, clearly stating the
reasons there for.
5. The term of the renewed license is as the term of the license granted.
6. Organizations and individuals applying for license renewal shall pay
fee as prescribed by the Ministry of Finance. "
7. Clause 3 of Article 7 is supplemented as follows:
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8. Clause 4 of Article 9 is amended and supplemented as follows:
"4. Production facilities must have at least one technician who
possesses an intermediate or higher degree in disciplines of aquatic product
exploitation or engineering; Production facilities must have at least one
technician who possesses a certificate of training disciplines of aquatic
product exploitation or engineering".
9. Clause 5 of Article 10 is amended and supplemented as follows:
"5. Regarding levels of technical staffs:
a. Fishing shipbuilder, facilities converting fishing vessels with a total
main -engine capacity of less than 50 horsepower must have at least one
certified technician who has been trained on the process, rules,
technical standards for fishing shipbuilding and fishing ship-conversion;
b. Fishing shipbuilder, facilities converting fishing vessels with a total
main-engine capacity of more than 50 horsepower must have at least one
technician who has intermediate degree specialized in ship hull and at least
one technician who has intermediate degree specialized in ship engine;
c. In the process of newly building, converting fishing vessels with total
main-engine capacity of 250 horsepower or more, Fishing shipbuilder, facilities
converting fishing vessels must have engineers specialized in ship hull and
ship-engine for technical monitoring. "
10. To supplement points h, i into Clause 1 of Article 11 as follows:
"h. Having clear address, sign;
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11. Article 13 is supplemented Clause 5 as follows:
"5. Ensuring quality standards of goods publicized; labeling goods in
accordance with the law provisions."
12. Clause 5 of Article 14 is amended as follows:
“Being allowed to trade only for types of aquatic-animal feed on the list
of feed permitted for circulation in Vietnam, publicized quality standards,
which meet aquatic veterinary sanitation standards; having goods labels in
accordance with the law provisions.”
13. Article 16 is amended and supplemented as follows:
"Article 16. Preliminary treatment of
aquatic products, trade of aquatic raw materials used for food processing.
Organizations or individuals doing preliminary treatment of aquatic
products, trade of aquatic raw materials used for food processing must fully
meet the following conditions:
1. Having business registration certificates of preliminary treatment of
aquatic products, trade of aquatic raw materials issued by competent state
management agencies.
2. Having stores with clear signs and addresses.
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4. Only being used types of food additives, chemicals in the list of those
permitted for circulation in Vietnam, with the correct dosage, limit prescribed
by law.
5. The facilities must meet requirements on environmental protection and
veterinary hygiene in accordance with the law provisions.
6. Having at least one certified technician who has been trained in
hygiene and food safety".
14. Name of the agency-"Ministry of Fisheries" in the
Decree No.59/2005/ND-CP shall be replaced by "Ministry of Agriculture and
Rural Development".
Article 2. Effect
This Decree takes effect from April 01, 2009.
FOR THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
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