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MINISTRY OF
AGRICULTURE AND RURAL DEVELOPMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
21/2018/TT-BNNPTNT
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Hanoi, November
15, 2018
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CIRCULAR
PREPARATION
AND SUBMISSION OF FISHING REPORTS AND FISHING LOGBOOKS; PUBLISHING OF LIST OF
FISHING PORTS DESIGNATED TO ISSUE STATEMENT OF FISHERY PRODUCTS PROCESSED FROM
CATCHES, AND IUU VESSEL LIST; VALIDATION OF CATCH STATEMENTS FOR RAW MATERIALS
AND CATCH CERTIFICATES
Pursuant to the Government’s Decree No.
15/2017/ND-CP dated February 02, 2017 defining functions, tasks, entitlements
and organizational structure of the Ministry of Agriculture and Rural
Development;
Pursuant to the Law on Fisheries 2017;
At the request of the Director General of the
Directorate of Fisheries,
The Minister of Agriculture and Rural
Development hereby promulgates a Circular on preparation and submission of
fishing reports and fishing logbooks; publishing of list of fishing ports
designated to issue statement of fishery products processed from catches, and
IUU vessel list; validation of catch statements for raw materials and catch
certificates.
Chapter I
GENERAL PROVISIONS
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This Circular provides for preparation and
submission of fishing reports and fishing logbooks; publishing of list of
designated fishing ports having sufficient systems for statement of fishery
products processed from catches; publishing of the IUU (illegal, unreported, or
unregulated) vessel list; validation of catch statements for raw materials and
catch certificates; statement of imported raw materials or fishery products
processed from imported raw materials that do not violate the illegal fishing
regulation.
Article 2. Regulated entities
Organizations and individuals involved in catching
of aquatic resources and fishing logistics for catching aquatic resources;
purchase, transshipment, transport, handling, processing, import and export of
fishery products derived from commercial fishing; validation of catch statements
for raw materials and catch certificates, catch statement of raw material
imported to be processed and exported into target country.
Article 3. Definitions
For the purposes of this Circular, the terms below
shall be construed as follows:
1. “fishing logbook” means a physical or
electronic book in which daily fishing activities of an aquatic resource
catching vessel are recorded.
2. “purchase and transhippment logbook” means
a physical or electronic book in which the purchase and transhippment of fishery
products by a vessel engaged in the purchase and transshipment is recorded.
3. “fishing report” means a physical or
electronic report in which results of fishing activities of an aquatic resource
catching vessel with a maximum length of from 6 to less than 12 meters or a
fishing logistics vessel for a voyage for a certain period of time are
recorded.
4. “statement of raw material” means a
competent authority stating a raw material processed from catches does not
violate the regulation on illegal, unreported and unregulated fishing
(hereinafter referred to as “IUU regulation”).
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6. “catch statement of imported raw materials or
fishery products processed from imported raw materials” means a competent
authority stating a shipment of fishery products processed from imported raw
materials that do not violate IUU regulation.
Chapter II
PREPARATION AND
SUBMISSION OF FISHING REPORTS AND FISHING LOGBOOKS
Article 4. Preparation and
submission of fishing reports and logbooks by aquatic resource catching vessels
1. The master of the aquatic resource catching
vessel with a length of at least 12 meters shall prepare a fishing logbook
according to Form No. 01 in the Appendix I hereof and present it to the fishing
port management organization within 24 hours after the handling of fishery
products at the port is done.
2. The master of the aquatic resource catching
vessel with a maximum length of from 06 to less than 12 meters shall prepare a
fishing report according to Form No. 03 in the Appendix I hereof and submit it
to the fishing port management organization once a week.
Article 5. Preparation and
submission of fishing reports and logbooks by fishing logistics vessels
1. The master of the fishery product purchase and
transshipment vessel shall prepare an fishery product purchase and
transshipment logbook according to Form No. 02 in the Appendix I hereof and
present it to fishing port management organization within 24 hours after the
handling of fishery products at the port is done.
2. The master of the vessel engaged in exploration,
search for and trapping of aquatic resources shall prepare an aquatic resource
exploration, search and trapping report according to Form No. 04 in the
Appendix I hereof and submit it to fishing port management organization within
24 hours after the vessel enters the port.
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PUBLISHING OF LIST OF
FISHING PORTS DESIGNATED TO ISSUE STATEMENT OF FISHERY PRODUCTS PROCESSED FROM
CATCHES, AND IUU VESSEL LIST
Article 6. Publishing of list
of designated fishing ports having sufficient systems for statement of fishery
products processed from catches
1. A designated fishing port having sufficient
systems for statement of fishery products processed from catches is a port that
satisfies criteria applied to Class 1 or Class 2 fishing ports and has been
opened as prescribed.
2. On a quarterly basis, the Department of
Agriculture and Rural Development shall carry out review and report a list of
designated fishing ports having sufficient systems for statement of fishery
products processed from catches according to the Form No. 01 in the Appendix II
hereof to the Directorate of Fisheries, which will submit a consolidated list
to the Ministry of Agriculture and Rural Development.
3. The list of designated fishing ports having
sufficient systems for statement of fishery products processed from catches
shall be posted on the website of the Directorate of Fisheries.
Article 7. Inspection of
fishing vessels and production of fishery products at fishing ports
1. Authorities in charge
a) Departments of Agriculture and Rural Development
shall organize the inspection of fishing vessels at fishing ports.
b) Fishing port management organizations shall
supervise the handling of fishery products at ports, provide working office and
cooperate in inspecting fishing vessels at fishing ports.
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Upon receiving the port entry request from the
owner or master of fishing vessel, the fishing port management organization
shall compare it with the IUU vessel list. In case the fishing vessel is on the
IUU vessel list, refuse the handling of fishery products, and notify a
competent authority. In case it is not on the IUU vessel list, allow the
fishing vessel entering the port to handle fishery products and assign
personnel to monitor the production and components of aquatic species handled
at the port.
In case it is discovered that there is a difference
of more than or less than 20% between the production of fishery products
actually handled and that of fishery products declared before their entry into
the port, it is required to make a record, handle it within power or transfer
it to a competent authority.
3. Receipts for fishery products handled at a port
At the request of the vessel owner or the master,
the fishing port management organization shall check information about the
fishing vessel and fishing logbook, and issue receipts for fishery products
handled at the port using the Form No. 02 in the Appendix II hereof.
Receipts shall be issued to each voyage at the
request of the vessel owner or the master, but the total production of fishery
products specified in receipts must not be greater than the production of
fishery products actually handled at the port.
4. Inspection of fishing vessels entering a port
a) Vessels subject to the inspection: fishing
vessels with a maximum length of at least 24 meters; regarding fishing vessels
with a maximum length of less than 24 meters, inspect at least 20% of number of
vessels engaged in catching tunas, 10% of number of vessels engaged in trawls
and 05% of number of vessels engaged in other fishing gear per total number of
fishing vessels entering a port for handling of fishery products; fishing
vessels suspected of violating the IUU regulation.
b) Inspection contents: inspect information
specified in the fishing logbook or fishery product purchase and transshipment
logbook against the production and components of aquatic species on the fishing
vessel, relevant to the fishing gear; compare name and registration number of
fishing vessels with those of the fishing vessels on the IUU vessel list that is
published by the Ministry of Agriculture and Rural Development;
c) An inspection report shall be made using the
Form No. 03 in the Appendix II hereof.
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a) Vessels subject to the inspection: fishing
vessels with a maximum length of at least 24 meters; regarding fishing vessels
with a maximum length of less than 24 meters, inspect at least 20% of number of
vessels engaged in catching tuna, 10% of number of vessels engaged in trawls
and 05% of number of vessels engaged in other fishing gear per total number of
fishing vessels leaving a port for fishing purposes;
b) Inspection contents:
Inspect and compare name and registration number of
fishing vessels with those of the fishing vessels on the list of the IUU vessel
list that is published by the Ministry of Agriculture and Rural Development;
Inspect documents: Registration certificate of
fishing vessel; fishing license; fishing vessel safety certificate; fishing
logbook (made using the form); certificates or diplomas of master, chief
engineer and engine ratings; seaman's discharge book;
Carry out physical inspection: maritime equipment,
rescue and fire safety equipment; communication and signaling system;
tachograph; fishing gears; seafarers; fishing vessel marking;
c) An inspection report shall be made using the
Form No. 04 in the Appendix II hereof.
6. In case any violation is found, the inspecting
authority shall make a record, handle it within its power or transfer it to a
competent authority.
Article 8. IUU vessel list
1. The fishing vessel included in the IUU vessel
list means a vessel committing an administrative violation for which a penalty
has been imposed and such violation is one of the violations specified in
Clause 1 Article 60 of the Law on Fisheries is committed.
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a) It is deregistered as prescribed in Clause 1
Article 72 of the Law on Fisheries;
b) The owner of the fishing vessel specified in Clause
1 of this Article has finished abiding by the decision on actions against
administrative violations and taking remedial measures according to the
decision on actions against administrative violations.
3. On a weekly basis, the provincial fisheries authority
that manages fishing vessels catching fishery products at sea shall compile a
consolidated list of fishing vessels under Clauses 1 and 2 of this Article and
send it to the Directorate of Fisheries for inclusion or removal thereof in or
from the IUU vessel list on the website of the Directorate of Fisheries.
Chapter IV
VALIDATION OF CATCH
STATEMENTS FOR RAW MATERIALS AND CATCH CERTIFICATES
Article 9. The power to
validate catch statements for raw materials and catch certificates
1. The fishing port management organization
designated as prescribed in Clause 3 Article 6 of this Circular shall, upon
request, validate catch certificates for fishery products in terms of weight
and components of aquatic species, catch areas and date with respect to fishing
vessels handling fishery products at the fishing port.
2. Provincial fishery authorities published on the
website of the Directorate of Fisheries in the Appendix IV hereof shall
validate catch certificates for fishery products that do not violate the IUU regulation.
3. The National Agro - Forestry - Fisheries Quality
Assurance Department shall validate statements of export fishery products
processed from imported catches or catch statements for raw materials by
ICCAT’s regulations that do not violate the IUU regulation at the request of
the regional fisheries management organization or the importing country.
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Article 10. Validation of
catch statements for raw materials
1. The applicant for validation of catch statement
for raw materials shall submit an application to the organization managing the
fishing port where the fishing vessel handles fishery products at the port,
whether directly or by post or electronically (if any).
2. An application includes:
a) A completely filled-out catch statement for raw
material (Form No. 01 in the Appendix III hereof);
b) An original of the receipt for fishery products
handled at the port issued by the fishing port management organization. In case
the application is submitted electronically, a photocopy of the receipt is
required.
3. Within 02 working days from the receipt of the satisfactory
application, the fishing port management organization shall check the
information to be validated in terms of weight and components of aquatic
species against the logbook on the fishing vessel entering the port for fishery
product handling, catch areas and date against the vessel's voyage in the
fishing vessel monitoring system and issue the catch statement for raw material
according to the Form No. 01 in the Appendix III hereof. In case of rejection
of the application, the fishing port management organization shall respond and
provide explanation in writing.
In case of failure to specify weight of all fishery
products in the receipt, the fishing port management organization shall return
the original of the receipt in which the weight of the remaining fishery
products is specified. In case weight of all fishery products has been
specified, the fishing port management organization shall collect the original
of the receipt and retain it.
4. Applicants shall pay application fees as
prescribed.
Article 11. Issuance and
re-issuance of catch certificate
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2. An application includes:
a) A copy of the catch statement for raw material
that describes the raw material used according to Section B Form No. 01 in the
Appendix III hereof. In case the raw material has not yet been used up, the
applicant shall submit the original of the catch statement for raw material so
that the competent authority can certify the amount of raw materials that has
not yet been used. In case the raw material has been used up, the competent
authority shall collect the original of the catch statement for raw material
and retain it;
b) A catch certificate prepared using the Form No.
02 in the Appendix III hereof for the product exported to European market or
the Form No. 03 in the Appendix III hereof for the product exported to markets
of the countries belonging to International Commission for the Conservation of
Atlantic Tunas or a completely filled-out certificate at the request of the
competent authority of the importing country;
c) Additional information for fishery products
obtained from the fishing vessels of Vietnam and Transport details under the
Forms No. 02a and No. 02b in the Appendix III hereof.
3. The catch certificate shall be reissued in case
the original catch certificate is torn or lost or any information written on
the certificate is revised. An application for re-issuance of the catch
certificate includes:
a) An application form (Form No. 05 in the Appendix
III hereof);
b) A completely filled-out catch certificate
prepared according to the Form No. 02 or No. 03 in the Appendix III hereof at
the request of the competent authority of the importing country;
c) An original of the catch certificate that is
torn or contains incorrect information (except for the cases where the certificate
is lost).
4. Within 02 working days from the receipt of the
satisfactory application, the competent authority shall check information,
appraise application and:
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b) not certify information provided in the catch
certificate if it fails to correspond to the information about the fishing
vessel, fishing license and catch statement for raw material. In case of
rejection of the application, the competent authority shall respond and provide
explanation in writing.
5. The number of the reissued certificate must be
that of the original of the catch certificate and an “R” letter shall be added
after the certificate number. The issuing authority shall notify the
re-issuance of the catch certificate to relevant competent authorities.
6. Applicants shall pay application fees and
charges as prescribed.
Article 12. Validation of statements
of export fishery products processed from imported catches or catch statements
for raw materials by ICCAT’s regulations
1. Any organization or individual that wishes to
apply for validation of statement of export fishery products processed from
imported catches or catch statement for raw material by ICCAT’s regulations
shall submit an application and receive results of administrative procedures
and procedures for issuance of food safety certificate for the shipment of
exported fishery products under the Circular No. 48/2013/TT-BNNPTNT dated
November 12, 2013 of the Minister of Agriculture and Rural Development. An
application for validation of the statement of export fishery products
processed from imported catches or catch statement for raw material by ICCAT’s
regulations includes:
a) An original or copy of the catch certificate
issued by the competent authority of the flag country;
b) A completely filled out statement of export
fishery products processed from imported catches or catch statement for raw
material by ICCAT’s regulations prepared using the Form No. 03 or No. 04 in the
Appendix III hereof or another equivalent document requested by the competent
authority of the importing country or the regional fisheries management
organization.
2. The competent authority specified in Clause 3
Article 9 of this Circular shall inspect or validate the statement of export
fishery products processed from imported catches or catch statement for raw
material by ICCAT’s regulations. To be specific:
a) Compare information about the aquatic resource
catching vessel and other information (flag country, weight and types of
fishery products) provided in the catch certificate issued by the competent
authority of the exporting authority to the shipment of raw materials imported
into Vietnam with the following information:
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List of fishing vessels registered and licensed for
fishing (including information about aquatic species, catch areas and season)
of the regional fisheries management organization recognized by the competent
authority of the importing country (for the flag country that is a member of
this organization);
b) Compare weight and types of raw materials
imported to be processed for export with information about the shipment subject
to quarantine inspection and certification by the veterinary agency upon import
into Vietnam;
c) Compare weight and types of raw materials
imported to be processed for export with the statistical document about the
statement of export fishery products processed from imported catches and
documents about the monitoring carried out during the inspection and
certification of food safety of shipment of exported fishery products processed
from catches;
d) Compare other regulations of the competent
authority of the importing country, statement of export fishery products
processed from imported catches or catch statement for raw material by ICCAT’s
regulations or other equivalent document requested by the regional fisheries
management organization.
3. Within 02 working days from the end of the
inspection, the competent authority shall validate the statement of export
fishery products processed from imported catches or catch statement for raw
material by ICCAT’s regulations if the shipment complies with regulations
specified in Clause 2 of this Article. In case of rejection of the application,
the competent authority shall respond and provide explanation in writing.
Article 13. Inspection of
validation of catch statements for raw materials and catch certificates
1. Inspecting authorities are the Directorate of
Fisheries and the National Agro - Forestry - Fisheries Quality Assurance
Department.
2. Inspected entities: provincial fishery
authorities, designated fishing port management organizations having sufficient
systems for statement of fishery products processed from catches; fishery
product processing and exporting establishments that validate catch statements
for raw materials and catch certificates.
3. Inspection contents:
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b) Inspect procedures and applications for
inspection of fishing vessels entering and leaving ports and monitor the
production of fishery products handled at fishing ports.
4. Processing of inspection results: In case any
violation is found, the inspecting authority shall, depending on the degree of
violation, take actions or request a competent authority to take actions
against such violation, request the Ministry of Agriculture and Rural Development
for removal from the list of designated fishing vessels with respect to the
fishing vessel management organizations that fail to comply with regulations on
statement of raw materials processed from catches, thereby resulting in the
return of shipments or violate procedures for inspecting validation of catch
statements for raw materials and catch certificates.
Chapter V
RESPONSIBILITIES AND
RIGHTS OF ORGANIZATIONS AND INDIVIDUALS
Article 14. Directorate of
Fisheries
1. Organize the implementation of this Circular.
2. Provide training for organizations and
individuals related to preparation and submission of fishing reports and
logbook, validation of catch statements for raw materials and catch
certificates.
3. Organize the inspection of validation of catch
statements for raw materials and catch certificates by relevant organizations
and individuals.
4. Take charge of resolving difficulties in
validation of catch statements for raw materials and catch certificates; cooperate
with relevant authorities in exchanging information and handling issues
concerning validation of statements of export fishery products processed from
imported catches or catch statements for raw materials by ICCAT’s regulations.
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6. Submitting consolidated reports on validation of
catch statements for raw materials and catch certificates to the Ministry of
Agriculture and Rural Development.
Article 15. National Agro -
Forestry - Fisheries Quality Assurance Department.
1. Direct, organize and carry out periodic
inspection and monitoring of activities related to validation of statements of
export fishery products processed from imported catches or catch statements for
raw materials by ICCAT’s regulations.
2. Perform unified management of professional
operations; provide training for personnel in charge of validation of
statements of export fishery products processed from imported catches or catch
statements for raw materials by ICCAT’s regulations.
3. Take charge of negotiating with foreign
competent authorities about exchanging information and resolving difficulties
in validation of statements of export fishery products processed from imported
catches or catch statements for raw materials by ICCAT’s regulations.
4. Submit quarterly reports on validation of statements
of export fishery products processed from imported catches or catch statements
for raw materials by ICCAT’s regulations to the Directorate of Fisheries, which
will submit a consolidated report to the Ministry of Agriculture and Rural
Development.
5. Direct National Agro-Forestry-Fisheries Quality
Assurance Department Branches to:
a) validate statements of export fishery products
processed from imported catches or catch statements for raw materials by
ICCAT’s regulations as prescribed in Article 12 of this Circular;
b) instruct owners of imports to follow procedures
and address issues concerning validation of statements of export fishery
products processed from imported catches or catch statements for raw materials
by ICCAT’s regulations as prescribed in this Circular;
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Article 16. Departments of
Agriculture and Rural Development of provinces and central-affiliated cities
1. Direct, disseminate, provide guidelines and
inspect the implementation of this Circular within their provinces.
2. Organize the inspection and control of fishing
vessels engaged in IUU fishing activities at fishing ports within their
provinces.
3. Provide counseling to People’s Committee of
provinces about provision of funding and human resources, and fulfillment of
conditions for inspection of fishing vessels at fishing ports, and validation
of catch statements for raw materials and catch certificates by competent
authorities.
4. On a quarterly basis, review and compile a list
of designated fishing ports having sufficient systems for statement of fishery
products processed from catches to the Directorate of Fisheries, which will
submit it to the Ministry of Agriculture and Rural Development.
5. Update and report changes to organizational
structure and personnel specified in Clauses 1 and 2 Article 9 of this Circular
(specimens of seals and signatures) to the Directorate of Fisheries, which will
notify competent foreign authorities.
6. Instruct owners of imports, vessel owners and
masters to follow procedures and address issues concerning validation of catch
statements for raw materials and catch certificates as prescribed.
7. Request masters and vessel owners or
representatives of vessel owners and owners of imports to provide relevant
information to serve the inspection and validation of catch statements for raw
materials and catch certificates as prescribed.
8. Update data from fishing logbooks and reports to
the national fisheries database.
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10. Review and submit consolidated lists of fishing
vessels to be included in or removed from the IUU vessel list to the
Directorate of Fisheries as prescribed in Clause 3 Article 8 of this Circular.
11. Submit consolidated reports on fishing
activities obtained from fishing logbooks and reports, validation of catch
statements for raw materials and catch certificates, and fishing vessels
engaged in IUU fishing activities to the Directorate of Fisheries by the 20th
of every month or upon request.
12. Submit reports on validation of catch
certificates according to the Form No. 01 in the Appendix VII hereof; retain
documents about validation of catch certificates within 36 months from the date
of validation.
Article 17. Fishing port
management organizations
1. Update and report seals and signatures of
competent persons validating catch statements for raw materials to the Directorate
of Fisheries so that they are posted on the website of the Directorate of
Fisheries.
2. Provide training or assign personnel to attend
training courses on validation of catch statements for raw materials.
3. Ensure food safety at fishing ports.
4. Refuse handling of fishery products by fishing
vessels that appear on the IUU vessel list and notify the competent authority
thereof; refuse to validate catch statements for raw materials if the applicant
for validation fails to sufficiently and accurately provide information as
prescribed.
5. On a daily basis, record and update production
and components of aquatic species handled at ports according to the Form No. 02
in the Appendix VII hereof; update data on monitoring of production of fishery
products handled at ports to the national fisheries database before the 15th
of every month.
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6. Be subject to inspection by competent
authorities in terms of validation of catch statements for raw materials,
cooperate with competent authorities in inspection of fishing vessels at
fishing ports.
7. Issue specimens of fishing logbooks and reports
to fishing vessel owners; collect fishing logbooks and reports; compile a list
of fishing vessels that have submitted fishing logbooks and reports and submit
it to the provincial fishery authority before the 20th of every
month.
8. Before the 20th of every month,
submit a report on result of validation of catch statements for raw materials
using the Form No. 03 in the Appendix VII hereof to the Department of
Agriculture and Rural Development; retain documents about validation of catch
statements for raw materials within 36 months from the date of validation.
Article 18. Masters and owners
of fishing vessels
1. Print, prepare and submit fishing logbooks and
reports as prescribed; accurately and sufficiently provide information written
on the catch statement for raw material and catch certificate to the shipment
owner; append signature and take responsibility for the information provided.
2. Notify the fishing port management organization
before the vessel enters or leaves the port; provide information about the vessel,
request for services and expected production of fishery products handled at the
port.
3. Perform fishing activities as prescribed by law.
4. Be subject to inspection at the request of
competent authorities.
Article 19. Applicants for
validation of catch statements for raw materials and catch certificates
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2. Retain documents about validation of catch
statements for raw materials and catch certificates within 36 months from the
date of validation.
3. Cooperate with competent authorities in providing
information and resolving difficulties with each shipment at the request of the
competent authority of the importing country.
Chapter VI
IMPLEMENTATION
Article 20. Transition clause
The catch statement for raw material, catch
certificate, statement of export fishery products processed from imported
catches or catch statement for raw material by ICCAT’s regulations issued
before the effective date of this Circular shall keep remaining effective.
Article 21. Implementation
clause
1. This Circular comes into force from January 01,
2019.
2. This Circular replaces the following Circulars:
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b) Circular No. 52/2013/TT-BNNPTNT dated December
11, 2013 of the Minister of Agriculture and Rural Development.
3. This Circular repeals Article 1 of the Circular
No. 02/2018/TT-BNNPTNT dated January 31, 2018 of the Ministry of Agriculture
and Rural Development.
4. In the cases where any of the documents referred
to in this Circular is amended or replaced, the newest one shall apply.
5. Difficulties that arise during the
implementation of this Circular should be promptly reported to the Directorate
of Fisheries or the National Agro - Forestry - Fisheries Quality Assurance
Department, which will report them to the Ministry of Agriculture and Rural
Development for consideration./.
PP. THE
MINISTER
THE DEPUTY MINISTER
Phung Duc Tien