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THE MINISTRY OF AQUATIC RESOURCES
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 02/2006/TT-BTS
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Hanoi, March 20, 2006
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CIRCULAR
GUIDING THE IMPLEMENTATION OF THE GOVERNMENT'S DECREE No. 59/2005/ND-CP
OF MAY 4, 2005, ON PRODUCTION AND BUSINESS CONDITIONS OF A NUMBER OF FISHERIES
TRADES
Pursuant to the Government's
Decree No. 43/2003/ND-CP of May 2, 2003, defining the functions, tasks, powers
and organizational structure of the Ministry of Fisheries;
Pursuant to the Government's
Decree No. 59/2005/ ND-CP of May 4, 2005, on production and business conditions
of a number of fisheries trades (hereinafter referred to as the Decree), the
Ministry of Fisheries hereby guides the implementation of the Decree as
follows:
I.
ON GENERAL PROVISIONS (guiding some provisions of Chapter I of the Decree)
1. Guidance on
Clause 2, Article 1 of the Decree:
The conditions
on organizations and individuals producing, trading in, importing and
circulating veterinary drugs, bio-products, microorganisms and chemicals used
in aquatic animal medicine and conditions on individuals practicing aquatic
animal medicine shall comply with the provisions of the Ordinance on Veterinary
Medicine and the Government's Decree No. 33/2005/ND-CP of March 15, 2005,
detailing the implementation of the Ordinance on Veterinary Medicine
(hereinafter referred to as Decree No. 33/2005/ND-CP), specifically:
a/ Conditions
for production, processing and portioning of veterinary drugs, bio-products,
microorganisms and chemicals used in aquatic animal medicine shall be as
defined in Article 38 of the Ordinance on Veterinary Medicine and Article 52 of
Decree No. 33/2005/ND-CP.
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c/ Conditions
for import of veterinary drugs, bio-products, microorganisms and chemicals used
in aquatic animal medicine shall be as defined in Article 48 of the Ordinance
on Veterinary Medicine and Article 53 of Decree No. 33/2005/ND-CP.
d/ Conditions
for permission to circulate in Vietnam veterinary drugs, bio-preparations,
microorganisms and chemicals used in aquatic animal medicine which are newly
produced or imported for the first time in the country shall be as defined in
Article 40 of the Ordinance on Veterinary Medicine and Article 57 of Decree No.
33/2005/ND-CP.
e/ Conditions
on aquatic animal medicine practitioners who practice their profession within
the scope defined in Article 52 of the Ordinance on Veterinary Medicine shall
be as defined in Article 53 of the Ordinance on Veterinary Medicine and Article
64 of Decree No. 33/2005/ND-CP.
2. Cases not
subject to Decree No. 59 (Clause 3, Article 2 of the Decree):
a/ Households
and individuals involved in aquaculture, aquatic product processing, trading in
aquatic materials for food processing (including trading in, collecting,
preserving and transporting aquatic products) on a small scale and by manual
methods shall not be subject to the Decree when they earn low incomes according
to the provisions of Clause 2, Article 24 of the Government's Decree No.
109/2004/ ND-CP of April 2, 2004, on business registration (hereinafter
referred to as Decree No. 109/2004/ND-CP), provided that they ensure all
conditions for food hygiene and safety and environmental protection as provided
for by the laws on food hygiene and safety and environmental protection.
b/ Business
conditions on organizations and individuals trading in raw, fresh and processed
aquatic products; collecting, preserving and transporting aquatic products for
direct human consumption shall be as defined in the Government's Decree No. 73/2002/ND-CP
of August 20, 2002, on the addition of commercial goods and services to List 1
of goods banned from circulation and commercial services banned from provision;
List 3 of goods and commercial services subject to business conditions issued
together with the Government's Decree No. 11/1999/ ND-CP of March 3,1999, and
the Fisheries Ministry's Circular No. 03/2002/TT-BTS of December 31, 2002,
guiding the implementation of this Decree.
II.
PROVISIONS ON AQUATIC RESOURCE EXPLOITATION PERMITS
1.
Form of aquatic resource exploitation permit (Clause 3, Article 4 of the
Decree).
The Aquatic
Resource Exploitation and Protection Department shall be responsible for
issuing the form of aquatic resource exploitation permit as defined in Appendix
1 to this Circular for nationwide use.
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To be granted
permits, organizations and individuals must meet all the conditions defined in
Clause 1, Article 5 of the Decree, specifically:
a/ Having
certificates of fishing vessel registration, for powered fishing vessels with
total main motor capacity of 20 horse powers or more or non-powered vessels
with a design waterline length of 15 m or more; the registration of non-powered
fishing vessels with a capacity of over 0.5 ton and a length of under 15 m or
powered vessels with total main engine capacity of under 20 CV shall comply
with the Government's Decree No. 66/2005/ND-CP of May 19, 2005, on assurance of
safety for persons and fishing vessels engaged in fisheries activities
(hereinafter referred to as Decree No. 66/2005/ND-CP) and the Fisheries
Ministry's Circular guiding the implementation of this Decree.
b/ Having
certificates of technical safety, for types of vessel defined at Point a,
Clause 1, Article 10 of Decree No. 66/2005/ND-CP, which are still valid;
c/ Having
crewmember books, for vessels operating along exploitation routes defined in
Clause 3, Article 12 of Decree No. 66/2005/ND-CP.
d/ Having
shipmaster's and chief engineer's diplomas according to current regulations of
the Ministry of Fisheries;
e/ Practicing
suitable exploitation trades and possessing fishing gear according to
regulations of the Ministry of Fisheries and regulations of the
provincial-level People's Committees already approved by the Ministry of
Fisheries.
The Ministry of
Fisheries shall provide for:
- The ban on
use of fishing gear with mesh sizes smaller than those specified in Appendix 2
or Appendix 3 to this Circular;
- The
compliance of means used in exploiting aquatic resources with the aid of
artificial light with the following regulations on the use of lighting sources
in aquatic resource exploitation:
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+ For inshore
areas: the total capacity of lighting equipment used by a single exploiting
unit shall not exceed 5,000 W, for fishing with luoi vay (purse seine), vo,
manh (lift net), fishing squid with hook or cast net, and pha xuc (fishing
with stick-held dip net); light bulbs used in pha xuc fishing shall have
an output of no more than 2,000 W each and must be installed over 1.2 m above
water surface.
+ For offshore
areas: No limit is set on the total capacity of lighting equipment and the
output of each light bulb.
+ The distance
between the location of a lighting post and the location of cha rao (artificial
luring objects) or a fixed fishing trade shall not be less than 500 m.
f/Apart from
the conditions defined at Points a, b, c, d and e of this Clause, the
certificate of aquatic resource exploitation business registration defined in
Clause 1, Article 17 of the Law on Fisheries is also required, except for cases
not subject to business registration defined in Clause 2, Article 24 of Decree
No. 109/2004/ND-CP.
3.
In implementation of Clause 2, Article 5 of the Decree, organizations and
individuals shall not be granted aquatic resource exploitation permits in the
following cases:
a/ Exploitation
of aquatic resources in no-exploitation areas in marine conservation zones,
inland water conservation zones, areas where exploitation is banned for
definite periods in a year as defined in Appendix 4 to this Circular and
according to regulations of provincial-level People's Committees already
approved by the Ministry of Fisheries.
b/ Exploitation
of objects banned from exploitation or banned from exploitation for definite
periods (during the ban time) as defined in Appendix 5 and Appendix 6 to this
Circular and according to regulations of the provincial-level People's
Committees already approved by the Ministry of Fisheries; exploitation of
aquatic species on the list of those whose reserves are seriously diminishing or
threatened with extinction according to decisions of the Ministry of Fisheries
which remain effective; exploitation for use as seeds of aquatic species which
live in natural water areas and are of sizes smaller than the minimum sizes
permitted for exploitation as defined in Appendix 7 to this Circular, except
for cases permitted by provincial-level state management agencies in charge of
aquatic resource exploitation and protection;
c/ Prohibited
aquatic resource exploitation activities include:
- Activities of
exploiting aquatic resources with dynamite, electricity, electricity-generating
or electric pulse-charging devices, chemicals or noxious substances.
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- Fishing
trades using fishing gear with mesh sizes smaller than the sizes specified at
Point e, Clause 2, Section II of this Circular;
- Fishing
trades and vessels of types banned from operation along certain exploitation
routes:
+ For onshore
fishing, the following trades are banned: trawl fishing (excluding trawling to
fish small shrimps in surface water layer), light fishing (excluding fishing
with lift net, hand line of squid) and other fishing trades banned by
provincial-level People's Committees and approved by the Ministry of Fisheries;
fishing trades employing fishing vessels with a main motor capacity larger than
or a design watedine length longer than the level defined in the Government's
decree on management of exploitation of aquatic resources by Vietnamese
organizations and individuals in Vietnam's seas.
+ For inshore
fishing, the following fishing trades are banned: light fishing using lighting
sources exceeding the level defined at Point e, Clause 2, Section II of this
Circular; fishing with fishing vessels having a main motor capacity larger than
or a design waterline length longer than the level defined in the Government's
decree on management of exploitation of aquatic resources by Vietnamese
organizations and individuals in Vietnam's seas.
d/ Newly built
fishing vessels with a main motor capacity or employing fishing trades banned
from development according to regulations of the Ministry of Fisheries or
regulations of provincial-level People's Committees already approved by the
Ministry of Fisheries.
The Ministry of
Fisheries bans the development of:
Light fishing
in coastal and inshore areas;
- Fishing
trades with te, xiep, xich, day nets in rivers or seabed;
- Powered
vessels with a capacity of under 90 horse powers, used for fishing with trawl
nets;
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4.
Procedures and process of grant and extension of aquatic resource exploitation
permits:
a/ First-time
application for permits or extension of permits:
- The
procedures and process of and fees for the grant or extension of permits shall
comply with the provisions of Article 6 of the Decree.
The form of
application for a permit is included in Appendix 8 to this Circular (not
printed herein).
The form of
application for extension of a permit is included in Appendix 9 to this
Circular (not printed herein).
- The validity
duration of an extended permit shall comply with the provisions of Clause 3,
Article 5 of the Decree. Each permit may be extended for no more than 03 times.
b/ Renewal and
re-grant of permits:
- Permits may
be re-granted in the following cases:
+ Permits are
torn out in the course of use;
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- Permits may be
renewed in the following cases:
+ There is a
change in the fishing vessel, fishing gear, area and time of operation;
+ Permits have
been extended three times.
- A dossier of
application for renewal or re-grant of a permit comprises:
+ An
application for renewal or re-grant of permit, with certification given by the
People's Committee of the commune or ward where the fishing vessel owner
resides or by the managing agency (in case of loss of permits), made according
to the form included in Appendix 10 to this Circular (not printed herein),
enclosed with the old permit (except for the case of loss of permits);
+ The fishing
vessel's certificate of registration as prescribed in this Circular;
+ The fishing
vessel's certificate of technical safety, for cases of application for renewal
of permits for changed vessels subject to registration.
- The validity
duration of a re-granted permit shall be that of the granted permit; the
validity duration of a renewed permit shall comply with the provisions of
Clause 2, Article 4 of the Decree.
- The rates of
fee for renewal or change of permits shall comply with current regulations of
the Ministry of Finance.
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Cases of permit
withdrawal are specified in Article 18 of the Fisheries Law. Other acts of
violation subject to permit withdrawal as prescribed by law include:
Depriving of
the right to use permits for acts specified in Clause 2, Clause 3, Article 9;
revoking permits for acts specified in Clause 8, Article 10 of the Government's
Decree No. 128/2005/ND-CP of October 11, 2005, providing for sanctioning
administrative violations in the fisheries domain.
6.
Permit-granting agencies (Article 7 of the Decree)
Agencies
competent to grant, extend, renew, re-grant and withdraw permits are defined in
Article 7 of the Decree. For large provinces with large numbers of fishing
vessels, provincial-level Services performing the state management of fisheries
may propose provincial-level People's Committees to authorize district-level
People's Committees to grant, renew, re-grant and withdraw permits with regard
to powered fishing vessels with a main motor capacity of under 20 CV or
non-powered fishing vessels with a design waterline length of under 15 m.
III.
LEGAL GROUNDS FOR REGULATIONS ON PRODUCTION AND BUSINESS CONDITIONS OF A NUMBER
OF CONDITIONAL PRODUCTION AND BUSINESS LINES
1. Production of and trading in fishing gear and aquatic
resource exploitation equipment (Article 9 of the Decree)
a/ In
implementation of the provisions of Clause 3, Article 9 of the Decree,
workshops, storehouses, equipment and system for treatment of wastewater, solid
waste and exhaust gases of establishments producing fishing gear and aquatic
resource exploitation equipment must ensure environmental protection standards
specified in Vietnam standards No. 6.1 and 6.2, Section 6 of Appendix 11 to
this Circular.
b/ In
implementation of the provisions of Clause 5, Article 9 of the Decree,
establishments producing fishing gear and aquatic resource exploitation
equipment must comply with the following provisions of law:
- Goods being
fishing nets must comply with the provisions of Clause 5, Section A, Part II of
the Fisheries Ministry's Circular No. 03/2000/TT-BTS of September 22, 2000,
guiding the implementation of the Prime Minister's Decision No. 178/1999/QD-TTg
of August 30, 1999, promulgating the Regulation on labeling of domestically
circulated goods and imports and exports, regarding aquatic products.
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c/ In
implementation of the provisions of Clause 6, Article 9 of the Decree,
establishments producing fishing gear and aquatic resource exploitation
equipment shall comply with the following provisions:
- Refraining from
producing or trading in fishing gear with mesh sizes smaller than those
specified at Point e, Clause 2, Section II of this Circular;
- Refraining
from producing or trading in explosives, detonators, fuses,
electricity-generating or electric purse-charging devices.
- Refraining
from producing or trading in fishing gear or aquatic resource exploitation
equipment banned from use according to regulations of the Ministry of Fisheries
or of provincial-level People's Committees already approved by the Ministry of
Fisheries.
2. Fishing vessel building and transformation (guidance on
Clause 4, Article 10 of the Decree)
a/ Workshops,
equipment of establishments building or transforming vessels of different types
(according to vessel-building materials and vessel sizes) must satisfy
technical specifications set by the Ministry of Fisheries.
b/The
establishments' waste water and solid waste treatment systems must satisfy
environmental protection requirements according to Vietnam standards stated at
Point a, Clause 1, Section III of this Circular.
3. Aquatic seed production and trading (Article 11 of the
Decree)
Organizations
or individuals producing and/or trading in (providing preservation services
for) aquatic seeds must fully meet the conditions specified in Article 11 of
the Decree, specifically:
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b/ The
establishments' material and technical foundations, technical facilities and
equipment, water supply and drainage, wastewater treatment systems, means of
transport and preservation facilities must meet technical and veterinary
sanitary requirements as well as environmental protection conditions (Point c,
Clause 1, Article 11) according to current provisions of law.
Legal
provisions already promulgated and included in this Circular include:
- Promulgated
Vietnam standards and branch standards stated in Sections 1 and 2, Appendix 11
to this Circular;
- Provisions of
Appendix 12 and Appendix 13 to this Circular.
c/
Establishments producing and/or trading in parental or commercial breed stocks
must have technical employees who possess certificates of training in
aquacultural techniques issued by aquaculture research institutes or centers or
aquaculture training schools, except for technicians already possessing an
intermediate or higher degree in aquaculture (Point d, Clause 1, Article 11);
d/ Aquatic seed
production establishments must apply the compulsory technical process in
aquatic seed production in accordance with regulations of the Ministry of
Fisheries (Point g, Clause 1, Article 11). The Ministry of Fisheries has
promulgated the technical process recommended for the production of certain
aquatic seeds (Section 3, Appendix 11 to this Circular);
e/ Establishments
producing and/or trading in male, female breeds, seed sperms, eggs and larvae
of aquatic animals must have technical employees who possess certificates of
training in artificial fertilization, embryo inoculation, egg-hatching
techniques or aquatic breeding technologies, issued by aquaculture research
institutes or centers or aquaculture training schools, except for technicians
possessing an intermediate or higher degree in aquaculture (Point b, Clause 2,
Article 11);
f/
Establishments producing and/or trading in male, female breeds, seed sperm and
larvae of aquatic animals must comply with the regulations on management,
exploitation and use of sperms and embryos and the environment for preservation
and preparation of sperms and embryos; regulations on management, exploitation
and use of male, female breeds, seed sperms, eggs and larvae of aquatic animals
issued by the Ministry of Fisheries (Points c and e, Clause 2, Article 11).
4. Aquaculture (guidance on Clauses 3 and 4, Article 12 of the
Decree)
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Current branch
standards are stated in Section 4, Appendix 11 to this Circular.
b/ Current
standards and regulations on environmental protection related to aquaculture
establishments are stated in Section 2, Appendix 11 to this Circular.
Shrimp culture
establishments in concentrated shrimp culture areas must observe regulations on
management of the environment in concentrated shrimp culture areas, promulgated
together with the Fisheries Minister's Decision No. 04/2002/QD-BTS of January
24, 2002.
c/ For use in
aquaculture, feeds, veterinary drugs, bio-products, microorganisms and
chemicals must comply with the following provisions:
- They are on
the list of those permitted for circulation in Vietnam, as announced by the
Ministry of Fisheries;
- They do not
contain substances on the list of chemicals and antibiotics banned from use,
promulgated together with the Fisheries Minister's Decision No. 07/2005/QD-BTS
of February 24,2005, and other current provisions of law;
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Establishments culturing aquatic animals for commercial purposes must observe
regulations on control of noxious residues in cultured animals and products
thereof, issued together with the Fisheries Minister's Decision No.
15/2002/QD-BTS of May 17, 2002.
5. Production of aquatic animal feeds (guidance on Clause 2 and
Clause 4, Article 13 of the Decree)
a/ Workshops,
storehouses, facilities and equipment as well as waste treatment systems of
establishments producing aquatic animal feeds must ensure veterinary sanitation
standards applicable to produced aquatic animal feeds according to current
provisions of law.
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6. Trading in aquatic animal feeds (guidance on Clauses 3, 4
and 5, Article 14 of the Decree)
a/
Preservation, display and sale places must be airy and dry to ensure the
quality of feeds. Storehouses, preservation containers and places of display of
aquatic animal feeds must be separated from areas where aquatic animal drugs,
cattle and poultry feeds, plant protection drugs or other veterinary drugs for
agricultural use are kept (for establishments trading in these goods);
Sale places
must be at least 100 m far from garbage sites and places of manufacture emitting
a lot of noxious dust or substances; there must be securely closed tanks and
baskets for containing baggage.
b/ Sale
managers or salespersons must possess an intermediate or higher degree in aquaculture
or certificates of training in aquatic animal feeds issued by aquaculture
research institutes or centers or aquaculture training schools, agencies
performing the state management of aquatic animal health or fisheries extension
agencies.
c/ Traded feeds
must ensure veterinary sanitary criteria set in branch standards stated in
Section 5, Appendix 11 to this Circular.
d/ Traded
feeds must be on the list of aquatic-animal feeds permitted for ordinary use
(permitted for circulation in Vietnam), announced by the Ministry of Fisheries;
e/ Traded
fees must be contained in packages labeled according to the provisions of
Clause 3, Section A, Part II of the Fisheries Ministry's Circular No.
03/2000/TT-BTS, guiding the implementation of the Prime Minister's Decision No.
178/1999/QD-TTg of August 30, 1999, promulgating the Regulation on labeling of
domestically circulated goods and imports and exports, regarding aquatic
products. On such labels must be shown the commitment "Feeds do not
contain banned substances according to regulations of the Ministry of
Fisheries."
7.
Processing of aquatic products (guiding Clause 3,4 and 6, Article 15 of the
Decree)
a/ Conditions
of food hygiene and safety on aquatic product-processing establishments are
defined in branch standards stated in Section 7, Appendix 11 to this Circular.
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Newly built
aquatic product-processing establishments must prepare environmental impact
assessment reports which describe solutions to treatment of waste (solid,
liquid and gaseous) in conformity with environmental standards and environment
monitoring regime. Such a report must be approved by the provincial-level
environment management agency.
Operating
aquatic product-processing establishments must ensure waste standards as
defined in Vietnam standards and branch standards stated in Section 6, Appendix
11 to this Circular.
c/ Agencies
competent to grant certificates of assurance of food hygiene and safety
conditions in the fisheries domain to establishments (including establishments
processing aquatic products for use as food) are defined in Joint Circular No.
24/2005/TTLT-BYT-BTS of December 8,2005, of the Ministry of Health and the
Ministry of Fisheries, guiding the assignment of and coordination in the state
management of aquatic food hygiene and safety and shall comply with current
regulations of the Ministry of Fisheries. Branch standards stated in Section 7,
Appendix 11 to this Circular shall serve as the basis for inspection and
recognition (grant of certificates to) of establishments processing aquatic
products for use as food to assure all food hygiene and safety conditions.
d/ Laborers
directly involved in processing aquatic products must be free from contagious
diseases stipulated by the Ministry of Health (possessing certificates of satisfaction
of all health conditions, issued by competent health agencies), must have
regular medical checks-up according to branch standards No. 7.1 and No. 7.3
stated in Section 7, Appendix 11 to this Circular.
8.
Trading in aquatic raw materials for food processing (guidance on Clauses 3, 4
and 5, Article 16 of the Decree)
a/
Establishments' workshops, storehouses, equipment, instruments and means of
collection and purchase, preservation and transport of aquatic products must
meet food hygiene and safety conditions according to branch standards No. 7.9
and No. 7.1 (for establishments engaged in preliminarily processing aquatic
products) in Section 7, Appendix 11 to this Circular.
b/ Business and
service establishments may use only food additives and chemicals on the list of
those permitted for use in food issued together with the Health Ministry's
Decision No. 3742/2001 /QD-BYT of August 31, 2001, and comply with the
Fisheries Ministry's regulations in branch standard No. 7.8, Section 7,
Appendix 11 to this Circular.
c/ Business and
service establishments must ensure waste standards for environmental protection
according to regulations of Vietnam standard No. 6.1, Section 6, Appendix 11 to
this Circular, and meet veterinary sanitation requirements set in branch
standard No. 7.9, Section 7, Appendix 11 to this Circular.
IV.
INSPECTION, EXAMINATION OF PRODUCTION AND BUSINESS CONDITIONS; HANDLING OF
VIOLATIONS
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a/ The
fisheries inspectorate under the Ministry of Fisheries shall be responsible
for:
- Giving
unified direction nationwide of the inspection and examination of the
observance of law in fisheries production and business establishments'
activities governed by the Decree;
- Directly or
in coordination with concerned agencies within and outside the fisheries sector
inspecting and examining fisheries production and business activities when
necessary; supervising the performance of inspection and examination tasks by
the fisheries inspectorates under provincial/municipal Fisheries Services or
provincial/municipal Services responsible for state management of fisheries
(hereinafter collectively referred to as Fisheries Services) with regard to
fisheries production and business activities.
- Directing the
fisheries inspectorates under Fisheries Services to implement the Fisheries
Ministries' regulations on inspection and supervision of fisheries production
and business activities of local organizations and individuals as well as
ministries', central branches' and armed forces' economic units based in
their localities; and, when necessary, coordinating with concerned local
agencies in performing this task.
b/
Responsibilities of the Aquatic Resource Exploitation and Protection Department
and the Aquatic Product Quality, Safety and Hygiene and Aquatic Veterinary
Medicine Management Department:
- To give
unified direction nationwide of the supervision of fisheries production and
business conditions within the scope of regulation of the Decree according to
their respective tasks defined in current legal documents;
- When
necessary, to examine directly or in coordination with the fisheries
inspectorate under the Ministry of Fisheries and concerned agencies within and
outside the fisheries sector fisheries production and business conditions
according to their assigned respective tasks;
- According to
their assigned respective functions and tasks, to direct sub-departments in
charge of state management of aquatic resource exploitation and protection and
aquatic product quality, safety and hygiene and aquatic animal medicine in
localities to examine fisheries production and business conditions of local
organizations and individuals as well as ministries', central branches' and
armed forces' economic units based in their localities; and, when necessary,
coordinating with concerned local agencies in performing this task.
c/
Provincial-level fisheries inspectorates and sub-departments in charge of state
management of aquatic resource exploitation and protection and aquatic product
quality, safety and hygiene and aquatic animal medicine shall be responsible
for inspecting and examining fisheries production and business activities
according to their competence defined in current legal documents.
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a/
Organizations and individuals committing administrative violations of the
provisions of the Decree and this Circular shall be administratively handled
under the Government's Decree No. 128/ 2005/ND-CP of October 11, 2005,
providing for sanctioning of administrative violations in the fisheries domain
and other relevant provisions of law (the 2002 Ordinance on Handling of
Administrative Violations and the Government's Decree No. 134/2003/ND-CP of
November 14, 2003, detailing the implementation of a number of articles of the
2002 Ordinance on Handling of Administrative Violations).
b/Acts for
which legal grounds for determining their severity of violation are not available
shall not be handled.
V.
ORGANIZATION OF IMPLEMENTATION
1. This
Circular takes effect 15 days after its publication in "CONG BAO" and
replaces Circular No. 02/2002/TT-BTS of December 6, 2002, guiding the
implementation of the Government's Decree No. 86/ 2001/ND-CP of November 16,
2001, on fisheries business conditions.
This Circular
replaces the provisions of Section A; Clauses 1,2,4 and 5, Section B, Part III
of the Circular guiding the implementation of the Government's Decree No.
73/2002/ND-CP of August 20, 2002, on adding commercial goods and services to
List 1 of goods banned from circulation and commercial services banned from
provision, and List 3 of commercial goods and services subject to conditional
business, issued together with the Government's Decree No. 11/1999/ND-CP of
March 3,1999.
2. Departments,
agencies, institutes and centers under the Ministry of Fisheries;
provincial/municipal Fisheries Services and provincial/municipal Services in
charge of state management of fisheries shall, according to their respective
functions, tasks and powers, guide, urge and supervise the implementation of
this Circular; if facing any problems in the process of implementation, they
should promptly report them to the Ministry of Fisheries.
The Organization
and Personnel Department shall coordinate with concerned units in elaborating
and submitting to the Minister for promulgation regulations on organization of
training courses and grant of certificates stated at Points c and e, Clause 3,
Point b, Clause 6, Section III of this Circular.
The Aquatic
Resource Exploitation and Protection Department shall have to formulate and
submit to the Minister for promulgation branch standards related to fishing
vessels, fishing ports, environment and aquatic resources.
The Science and
Technology Department shall have to coordinate with concerned units in
formulating and submitting to the Minister for promulgation regulations on
management of exploitation and use of sperms and embryos and environment for
preservation and preparation thereof; regulations on management of exploitation
and use of male and female breeds of aquatic animals, seed eggs, larvae of
aquatic species; and standards which need to be promulgated, amended or
supplemented.
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MINISTER OF FISHERIES
Ta Quang Ngoc
APPENDIX
5
OBJECTS BANNED FROM
EXPLOITATION
(Enclosed with the Fisheries Ministry's Circular No. 02/2006/TT-BTS of March
20, 2006)
Ordinal number
Scientific names
1
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2
Tenualosa toli
3
Anguialla bicolor pacifica
4
Chitala chitala
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5
Semilabeo notabilis
6
Pangasianodon deloustali
7
Crocodylus porosus
...
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Crocodylus siaminsis
9
Lipotes vexillifer
10
Balaenoptera musculus
11
...
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12
Dugong dugon
13
Catlocarpio siamensis
14
Crenlolens sarissophorus
...
...
...
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15
Lepidochelys olivacea
16
Dermochelys coriacea
17
Chelonia mydas
...
...
...
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Eretmochelys imbricata
19
Scleractinia
20
Gorgonacea
21
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APPENDIX
6
OBJECTS BANNED FROM
EXPLOITATION FOR A DEFINITE PERIOD IN THE YEAR
(Enclosed with the Fisheries Ministry's Circular No. 02/2006/TT-BTS of March
20, 2006)
Ordinal number
Scientific name
Period during which exploitation is
banned
A
Marine shrimps and fishes
...
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1
Panulirus penicillatus
ditto
2
P.homarus
ditto
3
P.longipes
ditto
...
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P.stimpsoni
ditto
5
P.ornatus
From March 1-May 31
6
Chanos chanos
ditto
7
...
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ditto
8
Clupanodon thrissa
ditto
9
Konoirus biauritus
ditto
10
Otolithoides biauritus
...
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11
Polidactylus plebeius
ditto
12
Eleutheronema tetradactylum
ditto
B
Molluscs
...
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Anadara antiquata
From April 1-July 31
14
Chlamys senatoria
ditto
15
Modiolus philippinarum
ditto
16
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ditto
17
Meretrix lyrata
From June 1-November 30
18
Paphia undulata
From June 1-November 30
19
Tridacna maxima
...
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Tridacna squamosa
From April 1-July 31
From April 1-July 31
From April 1-July 31
C
Freshwater shrimps and fishes
20
Channa striata
...
...
...
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21
Channa micropeltes
ditto
22
Macrobracchium rosenbergii
From April 1-June 30
23
Trichogaster pectoralis
From April 1-June 1
...
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Anabas testudineus
ditto
25
Clarias marcrocephalus
ditto
26
Notopterus notopterus
ditto
27
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From June 1 -August 30
APPENDIX
7
MINIMUM SIZES OF VALUABLE
AQUATIC SPECIES LIVING IN NATURAL WATER AREAS PERMITTED FOR EXPLOITATION
(Enclosed with the Fisheries Ministry's Circular No. 02/2006/TT-BTS of March
20, 2006)
1. Marine fishes
(the length is measured from the tip of the snout to the fork of the tail fin)
Ordinal number
Scientific name
Minimum length permitted for
exploitation (in mm)
1
...
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80
2
S.aurita
100
3
Anchoviella spp. (excluding Stolephorus tri)
50
4
Decapterus maruadsi
...
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5
Selaroides leptolepis
90
6
Perastromateus niger
310
7
Pampus argentens
200
...
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Scomberomorus guttatus
320
9
Scomber japonicus
200
10
Scomberomarus commerson
730
11
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250
12
Auxis thazard
220
13
Euthynnus affinis
360
14
Rastrelliger kanagurta
...
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15
Cypselurus spp.
120
16
Trichiurus lepturus
200
17
Lutianus ervthropterus
260
...
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Saurida spp.
200
19
Miichthys miiuy
330
20
Otolithoides biauritus
830
21
...
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820
22
Polydactylus plebeius
200
23
Clupanodon spp.
120
24
Muraenesox cinereus
...
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25
Seriolina nigrofasciata
300
26
Seriola dumerili
560
27
Serranidae (epinephelus spp., Cephalopholis spp., Serranus spp.)
250
...
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Dentex tumifrons
150
29
Nemipterus spp.
150
30
Gymnocranius griseus
150
31
...
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180
2. Marine shrimps (the length is
measured from the eye orbit to the end of the posterior vertebra)
Ordinal number
Scientific name
Minimum length permitted for
exploitation (in mm)
1
Metapenaeus ensis
85
2
...
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95
3
M.joyneri
90
4
M.intermedius
95
5
M.tenuipes
...
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6
M.brevicomis
90
7
P.enaeus merguiensis
110
8
P.monodon
140
...
...
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P.indicus
120
10
P.semisulcatus
120
11
P.japonicus
120
12
...
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200
13
P.homarus
175
14
P.longipes
160
15
P.stimsoni
...
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16
P.omatus
230
3. Freshwater
shrimps (the length is measured from the eye orbit to the end of the posterior
vertebra)
1
Macrobrachium rosenbergii
100
4. Marine
species:
Ordinal number
...
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Minimum length permitted for
exploitation (in mm)
1
Loligo edulis
Loligo chinensis
250
200
2
Sepioteuthis lessoniana
120
...
...
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Sepia pharaonis
100
4
Haliotis diversicolor
70
5
Area granosa
30
6
...
...
...
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75
7
Chlamys nobilis
60
8
Holothuria vagabunda
170
9
Scylla serrata
...
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100
100
10
Sipunculus nudus
100
11
Meretrix lusoria
50
12
...
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100
13
Tripneustes grarilla
50
14
A.antiquata
55
16
Modiolus philippinarum
...
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17
Babylonia areolata
55
18
Meretrix lyrata
30
19
Portunus pelagicus
100
...
...
...
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P.sangulnolentus
100
21
Logig beka
60
22
Tridacna maxima
Tridacna crocea
Tridacna squamosa
...
...
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140
350
5. Freshwater
fishes (the length is measured from the tip of the snout to the fork of the
tail fin)
Ordinal number
Scientific name
Minimum length permitted for
exploitation (in mm)
1
Cyprinus carpio
150
...
...
...
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Onychostoma laticeps
200
3
Labeo tonkinensis
430
4
Bangana lemassoni
130
5
...
...
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220
6
Spinibarbus hollandi
150
7
Spinibarbichthys denticulatus
400
8
Mylopharyngodon piceus
...
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9
Ctenopharyngodon idellus
550
10
Hypophthalmichthys molitrix
300
11
Monopterus albus
360
...
...
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Bagarius rutilus
450
13
Megalobrama terminalis
230
14
Pangasianodon hypophthalmus
300
15
...
...
...
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380
16
Clarias macrocephalus
200
17
Clarias batrachus
200
18
Trichogaster pectoralis
...
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19
Cirrhinus microlepis
170
20
Cyclochilichthys enoplos
200
21
Cyprinus centralus
160
...
...
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Onychostoma gerlachi
210
23
Acrossochellus krempfi
200
24
Barbonymus altus
100
25
...
...
...
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260
26
Squaliobalbus curriculus
170
27
Mampala macrolepidota
180
28
Cranogalnis sinensis
...
...
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29
Anabas testudineus
80
30
Mastacembelus armatus
200
31
Channa striata
220
...
...
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Henicorhynchus siamensis
50
33
Barbonymus gonionotus
100
34
Oxyeleotris marmorata
200
35
...
...
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200
36
Leptobarbus hoevenii
200
37
Hemibargrus gruttatus
560
38
Hemibargrus pluriradiatus
...
...
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39
Anguilla marmorata
500
40
Carassioides cantonensis
150
The allowable
percentage of mixture with objects of a size smaller than the prescribed size
shall be at most 15% of the exploited quantity (at least 3 random samples shall
be taken for the calculation of an average percentage).
APPENDIX
11
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1. Regarding
technical and veterinary sanitation requirements for establishments producing
and/or trading in aquatic seeds:
1.1. Branch standard
28 TCN 173: 2001: Grade I aquatic seed center - General requirements;
1.2. Branch
standard 28 TCN 92:2005: Sea shrimp seed production establishments - Technical
and veterinary sanitation requirements;
1.3. Branch
standard 28 TCN 220:2005: Blue-legged giant prawn seed production
establishments -Technical and veterinary sanitation requirements.
2. Regarding
regulations on water environment protection for establishments producing and/or
trading in aquatic seeds:
2.1. TCVN
5524-1995: Water quality - General requirements on protection of surface water
from contamination;
2.2. TCVN
5525-1996: Water quality - General requirements on protection of groundwater;
2.3. TCVN
5942-1995: Water quality - Standards of surface water quality;
2.4. TCVN
5943-1995: Water quality - Standards of coastal sea water quality;
...
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3. Regarding
the technical process of producing a number of aquatic seeds (the application
of which is encouraged):
3.1. Branch
standard 28 TCN 120:1998: Process of producing Catla fish seeds;
3.2. Branch
standard 28 TCN 125:1998: Process of raising giant tiger prawns aged between 15
and 45 days;
3.3. Branch
standard 28 TCN 109:1998: Technical process of producing gracilaria
verrucosa seeds;
3.4. Branch standard
28 TCN 211:2004: Technical process of producing Tra (pangasius
hypophthalmus) fish seeds;
3.5. Branch
standard 28 TCN 212:2004: Technical process of producing Basa {pangasius
bocourti) fish seeds;
3.6. Branch
standard 28 TCN 215:2004: Technical process of producing Bong
(spinibarbichthys denticulatus) fish seeds.
4. Regarding
conditions and technical standards for aquaculture; veterinary sanitation and
food hygiene and safety standards for aquaculture establishments:
4.1. Branch
standard 28 TCN 176:2002: Establishments culturing Basa fish and tra fish
in cages - Conditions for assurance of food hygiene and safety;
...
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4.3. Branch
standard 28 TCN 191:2004: Shrimp culture zone - Conditions for assurance of
food hygiene and safety;
4.4. Branch
standard 28 TCN 192:2004: Zone of culturing fish in cages - Conditions for
assurance of food hygiene and safety;
4.5. Branch
standard 28 TCN 193:2004: Zone of harvest of bivalve molluscs- Conditions for
assurance of food hygiene and safety.
5. Regarding
veterinary sanitation of aquatic animal feeds
5.1. Branch
standard 28 TCN 102:2004: Mixed feed in pellets for tiger prawns;
5.2. Branch
standard 28 TCN 187:2004: Mixed feed in pellets for blue-legged giant prawns;
5.3. Branch
standard 28 TCN 188:2004: Mixed feed in pellets for Tra fish and Basa
fish;
5.4. Branch
standard 28TCN 189:2004: Mixed feed in pellets for tilapia.
6. Regarding
environmental protection requirements for establishments producing and trading
in fishing gear and aquatic resource exploitation equipment; aquatic animal
feed production establishments and aquatic product processing establishments:
...
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6.2. TCVN
5939-1995: Air standards - Industrial gas emission standards for dust and
inorganic matters;
6.3. TCVN
5940-1995: Air standards - Industrial gas emission standards for organic
matters;
7. Regarding
food hygiene and safety conditions for establishments processing aquatic
products or trading in raw materials used for aquatic product processing:
7.1. Branch
standard 28 TCN 130:1998: Aquatic product processing establishments - General
conditions for assurance of food hygiene and safety;
7.2. Branch
standard 28 TCN 137:1999: Canned food production establishments - Conditions
for assurance of food hygiene and safety;
7.3. Branch
standard 28 TCN 138:1999: Instant aquatic food production establishments -
Conditions for assurance of food hygiene and safety;
7.4. Branch
standard 28 TCN 139:1999: Dried aquatic food processing establishments -
Conditions for assurance of food hygiene and safety;
7.5. Branch
standard 28 TCN 175:2002: Fish sauce production establishments - Conditions for
assurance of food hygiene and safety;
7.6. Branch
standard 28 TCN 136:1999: Bivalve mollusc-producing establishments - Conditions
for assurance of food hygiene and safety;
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7.8. Branch
standard 28 TCN 156:2000: Regulations on use of food additives in aquatic
product processing;
7.9. Branch
standard 28 TCN 164:2000: Aquatic resource purchasing establishments -
Conditions for assurance of food hygiene and safety.
APPENDIX
12
ALLOWABLE VALUE LIMITS ON
CONCENTRATION OF CONTAMINANTS IN SEA WATER IN COASTAL AQUACULTURE AREAS
(Enclosed with the Fisheries Ministry's Circular No. 02/2006/TT-BTS of March
20, 2006)
Ordinal number
Parameter
Unit of calculation
Chemical formula
...
...
...
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1
PH
mg/l
6.5-8.5
2
Dissoluble oxide
“
...
...
...
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3
BOD5 (20°C)
“
<10
4
Drifting solid matters
“
...
...
...
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5
Arsenic
“
As
0.001
6
Ammonia (calculated by N)
“
NH3
...
...
...
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7
Cadmium
“
Cd
0.001
8
Lead
“
Pb
...
...
...
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9
Chrome (VI)
“
Cr+6
0.01
10
Chrome (III)
“
Cr+3
...
...
...
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11
Chloride
“
Cl2
0.01
12
Copper
“
Cu
...
...
...
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13
Fluoride
“
F-
1.50
14
Zinc
“
Zn
...
...
...
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15
Manganese
“
Mn
0.10
16
Iron
“
Fe
...
...
...
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17
Mercury
“
Hg
0.002
18
Sulfur
“
S-2
...
...
...
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19
Cyanide
“
CN-1
none
20
Aggregate phenol
“
...
...
...
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21
Grease and oil films
“
none
22
Grease and oil latex
“
...
...
...
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23
Aggregate plant protection chemicals
“
0.01
24
Aggregate radioactivity a
Bq/l
...
...
...
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25
Aggregate radioactivity b
Bq/l
none
26
Coliform
MPN/100 ml
...
...
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Wastes numbered
5, 7,8, 9, 17, 10, 19, 24 and 25 are particularly hazardous (according to List
A issued together with the Prime Minister's Decision No. 155/1999/QD-TTg of July
16,1999, issuing the Regulation on management of hazardous wastes).
APPENDIX
13
ALLOWABLE VALUE LIMITS ON
CONCENTRATION OF CONTAMINANTS IN FRESHWATER AQUACULTURE AREAS
(Enclosed with the Fisheries Ministry's Circular No. 02/2006/TT-BTS of March
20, 2006)
Ordinal number
Parameter
Unit of calculation
Chemical formula
Value limit
...
...
...
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PH
mg/l
5.5-8.5
2
BOD5 (20°C)
“
<25
...
...
...
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COD
“
35<COD<100
4
Dissoluble oxide
“
>3
...
...
...
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Drifting solid matters
“
80
6
C02
“
12
...
...
...
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Arsenic
“
As
0.001
8
Magnesium
“
Mg
50
...
...
...
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Cadmium
“
Cd
0.001
10
Lead
“
Pb
0.02
...
...
...
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Chrome (VI)
“
Cr+6
0.01
12
Chrome (III)
“
Cr+3
1.0
...
...
...
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Copper
“
Cu
1.0
14
Zinc
“
Zn
2.0
...
...
...
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Manganese
“
Mn
0.1
16
Nickel
“
Ni
1.0
...
...
...
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Iron
“
Fe
2.0
18
Mercury
“
Hg
0.002
...
...
...
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Ammonia (calculated by N)
“
NH3
1.0
20
Nitride (calculated by N)
“
N02
<0.01
...
...
...
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Fluoride
“
F-
1.5
22
Hydro sulfur
“
H2S
<0.01
...
...
...
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Cyanide
“
CN-1
none
24
Phenol (total)
“
0.02
...
...
...
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Grease and oil films
“
none
26
Grease and oil latex
“
0.3
...
...
...
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Detergents
“
0.2
28
Coliform
MPN/100ml
5.000
...
...
...
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Plant protection drugs (except DDT)
mg/l
0.15
30
DDT
mg/l
0.01
...
...
...
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Aggregate radioactivity a
Bq/l
none
32
Aggregate radioactivity B
Bq/l
none
...
...
...
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