THE
GOVERNMENT
|
SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom - Happiness
|
No. 59/2005/ND-CP
|
Ha
Noi, May 4, 2005
|
DECREE
ON CONDITIONS FOR A NUMBER OF AQUATIC RESOURCE PRODUCTION
AND BUSINESS LINES
THE GOVERNMENT
At the proposal of the Minister of Fisheries,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Governing scope
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. The conditions for practice
of aquatic resource veterinary medicine shall comply with the provisions of the Ordinance
on Veterinary Medicine
and the Governments decree
detailing the implementation thereof.
Article 2.- Application subjects
1. Domestic and foreign
organizations or individuals
engaged in aquatic resource production and/or trading
must abide by the
provisions of this Decree and relevant
provisions of Vietnamese law.
In cases where an international treaty which the Socialist Republic of Vietnam has signed
or acceded to contains provisions different from the provisions of this Decree, the provisions of such international treaty shall apply.
2. Particularly, foreign
organizations and individuals having fishing ships involved in fisheries activities shall comply with the provisions of the Governments Decree No. 191/2004/ND-CP of November
18, 2004 on management of fisheries activities of foreign fishing ships in the sea areas of Vietnam.
3. Households and individuals involved in aquaculture, aquatic
product processing, trading of fresh and raw or processed
aquatic products on a small scale and by manual methods
(under regulations of the Ministry of Fisheries), or with fishing ships of under 0.5 tons or
without fishing ships in aquatic
resource exploitation
shall not be subject to this Decree.
Chapter II
AQUATIC RESOURCE
PRODUCTION AND BUSINESS LINES REQUIRING PERMITS
Article 3.- Aquatic resource exploitation is a trade that requires permits
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 4.- Aquatic resource exploitation permits
1. An organization or individual may apply for aquatic
resource exploitation permits
(hereinafter called permit for short)
for many fishing ships but each permit
shall be only inscribed with the name of one fishing ship and valid only for
that ship.
2. The term of a permit shall not exceed 12 months.
3. The Ministry of Fisheries shall define forms
of permit according to the contents provided for in Clause 2, Article 16 of the
Law on Fisheries for nationwide
application.
Article 5.- Grant, extension and withdrawal of permits
1. To be granted
permits, organizations and individuals must fully meet the following conditions:
a/ Having fishing ship registration certificates;
b/ Having certificates of technical safety of fishing ships, for types of ship defined by the
Ministry of Fisheries;
c/ Having crew registry
books, for types of ship defined by the Ministry
of Fisheries;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
e/ Having suitable exploitation
trades and fishing gears as provided for by the Ministry of Fisheries.
2. Permits shall not be granted in the following
cases:
a/ Exploitation of banned aquatic species;
exploitation in restricted
areas, during the ban time or by banned methods;
b/ Exploitation of aquatic
species on the list of those whose reserve resources are drastically reducing
or threatened with extinction, as announced by the Ministry
of Fisheries.
3. Extension of permits Each permit may be extended for many times, with each extension
not exceeding 12 months.
4. The withdrawal of permits in different cases is provided
for in Article 18 of the Law
on Fisheries.
Article 6.- Permit-granting procedures and order
1. A dossier of application for permit comprises:
a/ The written application for permit;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. A dossier of application for permit extension:
a/ The written application for permit extension;
b/ The certificate of safety of the fishing ship (notarized copy);
c/ The granted permit (copy).
3. Competent permit-granting agencies
defined in Article
7 of this Decree shall consider to grant or extend permits
within 15 working
days as from the date of
receiving complete and valid
dossiers. In case of not granting
or extending permits, they must reply in
writing, clearly stating the reasons therefor.
4. Organizations and individuals applying for permits
or extension of permits must pay fees. The Finance Ministry shall define levels as well as the collection, payment, management
and use of fees for the grant of aquatic resource
exploitation permits.
Article 7.- Permit-granting agencies
1. The Department of Aquatic
Resource Exploitation and Protection under the Ministry of Fisheries shall grant permits to the following organizations:
a/ Enterprises and organizations attached to the Ministry of Fisheries;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c/ Armed forces enterprises and
organizations involved in economic
activities.
2. Fisheries Sub-Departments or Sub-Departments for Aquatic Resource Exploitation and Protection in the provinces or centrally-run cities shall grant permits to and withdraw
them from organizations and individuals
whose fishing ships are registered in the provinces or cities, except for fishing
ships of organizations
mentioned in Clause 1 of this
Article.
3. Agencies competent to grant permits shall also be competent to
withdraw or extend such permits.
Chapter III
CONDITIONAL PRODUCTION
AND BUSINESS LINES
Article 8.- Aquatic resource
production and business
lines requiring no permits
The following aquatic resource
production and business lines do not require permits
but must satisfy the law-prescribed conditions: production and/or trading of fishing gears and
equipment for exploitation of aquatic
resources; building and/or transformation of fishing ships; production and/or trading of aquatic breeds; aquaculture; production and/or trading of aquatic animal feed; aquatic product
processing; trading of aquatic
raw materials for food
processing.
Article 9.- Production and/or trading
of fishing gears and equipment for aquatic
resource exploitation
Organizations and individuals producing
and/or trading in fishing
gears (including materials and raw materials for the
manufacture of fishing gears) and aquatic resource exploitation
equipment must fully satisfy the
following conditions:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Having stores with clear
signboards and addresses.
3. Workshops, storehouses, equipment
and system for treatment of wastewater, solid wastes and exhaust gases
of production establishments must ensure environmental
protection criteria provided
for by law.
4. Production establishments must each have at least one technician who possesses an intermediate or higher degree in aquatic
resource exploitation or engineering.
5. Guaranteeing the publicized goods quality
standards; labeling goods in accordance with the
provisions of law.
6. Being allowed to produce and/or trade in
only those types of fishing
gear or aquatic resource exploitation equipment
not on the list of those banned by the Ministry
of Fisheries or by provincial-level Peoples
Committees.
Article 10.- Building, transformation of fishing ships
Organizations or individuals involved in building or transformation of fishing ships, of the
types subject to registry (except
for industrial or defense
shipbuilding establishments) must fully meet the following
conditions:
1. Places for construction of establishments
are in line with local plannings.
2. Having business registration certificates for building
and/or transformation of fishing
ships, issued by competent State management agencies.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. Workshops, facilities and equipment
must meet technical requirements
set by the Ministry of Fisheries; the system
of wastewater and solid waste treatment meets the environmental protection requirements under law provisions.
5. Each having at least one technician of intermediate
or higher degree in ship shells and another of intermediate or higher
degree in dynamics.
Article 11.- Production and/or trading of aquatic breeds
1. Organizations or individuals producing and/or trading
in (including preservation service) of aquatic breeds must fully meet the following conditions:
a/ Having business registration certificates for aquatic
breeds, issued by competent State management agencies;
b/ Places for construction of aquatic breed production and/or trading establishments
must conform with local plannings;
c/ Material and technical foundations, technical facilities and equipment, water
supply and drainage system, wastewater treatment system,
means of transportation and preservation of the establishments must meet production and business requirements of each subject as well
as quality grades of aquatic
breeds, ensuring veterinary sanitation and
environmental protection conditions under law provisions;
d/ Establishments producing and/or trading in parental breed stocks or commercial breed stocks must have technical staffs who possess certificates of being trained
in aquacultural techniques;
e/ Establishments producing and/or trading
in purebred, prototypal or grandparental breed stocks
must have technical staffs who possess university or higher degrees
in aquaculture;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
g/ Applying the compulsory technical process to the production of aquatic
breeds in accordance with regulations of the Ministry
of Fisheries.
2. Organizations or individuals producing and/or trading
in male breeds, female breeds, breeding sperms, breeding eggs and larvae of aquatic
animals must fully meet the following conditions:
a/ The conditions defined
at Points a, b,
c, f and g, Clause 1 of this Article;
b/ Having technical staffs who possess
certificates of training in artificial fertilization technique, embryo inoculation, hatching technique or aquatic breeding
technology;
c/ Implementing regulations
on management of exploitation and use of sperms,
embryos and environment for preservation and preparation of sperms
and embryos as provided for by the Ministry
of Fisheries;
d/ Male and female breeds of aquatic animals must be of clear origin and go through
veterinary quarantine;
e/ Implementing regulations on management
of exploitation and use of male
breeds, female breeds, breeding
eggs and larvae of aquatic animals as provided for
by the Ministry of Fisheries.
Article 12.- Aquaculture
Organizations or individuals engaged
in aquaculture must fully meet
the following conditions:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Places for construction of aquacultural establishments must conform to local plannings.
3. Establishments must ensure
technical conditions and criteria on
aquaculture as well as criteria on veterinary sanitation, food safety and environmental protection under the
provisions of law.
4. Using feeds, veterinary drugs, bio-products,
microorganisms and chemicals in accordance
with the provisions of law.
Article 13.- Production of feeds for
aquatic animals
Organizations or individuals producing
feeds for aquatic
animals must fully meet the following conditions:
1. Having business registration certificates for production of feeds for aquatic animals, issued by competent State management agencies.
2. Workshops, storehouses, facilities and equipment
as well as waste treatment
system must meet aquatic veterinary sanitation requirements under the provisions of law.
3. Having technical staffs who possess
intermediate or higher degrees
in food processing, food chemistry
or aquaculture.
4. Using veterinary drugs, bio-products, microorganisms and chemicals in accordance with the provisions of law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Organizations and individuals trading
in aquatic-animal feeds must
fully meet the following conditions:
1. Having business registration certificates for the
trading in aquatic-animal feeds,
issued
by competent State management agencies.
2. Having stores with clear
signboards and addresses.
3. Having preservation, display
and sale places that meet the quality
and veterinary sanitation requirements under the provisions of law.
4. The managers or sale staffs
possess certificates of training in aquatic-animal feeds or intermediate or higher degrees
in aquaculture.
5. Being allowed to trade in
only those types of aquatic-animal feed with publicized quality standards,
which meet aquatic veterinary sanitation standards, have goods labels as
provided for by law and are on the list of feeds for common use according
to regulations of the Ministry of Fisheries.
Article 15.- Aquatic product
processing
Organizations or individuals engaged
in aquatic product
processing must fully meet the following conditions:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Places for construction of aquatic product
processing establishments must conform to local
plannings;
3. Workshops, storehouses,
facilities and equipment, processing tools, sanitary
tools, water treatment system,
system for treatment of wastewater, solid wastes and exhaust gases, as
well as equipment for inspection of product quality
must meet sanitary conditions for food safety and environmental protection conditions under law provisions.
4. With regard to newly built establishments processing aquatic
products for food (under
regulations of the Ministry of Fisheries),
15 days before commencing operation and production, they must notify such to competent
agencies in order to be inspected and
recognized as meeting sanitary conditions for food safety.
5. Establishments processing aquatic products by industrial mode must each have at least
one official or technical staff who possesses a university degree in food technology, aquatic product processing, biology or bio-chemistry.
6. Laborers working directly in aquatic product-processing establishments must meet the prescribed health criteria and be equipped
with necessary labor protection devices.
Article 16.- Trading in aquatic raw materials for food
processing
Organizations or individuals trading
in aquatic raw materials for food processing
must fully meet the following conditions:
1. Having business registration certificates for registered trades,
issued by competent
State management agencies.
2. Having stores with clear
signboards and addresses.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. Being allowed to use only food additives
and chemicals on the list of those permitted for use and circulation in
Vietnam and using them with prescribed dosage or limits for preservation of aquatic products
in accordance with the provisions of law.
5. Business and/or service establishments must meet requirements on environmental protection and veterinary sanitation in accordance with the provisions of law.
Chapter IV
EXAMINATION, INSPECTION
OF PRODUCTION AND BUSINESS CONDITIONS; COMPLAINT AND DENUNCIATION; COMMENDATION
AND VIOLATION HANDLING
Article 17.- Examination, inspection of aquatic resource production and business activities
1. The Ministry of Fisheries, the other ministries and branches and the provincial-level Peoples Committees shall
have to organize examination and inspection of aquatic resource production and trading
activities and handle violations according
to their competence.
2. The contents of examination and inspection cover the observance of this Decree and implementation of commitments already made with competent State management agencies when registering business.
3. The examination and inspection of conditions for fisheries production and business lines must comply with the provisions of law.
Article 18.- Complaints, denunciations
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Individuals may denounce
to competent State bodies acts of violating the provisions of this
Decree by organizations or other individuals; illegal acts of persons of State bodies in
accordance with the provisions of
legislation on complaints and denunciations.
Article 19.- Commendation, rewarding
and violation handling
1. Organizations and individuals recording achievements in the implementation of this Decree shall be commended
or rewarded in accordance
with the provisions of legislation on commendation and rewarding.
2. All acts of violating the provisions of this Decree shall, depending on their nature and
seriousness, be administratively sanctioned or examined for penal liabilities; if causing damage, violators
must pay compensation therefor in accordance with the provisions of law.
3. Those who abuse their positions
and/or powers to act against
the provisions of this Decree and relevant provisions of law shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liabilities; if causing damage,
they must pay compensation therefor according to
the
provisions of law.
Chapter V
IMPLEMENTATION PROVISIONS
Article 20.- Implementation effect
1. This Decree takes effect 15 days after its publication in the CONG BAO
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 21.- Responsibilities
for providing guidance and implementation
1. The Ministry of Fisheries shall have to guide
the implementation of this Decree.
2. The ministers, the heads of the ministerial-level agencies, the
heads of the Government- attached agencies, the presidents of the provincial/municipal Peoples
Committees shall have to implement this Decree.
ON BEHALF OF THE
GOVERNMENT
PRIME MINISTER
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.