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MINISTRY OF
AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.
13/2020/TT-BNNPTNT
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Hanoi,
November 9, 2020
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CIRCULAR
AMENDMENTS TO CIRCULAR NO. 21/2018/TT-BNNPTNT DATED NOVEMBER
15, 2018 ON RECORD AND SUBMISSION OF REPORTS AND DIARIES ON FISHERY ACTIVITIES;
ANNOUNCEMENT OF APPOINTED PORTS FOR VERIFYING ORIGIN OF EXTRACTED FISHERIES;
LIST OF FISHING BOATS CONDUCTING ILLEGAL FISHERY ACTIVITIES; VERIFICATION OF
EXTRACTED FISHERIES
Pursuant to Decree No. 15/2017/ND-CP dated
February 17, 2017 of the Government administering functions, tasks, powers and
organizational structures of the Ministry of Agriculture and Rural Development;
Pursuant to Law on Fishery in 2017;
At the request of General Director of
Directorate of Fisheries;
Minister of Agriculture and Rural Development
promulgates Circular on amendments to Circular No. 21/2018/TT-BNNPTNT dated
November 15, 2018 on record and submission of reports and diaries on fishery
activities; announcement of appointed ports for verifying origin of extracted
fisheries; list of fishing boats conducting illegal fishery activities;
verification of extracted fisheries (hereinafter referred to as “Circular No.
21/2018/TT-BNNPTNT”).
Article 1. Amendments to
Circular No. 21/2018/TT-BNNPTNT
1. Amend Clause 1 Article 4
as follows:
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2. Amend Clause 1 Article 5
as follows:
“1. Masters of aquatic resource procurement and
transport boats must record daily fishery procurement and transportation
activities using Form No. 2 under Annex I attached to this Circular and submit
daily fishery procurement and transportation diaries to fish port authorities
before unloading fisheries to ports.”
3. Amend Clause 2 and
Clause 3 Article 7 as follows:
“2. Supervise unloading of fisheries to ports
Upon receiving request for disembarkation of
masters of fishing boats, port authorities shall inspect list of fishing boats
conducting illegal fishery activities; if the approaching fishing boats are
mentioned under the list of fishing boats conducting illegal fishery
activities, reject unloading of fisheries and inform authorities for solutions
as per the law; if the approaching fishing boats are not mentioned under the
list of fishing boats conducting illegal fishery activities, arrange
disembarkation and assign officials to supervise quantity and compositions of
the fisheries that are unloaded to ports.
If quantity of unloaded fishery in practice is
detected to be higher or lower than the quantity declared prior to
disembarkation by 20%, make records and take actions as per the law or transfer
the case to competent authorities as per the law.
3. Receipt record of
fisheries unloaded to ports
At request of organizations and individuals
procuring fisheries, port authorities shall examine information on receipt
records of fisheries unloaded to ports prepared using Form No. 2 under Annex II
attached to this Circular, verify whether the information matches the disembarking
boats and store copies of the receipt records at port authorities.
Organizations and individuals shall be issued
with 1 receipt record corresponding to quantity and compositions of procured
fisheries when procuring fisheries from a disembarked fishing boat.”
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“1. A fishing boat shall be listed under the
list of fishing boats conducting illegal fishery activities if that fishing
boat:
a) is imposed
administrative penalties for any of the violations specified under Points a, b,
c, d, dd, e, g, i, n, and o Clause 1 Article 60 of Law on Fisheries;
b) is imposed administrative penalties for
repeating or committing administrative violations multiple times with respect
to any of the violations specified under Points h, k, l and m Clause 1 Article
60 of Law on Fisheries.
2. A fishing boat shall be
removed from the list of fishing boats conducting illegal fishery activities if
that fishing boat:
a. has removed registration according to
Point a and Point b Clause 1 Article 72 of Law on Fisheries;”
5. Amend Clause 1 Article
15 as follows:
“1. Direct, organize
implementation and examine compliance with regulations and law on countering
illegal fisheries activities, evasion of report duty and incompliancy with
regulations and law; verification of ingredients and origin of fisheries;
verification of import fishery ingredients for manufacturing and export to
requested market; certificate of origin of ingredients while collecting
specimen for food safety appraisal, assessment and certification of export
fishery shipment.”
6. Amend Clause 8 Article
17 as follows:
“8. Before the 20th of each month,
report to Department of Agriculture and Rural Development and Directorate of
Fisheries regarding verification results of extracted fisheries using Form No.
3 under Annex VII attached to this Circular; store documents related to
issuance of receipt record of fisheries unloaded to ports and verification of
extracted fisheries for 36 months from the date of verification.
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7. Amend Clause 2 Article
19 as follows:
“2. Fully store documents to ensure traceability
and distinguish batches of ingredient that have been produced from batches of
ingredient that have not been produced and remained in storage of facilities,
only receive and process ingredients with legitimate origin. Store
documents verifying domestically extracted fishery ingredients, certificate of
origins of extracted fisheries, commitment verification or certification of
export fishery products originating from extracted or imported fisheries within
36 months from the date of verification and certification. May submit
applications for certifying origin of extracted fisheries at any of competent
authorities specified under Annex IV attached to this Circular.”
8. Replace Form No. 2 under
Annex I with Form No. 1 under Annex attached to this Circular; replace Form No.
2 under Annex II with Form No. 2 under Annex attached to this Circular; replace
Form No. 4 under Annex II with Form No. 3 under Annex attached to this Circular;
replace Form No. 2 under Annex III with Form No. 4 under Annex attached to this
Circular.
Article 2. Transition
clauses
1. Masters of procuring and
transporting ships who have made diaries for procurement and transportation
using forms under Circular No. 21/2018/TT-BNNPTNT before the effective date of
this Circular may employ the diaries to verify and certify the fisheries for
respective sea trips.
2. Receipt records of
fisheries unloaded to ports issued before the effective date of this Circular
shall remain effective until the end of the expiration date specified thereon.
Article 3. Implementation
1. This Circular comes into
force from December 25, 2020.
2. Difficulties that arise
during the implementation should be reported to Directorate of Fisheries or
Department of Quality Control for consolidation and report to Ministry of
Agriculture and Rural Development for solution./.
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PP. MINISTER
DEPUTY MINISTER
Phung Duc Tien