THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 36/2014/ND-CP
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Hanoi, April 29, 2014
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DECREE
ON RAISING,
PROCESSING, AND EXPORTING PANGASIUS
Pursuant to the Law on Government organization dated December 25, 2001;
Pursuant to the Law on Fishery dated November 26, 2003;
Pursuant to the Law on Product and goods quality dated June 17, 2010;
Pursuant to the Law of Food safety dated November 21, 2007;
Pursuant to the Law on Commerce dated June 14, 2005;
At the request of the Minister of Agriculture and Rural development,
the government promulgates a Decree on raising, processing, and exporting
pangasius
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GENERAL PROVISIONS
Article 1. Scope
This Decree deals with raising, processing, and exporting pangasius.
Article 2. Subjects of application
This Decree is applied to any Vietnamese or foreign entity involved in
raising, processing, and exporting pangasius within Vietnam’s territory.
Chapter 2.
RAISING AND PROCESSING PANGASIUS
Article 3. Planning for raising and processing
pangasius
1. Rules for formulating planning:
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b) The detailed planning for raising and processing pangasius in each
administrative division must be suitable for the master planning for raising
and processing pangasius;
c) The planning for raising and processing pangasius must be conformable
with the socio-economic development plan of each administrative division.
2. Planning contents:
a) Analysis of natural conditions and socio-economic impacts that affect
the raising, processing, and consumption of pangasius;
b) Evaluation of the current status of pangasius farming, processing, and
consumption;
c) Analysis, evaluation, and forecast of demands, prices, and
competitiveness of Vietnamese pangasius on the domestic and foreign markets;
d) Scale and output of pangasius farming areas; productivity of processing
facilities;
dd) Technical solutions, mechanisms, and policies for implementation of
the planning;
e) Solutions for environment protection while implementing the planning
for raising and processing pangasius.
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a) The Ministry of Agriculture and Rural Development shall take charge and
cooperate with other Ministries, agencies, and local authorities in formulating
and ratifying the Master planning for raising and processing pangasius;
b) According to the Master planning for raising and processing pangasius
ratified by the Ministry of Agriculture and Rural Development, the People’s
Committees of provinces shall review, formulate, and ratify their own planning
for raising and processing pangasius locally.
4. The government shall introduce incentive policies on cooperation in
raising, processing, and exporting pangasius; investment in infrastructure of
farming areas that are conformable with the ratified planning for raising and
processing pangasius.
Article 4. Requirements for commercial pangasius farms
1. The locations and areas of the commercial pangasius farms must be
conformable with the planning for raising and processing pangasius ratified by
the People’s Committee of the province.
2. The registration of area and output of every commercial pangasius farm
must be certified by a local fishery authority.
3. Commercial pangasius farms must meet the technical regulations and
standards for fishery, issued with a certificate and ID number by local fishery
authority.
4. The breeds, feeds, veterinary medicine, bioproducts, microorganisms and
chemicals used must be conformable with law.
5. By December 31, 2015, every commercial pangasius farm must obtain the
Certificate of Good Aquaculture Practice according to VietGap or an
international certificate that is conformable with Vietnam’s law.
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Every processing facility must:
1. Have a Certificate of Business Registration, in which fish processing
is licensed, issued by a competent authority.
2. Be listed in the planning for raising and processing pangasius ratified
by the People’s Committee of the province.
3. Take necessary measures to trace the origins of processed pangasius
products.
4. Apply a quality control system, technical regulations and standards for
food safety and hygiene during manufacture and sale of aquaculture products;
obtain a certificate of food-safety facility issued by a competent authority.
5. Ensure the announced quality of sold pangasius products; carry out
inspections and take responsibility for the announced quality; label goods in
accordance with law.
6. Every new processing facility must be inspected by the Ministry of
Agriculture and Rural Development and be issued with a certificate of
food-safety before its operation is commenced.
Article 6. Requirements for quality, food safety and
hygiene of processed pangasius products
1. Raw pangasius serving processing of pangasius must be raised by the
commercial pangasius farms that meet the requirements in Article 4 of this
Decree.
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3. Processing of frozen pangasius fillets:
a) The chemicals, additives, and other substances used must be conformable
with Vietnam’s law and regulations of importing countries;
b) The ice-glazing ratio (ratio of ice glaze to gross weight) of exported
pangasius products must be conformable with regulations of importing countries.
In other cases, the ice-glazing ratio must not exceed 10%.
c) The amount of water must not exceed 83% of net weight (weight of
pangasius fillets after removing the ice glazing).
4. Apart from complying with applicable regulations of Vietnam and
importing countries on food labeling, the labels of frozen pangasius fillets
must contain: net weight; ice glazing ration; names of chemicals, additives,
and other substances used during the processing.
Chapter 3.
EXPORTING PANGASIUS
Article 7. Requirements for exporting pangasius
products
The entities that export pangasius products (hereinafter referred to as
exporters) must satisfy the requirements below:
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2. Pangasius export contracts must be registered with Vietnam Pangasius
Association in accordance with Article 8 of this Decree. The customs shall only
grant clearance to the consignments under the pangasius export contracts
certified by Vietnam Pangasius Association.
Article 8. Registration of pangasius export contracts
1. Vietnam Pangasius Association is in charge of registration of pangasius
export contracts.
2. All exporters of pangasius products must apply for registration of
pangasius export contracts
3. An application consists of:
a) A pangasius export contract registration form;
b) A valid copy of a Certificate of Registration of commercial pangasius
farming, which is certified by a local fishery authority (if the exporter uses
commercial pangasius from the commercial farms under the exporter’s ownership);
c) A valid copy of a contract to buy raw pangasius with a commercial
pangasius farm that meets the requirements in Article 4 of this Decree (if the
exporter uses commercial pangasius from the commercial pangasius farms that are
not under the exporter’s ownership);
d) A valid copy of a Certificate of food-safety processing facility
(whether the exporter buys commercial pangasius or has them processed at
another processing facility)
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4. Method and time:
a) Within 01 working day, if the application for registration of the
pangasius export contract is not satisfactory according to Clause 3 of this
Article , Vietnam Pangasius Association shall request the exporter (in writing)
to complete the application;
b) Within 03 working days from the day on which sufficient documents are
received, if the application is satisfactory according to Clause 3 of this
Article and the purchase prices of raw pangasius are higher or equal to those
announced by Vietnam Pangasius Association at the time the application is
received (applied to exporters that use commercial pangasius purchased from
commercial pangasius farms that are not under the exporters’ ownership),
Vietnam Pangasius Association shall verify and certify the pangasius export
contract.
If the application does not comply with the aforementioned regulations,
Vietnam Pangasius Association shall not grant registration of the pangasius
export contract and provide explanation in writing.
5. The fees for evaluation of qualification for pangasius business shall
be provided for by the Ministry of Finance.
Article 9. Dealing with violations during export of
pangasius products
1. Any exporter that violates the regulations of this Decree shall be
carry the penalties mentioned in Clause 2, Clause 3 and Clause 4 of this
Article apart from the penalties prescribed by the laws on dealing with
administrative violations.
2. The export of consignments of pangasius products that fail to meet the
requirements regarding quality, food safety and hygiene of Vietnam and the
importing countries shall be suspended.
3. Any exporter that is suspended by a competent authority of the import
market due to violations pertaining to food safety and quality shall be
suspended from exporting pangasius products.
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Chapter 4.
IMPLEMENTATION
Article 10. Responsibilities of Ministries and
agencies
1. The Ministry of Agriculture and Rural Development shall:
a) Formulate and ratify the Master planning for raising and processing
pangasius; provide guidance, inspect and supervise the formulation and
implementation of planning for raising and processing pangasius of provinces;
b) Provide guidance and inspect registration of area and output of
commercial pangasius farming and issuance of ID numbers to commercial pangasius
farms by local fishery authorities;
c) Provide guidance, inspect and supervise the application and
accreditation of good aquaculture practice;
d) Formulate and introduce (or request competent authorities to introduce)
National Technical Regulations and Standards for raising, processing, and
exporting pangasius;
dd) Provide guidance, organize the inspections at pangasius farms, and
processing facilities; inspect and monitor the quality of pangasius raised,
processed and exported;
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hg) Provide guidance, carry out inspections, and impose penalties for
violations against regulations of law on raising, processing, and exporting
pangasius;
h) Provide and announce regulations on food safety of imported pangasius
products of the markets that import pangasius products from Vietnam;
i) Suspend the export of pangasius product consignments that fail to meet
the requirements for food safety and quality of Vietnam and the importing
country; suspend exporters that are suspended by competent authorities of
import markets due to violations pertaining to food safety and quality
according to Clause 2, Clause 3, and Clause 4 Article 9 of this Decree from
exporting pangasius products. Specify the inspection and imposition of
penalties mentioned in Article 9 of this Decree;
k) Trace the origins of exported Vietnamese pangasius products in
accordance with law.
2. The Ministry of Industry and Trade shall:
a) Take charge and cooperate with The Ministry of Agriculture and Rural
Development, the Ministry of Foreign Affairs, relevant Ministries and agencies
in advising on settlement of commercial disputes and technical barriers to
export of pangasius products;
b) Carry out inspection and impose penalties for violations during export
of pangasius products;
c) Direct Vietnam’s commercial missions overseas to support the trade
promotion of pangasius products.
d) Inspect and supervise the implementation of this Decree in accordance
with the laws on anti-dumping.
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a) Provide instructions on calculating prices of raw pangasius;
b) Impose fees for evaluation of qualification for pangasius business;
provide instructions on collection, remittance, and use of such fees;
c) Request the General Department of Customs to carry out customs
supervision and inspection with regard to export of pangasius products in
accordance with this Decree; make and send monthly reports to the Ministry of
Finance, the Ministry of Industry and Trade, and the Ministry of Agriculture
and Rural Development on the output, export prices, and export markets of
pangasius products.
Article 11. The People’s Committees of provinces
1. Formulate, ratify, and management the implementation of the planning
for raising and processing pangasius locally in a way that is conformable with
the Master planning for raising and processing pangasius ratified by the
Ministry of Agriculture and Rural Development.
2. Provide instructions for local fishery authorities on certifying of
registration of area, output commercial pangasius farming and issuance of ID
numbers to commercial pangasius farms.
3. Organize local raising, processing, and export of pangasius in
accordance with law.
4. Organize inspections and imposition of penalties for local violations
against regulations of law on raising, processing, and exporting pangasius.
Article 12. Vietnam Pangasius Association
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a) Organizing the registration, evaluation, verification of qualification
for pangasius business, and collection of fees thereof;
b) Announcing floor prices of raw pangasius according to instructions of
the Ministry of Industry and Trade calculating prices of raw pangasius;
adjusting the prices to the market developments;
c) Managing and using the fees for evaluation of qualification for
pangasius business in accordance with law;
d) Providing the customs with the list of exporters whose registration of
pangasius export has been certified;
dd) Sending monthly, quarterly, and annual statistical reports on the
raising, processing, and export of pangasius to the Ministry of Agriculture and
Rural Development, the Ministry of Industry and Trade, and the Ministry of
Finance.
2. Vietnam Pangasius Association shall cooperate with relevant trade
associations in:
a) Providing guidance for and encouraging members to comply with
regulations of law on raising, processing, and exporting pangasius products;
b) Doing trade promotion of pangasius products; analyzing, forecasting the
export markets of pangasius products;
c) Participating in export protection; settling commercial disputes and
technical barriers to raising, processing, and export of pangasius;
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Article 13. Entities that raise, process, and/or
export pangasius
1. Entities that raise, process, and/or export pangasius must comply with
regulations of law on raising, processing, and exporting pangasius in this
Decree and relevant laws.
2. Exporters of pangasius products are obliged to:
a) Comply with regulations on food safety and quality inspection,
certification, and management applied to exported aquaculture products of
importing countries and Vietnam;
b) Apply for registration of pangasius export contracts in accordance with
Article 8 of this Decree; take responsibility for the authenticity of the
provided information about their contracts;
c) Pay fees for evaluation of qualification for pangasius business.
Chapter 5.
IMPLEMENTATION
Article 14. Transition
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2. Before December 31, 2015 and after the effective date of this Decree,
exporters may purchase raw pangasius from the commercial pangasius farms that
have not satisfied the requirements in Clause 5 Article 4 of this Decree to
process and export.
3. Before the Circular of the Ministry of Agriculture and Rural
Development on registration of area, output, and issuance of ID numbers to
commercial pangasius farming takes effect, the Certificates of registration of commercial
pangasius farming (mentioned in Point b Clause 4 Article 8) is not a compulsory
paper in the application for registration of pangasius export contract.
4. Before December 31, 2014 and after this Circular takes effect, frozen
pangasius fillets that fail to meet the quality standards mentioned in Point b
and Point c Clause 3 Article 6 of this Decree may be exported if their quality,
safety and hygiene are conformable with regulations of the import market.
Article 15. Effect
This Decree takes effect on June 20, 2014.
Article 16. Responsibility for guidance and
implementation
1. The Ministry of Agriculture and Rural Development, the Ministry of
Industry and Trade, and the Ministry of Finance are responsible for providing
guidelines for implementation of this Decree within their given tasks in this
Decree and relevant laws.
2. Ministers, Heads of ministerial agencies, Heads of Governmental
agencies, Presidents of the People’s Committees of provinces, the President of
Vietnam Pangasius Association, Presidents of relevant trade associations are
responsible for the implementation of this Decree within the area of their
competence.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung