Circular No. 01/2022/TT-BNNPTNT dated January 18, 2022 on Amendments to circulars in aquaculture

CIRCULAR

AMENDMENTS TO CIRCULARS IN AQUACULTURE

Pursuant to Decree No. 15/2017/ND-CP dated February 17, 2017 of the Government administering functions, tasks, powers and organizational structures of the Ministry of Agriculture and Rural Development;

Pursuant to the Law on Aquaculture dated November 21, 2017;

Pursuant to Decree No. 69/2018/ND-CP dated May 15, 2018 of Government on elaborating to Law on Foreign Trade Management;

At the request of General Director of Directorate of Fisheries;

Minister of Agriculture and Rural Development promulgates Circular on amendments to Circulars in aquaculture.

Article 1. Amendments to Circular No. 19/2018/TT-BNNPTNT dated November 15, 2018 of Minister of Agriculture and Rural Development

1. Amend Points a, c, and e Clause 2 Article 5 as follows:

 “a) Design an investigation: investigation and sampling must take place at fish ports or aquacultural product unloading sites; for fishing vessels which do not unload aquacultural products at fish ports, measure representative output depending on groups of fishing vessels (classify by lines of business and greatest length of the vessels). Subjects of the investigation: must count all fishing vessels in the area (classify by lines of business and greatest length of the vessels. Number of days of operation; list all aquacultural products extracted in the area (list by species of extracted aquacultural products); biological data of aquacultural species among those extracted;

c) Conduct the investigation: enumerate and analyze biological fishery sample using Form No. 1 and Form No. 2 under Appendix IV attached hereto;

e) Report on investigation results consists of: total number of fishing vessels, fishing vessel structure by lines of business, group of fishing vessels by the greatest length; total production, aquacultural product ratio by species; aquacultural product sale price by species; current fishery conditions, current fishery activity conditions, and proposed solutions for managing extraction and protecting aquatic resources.”

2. Add Article 10a following Article 10:

“Article 10a. Adjustment of boundary and area of MPAs

MPAs shall be considered for adjustments to boundaries and areas to meet the practical management facts. The MPA boundary and area adjustment shall be implemented as follows:

1. Procedures for implementation:

a) Management board of MPAs shall request provincial aquaculture authorities in writing to request the People’s Committees of provinces to approve the adjustment of MPA boundaries and areas;

b) Management board of MPAs shall take charge and develop projects for adjustment of MPA boundaries and area;

c) Provincial aquaculture authorities shall take charge and collect feedback of the locals legally living in and in the vicinity of the MPAs regarding the adjustment solutions until at least 70% of the inquired locals approve and collect feedback from departments, relevant People’s Committees of districts and communes; within 15 days from the date on which the feedback request is received, the inquired agencies, organizations and individuals are responsible for providing written feedback;

d) Provincial fishery authorities shall request the People’s Committees of provinces to appraise the projects for MPA boundary and area adjustment.

2. Documents sent for appraisal consist of:

a) The written request for appraisal of projects for MPA boundary and area adjustment;

b) Report on explanation for projects for MPA boundary and area adjustment;

c) Compiled feedback of departments and People’s Committees of districts and communes; feedback of the locals living legally in and in the vicinity of the MPAs whose boundary or area is expected to be adjusted;

d) Other relevant documents (if any).

3. Appraised contents:

a) The necessity for adjustment of MPAs boundary and area (legal basis, practical basis);

b) Purpose of adjustment;

c) Solutions for adjustment;

d) Solutions for biodiversity conservation and ecosystem restoration; protection and preservation of natural scenery, cultural and historical value;

dd) Expenditure on implementation;

e) Solutions and organization for implementation.

4. procedures for appraisal:

a) Provincial aquaculture authorities shall submit documents under Clause 2 of this Article to the People’s Committees of provinces;

b) The People’s Committees of provinces shall establish interdisciplinary appraisal council consisting of at least 7 members who are heads of departments, relevant People’s Committees of districts and experts in aquaculture and biodiversity and the heads of the People’s Committees of provinces acting as the Chairpersons of the councils and organize appraisal in accordance with Clause 3 of this Article;

c) The People's Committees of provinces shall request the Ministry of Agriculture and Rural Development in writing to provide feedback. The documents consist of: Written appraisal and documents under Point b, c, and d Clause 2 of this Article;

d) Based on feedback of Ministry of Agriculture and Rural Development, the People’s Committees of provinces shall consider and decide to adjust MPA boundary and area;

dd) Within 45 days from the date on which the documents are received, competent authorities shall organize appraisal, conduct physical inspection (if necessary), and issue decisions adjusting MPAs boundary and area. If the adjustment request is rejected, provide a written response and reason.

5. Report on explanation of the projects for MPA boundary and area adjustment is prepared using Form No. 3 under Appendix I, Decision on adjustment of MPA boundary and area is prepared using Form No. 4 under Appendix I attached hereto.”

3. Add Clause 3 to Article 12 as follows:

“3. Organizations and individuals engaging in aquacultural activities must mark their fishing gears in accordance with Appendix V attached hereto.”

4. Add Clause 3 and Clause 4 to Article 15 as follows:

“3. Organize training for aquaculture authorities, fish port management authorities, local partners, and relevant individuals, organizations regarding investigation and assessment of commercial aquaculture profession.

4. Develop and request competent authorities to issue aquaculture standards, economic-technical norms; documents guiding aquatic species, classification of fisheries serving investigation and assessment of commercial aquaculture profession.”

5. Amend Point a Clause 1 Article 16:

“a) Allocate funding and personnel to organize investigation into commercial aquaculture profession; consolidate, manage, and submit report to the People’s Committees of provinces and Ministry of Agriculture and Rural Development on investigation and assessment results of commercial aquaculture profession, aquatic resources, and habitats of aquatic species in the provinces before December 20 each year;”

6. Annul Point b Clause 4 Article 11 and Clause 2 Article 15.

7. Appendix I, Appendix II, and Appendix III are placed by Appendix I, Appendix II, and Appendix III attached hereto respectively.

8. Add Appendix IV and Appendix V.

Article 2. Amendment to Circular No. 20/2018/TT-BNNPTNT dated November 15, 2018 of the Minister of Agriculture and Rural Development

1. Amend Clause 2 and add Clause 4 Article 12

a) Amend Clause 2:

“2. Additional outfit: aside from common uniform, forces regularly work aboard fisheries surveillance ships, individuals working in Professional Command Division affiliated to the Viet Nam Fisheries Resources Surveillance, Professional Division affiliated to the Regional Fishery Resource Surveillance Sub-department, Fishery Resource Surveillance Stations, Fishery Resource Surveillance Authorities of provinces and central-affiliated cities, Fishery Resource Surveillance Teams are equipped with additional outfit in accordance with Section 2 of Appendix III attached hereto.”

b) Add Clause 4 as follows:

“4. Depending on specific conditions, heads of fishery resource authorities shall decide to procure outfit for fishery resource surveillance personnel, officials, public employees, and employees in fishery resource surveillance authorities or dispense and allow each individual to acquire their own outfit in accordance with standards, format, color, and shape.”

2. Amend Article 14:

“Article 14. Entitlement and standards for issuance of Fishery resource surveillance card

1. The General Director of Directorate of Fisheries shall issue Fishery resource surveillance card for officials working in fishery resource surveillance authorities nationwide. The Directorate of Fisheries shall manage the use of card template, manage seals, and issue embossed seals on the cards; decide on card issuance; monitor and store card issuance documents.

2. Officials working in fishery resource surveillance authorities who are not facing disciplinary measures from reprimands or higher are eligible for card issuance when:

a) They are holding any fishery resource surveillance official title;

b) They have Certificate of completion of fishery resource surveillance training.

3. Provide training and issue certificate of completion of fishery resource surveillance training

a) The Directorate of Fisheries shall organize training and issue the certificate of completion of fishery resource surveillance training;

b) Framework training program for fishery resource surveillance is specified under Form No. 4 of Appendix VI attached hereto;

c) Officials working in fishery resource surveillance authorities are allowed to participate in the fishery resource surveillance training;

d) Learners shall be issued with the certificate of completion of fishery resource surveillance training using Form No. 5 of Appendix VI attached hereto upon completing the training and passing the final exam.

4. Officials who are mobilized to work at professional entities affiliated to fishery resource surveillance authorities but are not holding titles specializing in fishery resource surveillance are still eligible for card issuance if they fulfill conditions under Point b Clause 2 of this Article.”

3. Annul Point g Clause 3 Article 15.

4. Replace the phrase “VIET NAM FISHERIES RESOURCES SURVEILLANCE” on fishery surveillance ships and boats under Section 1 Appendix IV with the phrase “VIET NAM FISHERIES SURVEILLANCE”.

5. Replace Appendix VI with Appendix VI attached hereto.

Article 3. Amendments to Circular No. 21/2018/TT-BNNPTNT dated November 15, 2018 of Minister of Agriculture and Rural Development

1. Amend Clause 1 and add Clause 3 to Article 4:

a) Amend Clause 1:

“1. Masters of aquatic resource fishing boats with length of at least 12 meters must record daily fishery activities using Form No. 1 under Appendix I attached to this Circular and submit daily fishery diaries to fish port authorities before unloading fisheries to ports. The daily fishery diaries must be recorded in wring and bear signature of the masters or electronically with automatically updated identification code for each fishing vessel set by the device providers and voyage number in the year.”

b) Add Clause 3 as follows:

“3. Electronic fishery diaries; electronic Confirmation of fishery ingredients shall be used as the basis for confirming and verifying fishery ingredients.”

2. Amend Clause 1 and add Clause 3 to Article 5:

a) Amend Clause 1:

“1. Masters of aquatic resource procurement and transport boats must record daily fishery procurement and transportation activities using Form No. 2 under Appendix I attached to this Circular and submit daily fishery procurement and transportation diaries to fish port authorities before unloading fisheries to ports. The daily fishery procurement and transportation diaries must be recorded in wring and bear signature of the masters or electronically with automatically updated identification code for each fishing vessel set by the device providers and voyage number in the year.”

b) Add Clause 3 as follows:

“3. Electronic daily fishery procurement and transportation diaries; electronic Confirmation of fishery ingredients shall be used as the basis for confirming and verifying fishery ingredients.”

3. Amend Clause 2 and Clause 3 Article 7 as follows:

“2. Supervise unloading of aquacultural products to ports

Upon receiving docking request of masters of fishing vessels, fish port authorities shall cross-check against list of fishing vessels conducting illegal aquaculture practices and list of fishing vessels potentially conducting illegal aquaculture practices; if the requesting fishing vessels are mentioned under the list of fishing vessels conducting illegal practices, reject the request and inform competent authorities; in case the requesting fishing vessels are mentioned under the list of fishing vessels potentially conducting illegal practices, allow the vessels to dock and inform competent authorities in order to conduct inspection and handle as per the law; in case the requesting fishing vessels are not mentioned in either of the lists above, allow the vessels to dock and unload aquaculture products, and assign officials to supervise the quantity and compositions of unloaded aquatic species.

If quantity of unloaded aquatic species in practice is detected to be higher or lower than the quantity declared prior to disembarkation by 20%, make records and take actions as per the law or transfer the case to competent authorities as per the law.

3. Receipt record of fisheries unloaded to ports

At request of organizations and individuals procuring fisheries, fish port authorities shall examine information on receipt records of fisheries unloaded to ports prepared using Form No. 2 under Appendix II attached to this Circular, verify whether the information matches the disembarking boats and store copies of the receipt records at fish port authorities.

Organizations and individuals shall be issued with 1 receipt record corresponding to quantity and compositions of procured fisheries when procuring fisheries from a disembarked fishing boat.”

4. Amend Article 8:

“Article 8. List of fishing vessels conducting illegal practices

1. A fishing vessel shall be placed under the list of fishing vessels conducting illegal practices if the fishing vessel:

a) violates foreign waters and is arrested by a foreign competent authority which informs a Vietnamese competent authority, except for cases under Point a Clause 2 of this Article;

b) violates foreign waters, is arrested and returned or faces penalties for administrative violations imposed by a Vietnamese competent authority for illegally practicing fishery in foreign waters and has not finished the decision imposing penalties;

c) faces penalties imposed by a competent authority for: Practicing fishery in the waters belonging to another country or territory or waters under jurisdiction of a regional fishery organization without an effective permit or an effective written approval; or Violates regulations on aquatic resource management and conservation without keeping records of fishery activities in a manner that satisfies requirements of the regional fishery organization; or Fails to adhere to regulations on extraction and protection of aquatic resources in international waters which are not under jurisdiction of a regional fishery organization.

2. A fishing vessel shall be removed from the list of fishing boats conducting illegal practices if the fishing vessel:

a) violates foreign waters and is confiscated and destroyed by a foreign competent authority;

b) has removed registration in accordance with Point a and Point b Clause 1 Article 72 of Law on Fisheries;

c) has fulfilled a decision imposing penalties for administrative violations;

d) has proof that the vessel does not commit violation.

3. Upload the list of fishing vessels conducting illegal practices

a) On a weekly basis, based on the notice sent by foreign competent authorities, foreign Vietnamese diplomatic missions, Ministry of Foreign Affairs, Ministry of National Defense, and People’s Committees of provinces and central-affiliated cities, Directorate of Fisheries shall produce list of fishing vessels potentially violating Point a Clause 1 of this Article and send to the Departments of Agriculture and Rural Development for cooperation with relevant parties. If the violation of Point a Clause 1 of this Article is well-grounded or the Departments of Agriculture and Rural Development do not provide a response within 20 working days from the date on which the notice is sent, the Directorate of Fisheries shall place the fishing vessels in the list of fishing vessels conducting illegal practices;

b) On a weekly basis, the Departments of Agriculture and Rural Development shall consolidate lists of fishing vessels met with penalties and fishing vessels fulfilling decisions imposing penalties in accordance with Clause 1 of this Article and send to the Directorate of Fisheries for compilation, addition, and removal from the list of fishing vessels conducting illegal practices and upload on https://tongcucthuysan.gov.vn.

5. Add Article 8a after Article 8 as follows:

“Article 8a. List of fishing vessels potentially conducting illegal practices

1. A fishing vessel shall be placed under the list of fishing vessels potentially conducting illegal practices when the fishing vessel:

a) does not have a License to practice aquaculture or has a License to practice aquaculture which has expired for at least 10 days but is not engaging in aquaculture;

b) fails to maintain navigational signals when operating at sea for at least 6 hours but is not reporting about their position as per the law;

c) violates regulations on no-aquaculture areas and aquaculture zones;

d) violates foreign waters without being arrested by a foreign competent authority which informs a Vietnamese competent authority about the trespassing, except for the violations under Point a Clause 2 Article 8 hereof.

2. A fishing vessel shall be removed from the list of fishing vessels potentially conducting illegal practices when the fishing vessel:

a) rectifies Point a and/or Point b Clause 1 of this Article;

b) has been met with penalties for administrative violations under Clause 1 of this Article.

3. Produce list of fishing vessels potentially conducting illegal practices

a) On a weekly basis, the Departments of Agriculture and Rural Development shall consolidate the list of fishing vessels potentially violating Point a and/or Point c Clause 1 of this Article of the provinces and send to the Directorate of Fisheries, other Departments of Agriculture and Rural Development of coastal provinces and cities, and other provincial authorities;

b) On a daily basis, the Directorate of Fisheries shall review and produce the list of fishing vessels potentially violating Point b, Point c, and/or Point d Clause 1 of this Article and upload on website of the Directorate of Fisheries.”

6. Add Clause 7 to Article 14 as follows:

“7. Develop fishery traceability software and regulations on management and use of the software to trace fishery origin digitally across the country.”

7. Amend Clause 1 Article 15:

“1. Direct, organize implementation, and inspect the compliance with regulations on prevention of illegal, unreported, non-compliant aquaculture practices within their functions and tasks for fisheries exported to markets that require such compliance; Verify the commitments and certification that export fisheries products originate from import fisheries products for processing and export to markets that require such commitments and certification; examine certificate of origin of fisheries products exported to markets that demand certificate of origin during collection of food safety samples, appraisal, and certification of export fishery shipments.”

8. Amend Clause 12 Article 16:

“12. Submit the report on verification of fishery origin using Form No. 1 under Appendix VII, operational results of fish ports using Form No. 3 under Appendix VII attached hereto to the Directorate of Fisheries; store documents relating to the verification of fishery origin for 36 months from the date of verification.”

9. Amend Clause 5, Clause 7, and Clause 8 Article 17 as follows:

 “5. On daily basis, record, update the quantity and composition of fisheries unloaded via fish ports using Form No. 2 under Appendix VII attached hereto; update the data on quantity and composition of fisheries unloaded via fish ports on the national fishery database to serve as the basis for inspection, verification, and confirmation of fisheries products.

7. Provide form of aquaculture diaries and reports for organizations and individuals owning fishing vessels; collect aquaculture diaries and reports; produce list of fishing vessels that have submitted aquaculture diaries and reports and send to provincial aquaculture authorities before the 20th of each month; promptly update data on the aquaculture diaries and reports on the national fishery database in order to examine, verify, and certify fisheries products.

8. Before the 20th of each month, submit reports to the Departments of Agriculture and Rural Development to consolidate operation of the fish ports in the provinces using Form No. 3 under Appendix VII attached hereto; store documents relating to issuance of Notice of receipt of fisheries products unloaded to fish ports, Confirmation of fisheries products for 36 months from the date of confirmation.

Reissue Notice of receipt of fisheries products unloaded to fish ports at request of organizations and individuals; number of the reissued Notice of receipt of fisheries products unloaded to ports shall match with that of the original copies which were previously issued with a symbol “R” after the new number; valid duration of reissued receipt records of fisheries unloaded to ports shall match the valid duration of the previously receipt records and start from the date of reissuance.”

10. Amend Clause 2 Article 19:

“2. Fully store documents to ensure traceability and distinguish batches of ingredient that have been produced from batches of ingredient that have not been produced and those that are remaining in storage facilities, and ensure that the facilities only receive and process ingredients with legitimate origin. Store documents verifying domestically extracted fishery ingredients, certificate of origins of extracted fisheries, commitment verification or certification of export fishery products originating from extracted or imported fisheries within 36 months from the date of verification and certification. Submit applications for certifying origin of extracted fisheries at any of competent authority specified under Appendix IV attached to this Circular.”

11. Amend Article 20:

“Article 20. Transition clauses

1. Aquaculture diaries, aquaculture procurement and transport diaries produced before the effective date hereof shall continue serving as the basis for verifying ingredients and origin of fisheries.

2. Notice of receipt of fisheries unloaded to ports, Confirmation of extracted fisheries ingredients, Certificate of origin of extract fisheries, Confirmation of export fisheries originating from imported fisheries, Certificate of export fisheries originating from extract fisheries issued before the effective date hereof shall remain effective until their expiry.

3. Owners of fishing vessels and masters of fishing vessels shall produce aquaculture diaries using Form No. 1 under Appendix VII, aquaculture procurement and transport diaries using Form No. 2 under Appendix VII attached hereto (revised form) from April 1, 2022.”

12. Replace Form No. 1 under Appendix I with Form No. 1 under Appendix VII attached hereto; Form No. 2 under Appendix I with Form No. 2 under Appendix VII attached hereto; Form No. 2 under Appendix II with Form No. 3 under Appendix VII attached hereto; Form No. 4 under Appendix II with Form No. 4 under Appendix VII attached hereto; Form No. 2 under Appendix III with Form No. 5 under Appendix VII attached hereto; Form No. 2 under Appendix VII with Form No. 6 under Appendix VII attached hereto; Form No. 3 under Appendix VII with Form No. 7 under Appendix VII attached hereto.

Article 4. Amendments to Circular No. 22/2018/TT-BNNPTNT dated November 15, 2018 of Minister of Agriculture and Rural Development:

1. Amend Clause 3 Article 5:

“3. The ship officers shall:

Have the professional certificates or qualifications specified in Clause 1 Article 11 hereof.”

2. Amend Article 11:

“Article 11. Professional qualifications or certificates of the masters, mates, chief engineers and engineering officers on fishing vessels

1. Certificates of the ship officers on the fishing vessel

a) Masters, mates, chief engineers and engineering officers on fishing vessels must have the following certificates as a bare minimum:

b) An individual holding certificate of master of class I vessel is eligible for holding master title in class II or class III vessel. An individual holding certificate of master of class II vessel is eligible for holding master title in class III vessel and mate title in class I vessel.

An individual holding certificate of chief engineer of class I vessel is eligible for holding chief engineer title in class II or class III vessel. An individual holding certificate of chief engineer of class II vessel is eligible for holding chief engineer title in class III vessel.

An individual holding certificate of chief engineer of class I, class II, or class III vessel is eligible for holding engineering officer title.

2. Standards of learners of training programs for master, chief engineer, engineering officer certificates:

a) General standards: Learners must be Vietnamese citizens who have proven personal records and are at the age of 18 or older. Their education and health must be suitable to the ship officers’ titles of the training programs. Also, they must provide valid documents and pay the tuition fees as regulated by laws;

b) Learners who participate in ship officers’ training programs must complete the training programs specified under Appendix I attached hereto.

3. Learners must study and obtain certificates at training facilities which have teaching staff and training programs suitable for the titles of ship officers.

4. Framework training programs for master, chief engineer, and engineering officer:

a) First-time learners must attend adequate number of contents and periods in accordance with the framework program under Section A Appendix I attached hereto;

b) Learners who want to raise their certificate class must attend adequate number of contents and periods in accordance with the framework program under Section B Appendix I attached hereto.

5. Training facilities shall develop the specific training programs and teaching materials based on the program framework specified in clause 4 of this Article; organize enrollment, provide training; organize exams and issue certificates of masters, chief engineers and engineering officers of fishing vessels by using the certificate form specified in Appendix II hereto.”

3. Amend Clause 3 Article 44:

“3. Subject to examination and guidance regarding training for master, chief engineer, and engineering officer of the Directorate of Fisheries and competent authorities; submit reports on ship officers’ training results to the Directorate of Fisheries and Departments of Agriculture and Rural Development of provinces and cities that provide training for ship officers every 6 months before June 20 and every year before December 20 using form under Appendix XI attached hereto.”

4. Add Clause 4 to Article 45 as follows:

“4. If ship officers' certificates are lost, damaged, incorrect, or inconsistent with newer certificate form, holders of said ship officers’ certificates shall request the training facilities to re-issue the certificate using form under this Circular. Re-issued certificate must add a “CL” phrase following the certificate number (e.g. No. ……/CCTVTC/CL).”

5. Replace Appendix I with Appendix VIII attached hereto.

6. Add Appendix III with Appendix IX attached hereto.

Article 5. Amendment to Circular No. 23/2018/TT-BNNPTNT dated November 15, 2018 of Minister of Agriculture and Rural Development

1. Amend Clause 2 Article 5:

“2. Tasks of class III registration officers:

a) Inspect and assess technical status of fishing vessels and fishery affair vessels on an annual basis;

b) Inspect and assess technical status of fishing vessels and fishery affair vessels on a periodic basis according to trained specialty."

2. Amend Point d Clause 1 and Clause 2 Article 6 as follows:

a) Amend Point d Clause 1 Article 6 as follows:

“d) Has been issued with registration officer card and seals for class III fishing vessels and has been holding the title for at least 36 months from the date on which registration officer card for class III fishing vessels is issued;”

b) Amend Clause 2 Article 6 as follows:

“2. Tasks of class II registration officers:

a) Appraise technical design of new, modified, recovered, construction design, and as-built design of fishing vessels, fishery affair vessels, machinery, and equipment mounted on fishing vessels and fishery affair vessels within trained specialty;

b) Inspect and assess technical status of newly built, first built, modified fishing vessels and fishery affair vessels on a periodic basis or irregular basis;

c) Inspect and supervise production of materials, machinery, and equipment mounted on fishing vessels and fishery affair vessels. “

3. Amend Point d Clause 1 and Clause 2 Article 7 as follows:

a) Amend Point d Clause 1 Article 7 as follows:

“d) Has been issued with registration officer card and seals for class II fishing vessels and has been holding the title for at least 36 months from the date on which registration officer card for class II fishing vessels is issued;”

b) Amend Clause 2 Article 7 as follows:

“2. Tasks of class I registration officers:

Engage in technical assessment and identification of cause of accidents for fishing vessels, fishery affair vessels and tasks under Clause 2 Article 6 hereof.”

4. Amend Clause 4 Article 8 as follows:

“4. Individuals shall be issued with Certificate of completion of fishing vessel registration training produced using Form No. 2.DKV under Appendix II attached hereto upon completing the training course for fishing vessel and fishery affair and passing the final exam. Certificate of completion of fishing vessel registration training shall be re-issued if it is missing or damaged; applicant shall apply to Directorate of Fisheries using form No. 05.DKV under Appendix II attached hereto.

Within 5 working days from the date on which the application for re-issuance of the Certificate of completion of fishing vessel registration training, the Directorate of Fisheries shall re-issue the Certificate using Form No. 02.DKV under Appendix II attached hereto; in case of rejection, the Directorate of Fisheries shall provide reason.”

5. Amend Article 9:

“Article 9. Issuance and reissuance of fishing vessel registration officer cards and seals

1. Competent authorities entitled to issue, re-issued fishing vessel registration officer cards and seals: Directorate of Fisheries.

2. Application for issuance, re-issuance of fishing vessel registration officer cards and seals consist of:

a) Written application for issuance/reissuance of fishing vessel registration officer cards and seals (Form No. 3.DKV under Appendix II attached hereto);

b) Copies of Certificate of completion of class I or class II or class III fishing vessel registration training (for first issuance);

c) 2 3x4 cm photos.

3. Procedures for implementation:

a) Applicants shall submit the application in person or via postal service or online (via the National single-window system, online public services, electronic software, email, fax) to the Directorate of Fisheries;

b) In case of application in person: Directorate of Fisheries shall inspect the application compositions and respond immediately;

c) In case of application via postal service or online: Within 2 working days, the Directorate of Fisheries shall inspect the application and inform the applicants;

d) Within 12 working days from the date on which adequate applications are received, the Directorate of Fisheries shall appraise and issue fishing vessel registration officer cards and seals using Form No. 04.DKV under Appendix II attached hereto; in case of rejection, the Directorate of Fisheries shall respond in writing and provide reasons;

dd) The Directorate of Fisheries shall respond where the application is submitted or via postal service.

4. Fishing vessel registration officer card remains effective for 36 months from the date of issue. Registration officer card shall be re-issued should it expires or is damaged or lost. If a card expires for 24 months or longer, the holder must attend training program for fishing vessel registration officers and obtain the Certificate of completion of fishing vessel registration training.”

6. Amend Clause 2 Article 11 as follows:

“2. The application consists of:

a) Written application for issuance of Certificate of eligibility for registering fishing vessels using Form No. 01.CN under Appendix III attached hereto;

b) Quality control documents by ISO 9001 standards or equivalent. “

7. Add Clause 5 to Article 11:

“5. If physical inspection in accordance with Point d Clause 3 and Clause 4 of this Article is not feasible due to natural disasters or diseases, adopt online inspection or suspend the inspection for up to 6 months.

The Directorate of Fisheries shall provide guidelines on online assessment techniques and operation in order to issue certificate of eligibility for registering fishing vessels.”

8. Amend Article 17:

“Article 17. Issue Certificate of fishing vessel technical safety

1. Entitlement to issue the Certificate of fishing vessel technical safety: fishing vessel registration facilities.

2. Application consists of:

a) Written application for issuance of Certificate of fishing vessel technical safety using Form No. 03.BD under Appendix VI attached hereto;

b) Copy of appraised design dossiers (for building new or modifying fishing vessels).

3. Procedures for implementation:

a) Applicants shall submit application in person or via postal service or online to fishing vessel registration facilities;

b) For application in person: Fishing vessel registration facilities shall inspect the application composition and respond immediately;

c) For application via postal service or online: Within 2 working days, fishing vessel registration facilities shall inspect the applications for adequate composition; in case of inadequate application, fishing vessel registration facilities shall inform the applicants;

d) Within 1 working day from the date on which adequate application is received, fishing vessel registration facilities shall agree with the applicants on time and location of physical inspection;

dd) Fishing vessel registration facilities shall supervise fishing vessel technical safety in accordance with technical regulations on fishing vessels and relevant standards, technical regulations. With respect to materials, machinery, and equipment under Appendix XI attached hereto, applicants for Certificate of fishing vessel technical safety must submit (copies and original copy or certified true copies) of the Certificate of conformity (for domestically manufactured materials, machinery, and equipment) or Certificate of origin, quality control (for imported materials, machinery, and equipment) or certificate of inspection as per the law before the installation on the fishing vessels.

e) In case primary machines are used marine engines which do not satisfy Point d of this Clause, fishing vessel registration facilities shall inspect and assess using Form No. 07.BD under Appendix VI attached hereto;

g) If the inspection results are not qualified, within 2 working days from the date on which technical supervision is done, fishing vessel registration facilities shall inform the applications; if the inspection results are qualified, within 3 working days from the date on which the inspection is done, fishing vessel registration facilities shall issue:

Fishing vessel technical inspection record is made using Form No. 04a.BD through Form No. 04n.BD under Appendix VI attached hereto;

Certificate of fishing vessel technical safety is made using Form No. 05.BD under Appendix VI attached hereto;

Fishing vessel registration record for inspection of new build or first inspection is made using Form No. 06.BD under Appendix VI attached hereto;

h) Fishing vessel registration facilities shall return the result at reception or via postal service."

9. Amend Point g Clause 2 Article 21:

“e) Copies of Certificate of technical safety of fishing vessels with at least 12 m of maximum length.”

10. Amend Point b, insert Point dd Clause 1; amend Point b and Point c Clause 2 Article 22 as follows:

a) Amend Point b Clause 1 Article 22 as follows:

“b) Change name, call sign (if any) or any parameter of the vessel without affecting its technical properties;”

b) Add Point dd to Clause 1 Article 22 as follows:

“dd) The vessel has received Confirmation of registration.”

c) Amend Point b and Point c Clause 2 Article 22 as follows:

“b) Origin copy of the Certificate of vessel registration or old Confirmation of registration, Certificate of registration of fishery affair vessels; if Certificate of vessel registration is lost, vessel owners must report and state reason;

c) Copies of Certificate of technical safety of fishing vessels with at least 12 m of maximum length;”

11. Amend Point c Clause 2 Article 23 as follows:

“c) Certified true copies of the following documents in case of imported vessels, bareboat charter from a foreign country to the first port of Vietnam: Documents permitting import or hiring of bareboat, vessel construction contract and settlement of vessel construction contract in case of newly built vessels, certificate of technical safety or certificate of vessel classification which is still valid for the next 6 months or more issued by registration authorities of the home country;”

12. Amend Point d Clause 2 Article 24:

“d) Within 3 working days from the date on which adequate application is received, competent authorities under Clause 1 Article 21 of this Circular shall issue Certificate of removal of fishing vessel registration using Form No. 11.DKT under Appendix VII attached hereto; copies of old Certificate of fishing vessel registration whose upper-right corner has been cut off and original vessel registration documents of the owners. In case of rejection, competent authorities shall respond in writing and state reason;”

13. Amend Clause 2 Article 26 as follows:

“2. On an annual basis, develop plans, organize training for fishing vessel registration officers, and issue notice on website of Directorate of Fisheries; organize professional training, update legislative documents, regulations, and standards.”

14. Amend Clause 1 Article 28 as follows:

“1. Keep a log in the Record for technical management of fishing vessels and fishery affair vessels using Form No. 02.BC under Appendix X attached hereto prior to issuing Certificate of technical safety of fishing vessels, fishery affair vessels; log data on registered fishing vessels and fishery affair vessels into the “VNFISHBASE” as per the law.”

15. Add Clause 4 to Article 32 as follows:

“4. If primary machines are used marine engines which have been installed in fishing vessels before the effective date hereof, fishing vessel registration facilities must inspect and assess in accordance with Point e Clause 3 Article 17 hereof; if materials, machinery, or equipment under Appendix XI attached hereto lack certificate of origin, certificate of quality or certificate of conformity prior to being installed on fishing vessels, fishing vessel owners must inspect as per the law. Inspection of materials, machinery, and equipment prior to use and installation shall be implemented from April 1, 2023.”

16. Annul Points b, c, and dd Clause 1 Article 5; Points b and c Clause 1 Article 6; Points b and Point c Clause 1 Article 7.

17. Replace the phrase “fishery resource surveillance vessel” in the Circular with “fishery affair vessel”.

18.

19. Add Appendix XI with Appendix XVIII attached hereto.

Article 6. Amendment to Circular No. 24/2018/TT-BNNPTNT dated November 15, 2018 of Minister of Agriculture and Rural Development

1. Amend Clause 3 Article 6 as follows:

“3. Data on license to practice aquaculture: Number of fishing vessel number; greatest length; organizations and individuals granted with the license; license number, date of issue, date of expiry, activities, fishery zone, registered ports, permissible extraction quantity.”

2. Add Clause 20 to Article 6 as follows:

“20. Data on fishing vessel tracking:

a) Fishing vessel registration number;

b) Vessel owner: Full name; citizen identity card number; phone number;

c) Service providers;

d) Equipment identification number;

dd) Lead seal number.”

3. Add Point dd to Clause 9 Article 7 as follows:

“dd) Information on biological fishery data: length, quantity, gender, gonads of commercial fishery individuals.”

4. Add Clause 10 to Article 7 as follows:

“10. Data on supervisors on fishing vessels: list of supervisors, supervised activities; number of annual supervised voyages.”

5. Amend Clause 5; Point a and Point b Clause 6 Article 10 as follows:

a) Amend Clause 5 Article 10 are as follows:

“5. Departments of Agriculture and Rural Development of provinces and central-affiliated cities shall organize data update under Point b Clause 1, Point a Clause 2, Clause 3 and Point b Clause 4 Article 5; Point a Clause 1, Point b Clause 2, Clauses 3, 4, 5, 6, 7, 11, 12, 13, 18, and 19 Article 6; Clause 2, 3, 4, 7, and 9 Article 7; Article 9 hereof.”

b) Amend Point a and Point b Clause 6 Article 10 as follows:

“a) Weekly update (each Friday): Point c Clause 3; Point b and Point c Clause 4 Article 5;

b) Monthly update (before the 20th each month): Points a, b, and c Clause 1, Point a Clause 2; Points a, b, d, and đ Clause 3, Points a and d Clause 4 and Clause 5 Article 5; Clauses 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19 Article 6; Clauses 7 and 9 Article 7; Article 8 and Article 9 hereof;”

6. Add Clause 5a following Clause 5 Article 10 as follows:

 “5a. Providers of fishing vessel tracking devices and fishing vessel registration facilities shall update as follows:

a) Providers of fishing vessel tracking devices shall update data as specified under Points a, b, c, d, and dd Clause 20 Article 6 hereof on their database and integrate with the central fishing vessel supervision database in case of any change after obtaining confirmation of competent fishery authorities. Update data every time fishing vessel tracking device is installed or every time the device, the vessels, or the owners are changed;

b) Fishing vessel registration facilities shall update data in accordance with Point b Clause 1 Article 6 hereof.”

7. Add Point d and Point dd to Clause 6 Article 10 as follows:

“d) Immediately update in case of occurrence of data mentioned under Clause 1 and Clause 3 Article 6 hereof;

dd) Update within 24 hours in case of occurrence of data mentioned under Points a, b, c, d, and dd Clause 20 Article 6 hereof.”

8. Amend Point g Clause 2 Article 11:

“g) Information on fishing vessel registration; aquaculture quotas; license to practice aquaculture; fish ports, asylum harbors; confirmation of aquaculture ingredients; certificate of origin of extracted fisheries; training and improvement for aquacultural employees; fishing vessel constructing, modifying facilities; fishing vessel registration facilities, fishing vessel registration officers; fishing vessels conducting illegal practice; forecast fisheries; certificate of food safety for fishing vessels and fish ports; fishing vessel tracking;”

Article 7. Amendments to Circular No. 25/2018/TT-BNNPTNT dated November 15, 2018 of the Minister of Agriculture and Rural Development:

1. Add Point e to Clause 2 Article 5 as follows:

“e) If the license is lost or damaged or changed in terms of information of exporters, import checkpoints, dimension of aquatic species, address of importing organizations and individuals, organizations and individuals shall submit application using Form No. 1 under Appendix attached hereto to the Directorate of Fisheries in accordance with Point a Clause 2 Article 5 hereof. Within 5 working day from the date on which application is received, the Directorate of Fisheries shall re-issue the license using Form No. 6 under Appendix attached hereto. In case of rejection, the Directorate of Fisheries must respond in writing and state reason.”

2. Amend Article 6 as follows:

a) Amend Point c Clause 1:

“c) Original copy of the Report on result of fishery import, transported and nurture (Form No. 4 under Appendix attached hereto) in 12 months up to the date on which the application is submitted; copies of inspection record of fishery authorities (Form No. 7 under Appendix attached hereto) (in case organizations and individuals import live aquatic products for the second time onwards).”

b) Insert Point c to Clause 4:

“c) In case the license is lost or damaged or changed in terms of information of exporters, import checkpoints, dimension of aquatic species, address of importing organizations and individuals, organizations and individuals shall comply Point e Clause 2 Article 5 hereof.”

3. Amend Clause 3 Article 9 as follows:

“3. Risk assessment shall be carried out based on: Article 8 hereof and relevant regulations of Vietnam; scientific works related to imported live aquatic products published on accredited science journals of Vietnam or other countries (documents granted an International Standard Serial Number or international standard number for publications of the Food and Agriculture Organization of the United Nations or equivalent document); warnings of competent authorities of countries and international organizations relating to live imported aquatic species and documents provided by applicants for risk assessment.”

4. Amend Clause 2 Article 12 as follows:

“2. Quarantine agencies for imported live aquatic species are responsible for:

a) Send information on name and quantity of live imported aquatic individuals of each enterprise to the Directorate of Fisheries before the 25th of each month;

b) Send information on quarantine results of the shipment to provincial fishery authorities within 5 working days from the date on which the quarantine results are available.”

5. Replace Form No. 1 under the Appendix with Form No. 1 under Appendix XIX attached hereto; Form No. 6 under the Appendix with Form No. 2 under Appendix XIX attached hereto; Form No. 4 under the Appendix with Form No. 3 under Appendix XIX attached hereto; Form No. 8 under the Appendix with Form No. 4 under Appendix XIX attached hereto; Form No. 9 under the Appendix with Form No. 5 under Appendix XIX attached hereto.

Article 8. Amendments to Circular No. 26/2018/TT-BNNPTNT dated November 15, 2018 of Minister of Agriculture and Rural Development:

1. Amend Article 7:

“Article 7. Quality inspection of aquatic species, aquatic feeds, aquaculture environment remediation products in circulation

1. Inspecting authority: Directorate of Fisheries, provincial fishery authorities, and other competent authorities as per the law.

2. Quality inspection of aquatic species, aquatic feed, and aquaculture environment remediation products in circulation shall conform to the Law on Products and Goods Quality and documents guiding, elaborating quality inspection of goods in circulation.

3. Permissible tolerance in quality analysis of aquatic feed and aquaculture environment remediation products shall conform to Appendix III attached hereto.”

2. Amend Point a Clause 1 and Point a Clause 2 Article 10 as follows:

a) Amend Point a Clause 1:

“a) Maximum time limit for use of imported parent shrimp shall be 140 days from the date of import with respect to the male or female one which is 40 g or 45 g per each in minimum weight, respectively;”

b) Amend Point a Clause 2:

“a) Maximum time limit for use of imported parent giant tiger prawn shall be 80 days from the date of import with respect to the male or female one which is 100 g or 120 g per each in minimum weight, respectively;”

3. Amend Clause 2 and Clause 3 Article 13 as follows:

“2. Information about imported aquatic feeds and aquaculture environmental remediation products shall include: Information about manufacturing facilities, locations, and conditions; information about declared and applied standards prescribed in the Appendix V attached hereto; information about conformity announcement; labels of products (scanned color copies of original labels and Vietnamese labels); certificates of free sale that remain valid (not applicable to aquatic feed ingredients); product quality inspection results upon import.

3. Once information under Clause 1 and Clause 2 of this Article has been fully received, the national fishery database shall automatically provide receipt code in order to allow the facilities display on the labels or packaging of products or documents attached to the products to serve management and traceability. Receipt code consists of 2 components: AA- BBBBBB, in which:

a) AA: Codes used for classifying aquatic feeds and aquaculture environmental remediation products: 01 indicates the code of an aquatic feed; 02 indicates the code of an aquaculture environmental remediation product; 03 indicates the code of a product used for both purposes of manufacturing of aquatic feeds and aquaculture environmental remediation products;

b) BBBBBB: Order of aquatic feed and aquaculture environment remediation products provided, in order from 000001 to 999999.”

4. Amend Point dd Clause 1 Article 15:

dd) Develop, manage, and use the software for managing fishery breeds, aquatic feed, and aquaculture environment remediation products on a nationwide scale; manage login accounts and grant access to affiliated entities and provincial fishery authorities based on decentralization; manage login accounts of organizations and individuals producing, exporting, importing fishery breeds, aquatic feed, and aquaculture environment remediation products.”

5. Replace Appendix II with Appendix XX attached hereto; Appendix VI with Appendix XXI attached hereto; Appendix V with Appendix XXII attached hereto.

Article 9. Amendments to Appendix I attached to Circular No. 11/2021/TT-BNNPTNT dated September 20, 2021 of Minister of Agriculture and Rural Development:

Replace Part A Section 16 of Appendix I attached to Circular No. 11/2021/TT-BNNPTNT dated September 20, 2021 of Minister of Agriculture and Rural Development with Appendix XXIII attached hereto.

Article 10. Entry into force

1. This Circular comes into force from March 04, 2022.

2. Circular No. 13/2020/TT-BNNPTNT dated September 9, 2020 of Minister of Agriculture and Rural Development on amendment to Circular No. 21/2018/TT-BNNPTNT dated November 15, 2018 expires from the effective date hereof.

3. Difficulties that arise during the implementation of this Circular must be promptly reported to the Directorate of Fisheries for presentation to the Minister of Agriculture and Rural Development./.

APPENDIX XX

THE LIST OF CHEMICALS, BIOLOGICAL PREPARATIONS, MICROORGANISMS, AND FEED INGREDIENTS ALLOWED IN AQUACULTURE IN VIETNAM
(Attached to Circular No. 01/2022/TT-BNNPTNT dated January 18, 2022 of the Minister of Agriculture and Rural Development)

I. CHEMICALS

1. Mineral supplement for aquatic feed and aquaculture environment remediation products

2. Chemicals in aquaculture environment remediation products

3. Preservatives, antioxidants, and other chemicals in aquatic feed and aquaculture environment remediation products

II. BIOLOGICAL PREPARATIONS, MICROORGANISMS, VITAMIN, AND AMINO ACID USED ON AQUATIC FEED AND AQUACULTURE ENVRIONMENT REMEDIATION PRODUCTS

1. Biological active ingredients and products extracted from microorganisms used in aquatic feed, aquaculture environment remediation products

2. Microorganisms used in aquatic feed and aquaculture environment remediation products

3. Vitamin used in aquatic feed and aquaculture environment remediation products

4. Enzyme used in aquatic feed and aquaculture environment remediation products

5. Amino acid used in aquatic feed and aquaculture environment remediation products

III. FEED INGREDIENTS

IV. CHEMICALS, BIOLOGICAL PREPARATIONS, MICROORGANISMS, AND AQUATIC FEED INGREDIENTS WHICH ARE EXPERIMENT OR SCIENCE AND TECHNOLOGY TASK RESULTS ACCREDITED OR PERMITTED BY THE AUTHORITIES

1. Chemicals, biological preparations, microorganisms, and aquatic feed ingredients which have been tested and accredited by the Vietnam Directorate ò Fisheries.

2. Chemicals, biological preparations, microorganisms, and aquatic feed ingredients which are science and technology task results accredited or permitted by the authorities./.

APPENDIX XXI

TECHNICAL PARAMETERS WHICH MUST BE PUBLICIZED IN STANDARDS OF AQUATIC FEED AND AQUATIC ENVIRONMENT REMEDIATION PRODUCTS DECLARED FOR APPLICATION
(Attached to Circular No. 01/2022/TT-BNNPTNT dated January 18, 2022 of the Minister of Agriculture and Rural Development)

1. Regarding mixed aquatic feed

* Parameter of primary substance of mixed aquatic feed

** Antioxidants whose maximum contents must be publicized: Ethoxyquin, Dibutylhydroxytoluene, BHT (Butylated hydroxyl toluene), BHA (Butylated hydroxyl Anisole).

2. Regarding mixed food for domestic animals

* Parameters of primary substance in mixed aquatic feed for domestic animals

3. Regarding premix: Mineral, vitamin, amino acid

* Parameters of primary substance of the products

** For vitamin and amino acid, publicize minimum or equal content. Select appropriate form of publicizing for other parameters on a case-by-case basis.

4. Biological preparations

* Parameters of primary substance of the products

** For enzyme and microorganisms, publicize the minimum or equal content. Select appropriate form of publicizing for other parameters on a case-by-case basis.

5. For ingredients, chemicals, and other products (including fishing lures)

* Parameters of primary substance of the products

** Choose appropriate publicizing form depending on the parameter.

APPENDIX XXII

PRIMARY INFORMATION IN STANDARDS DECLARED FOR APPLICATION
(Attached to Circular No. 01/2022/TT-BNNPTNT dated January 18, 2022 of Minister of Agriculture and Rural Development)

1. Name, address, phone number of organizations, individuals declaring standard

2. Name, address, phone number of manufacturing facilities and manufacturing locations

3. Group, type of products

4. Name of products

5. Number of standards declared for application

6. Scope of application of the standards

7. Reference documents (sampling methods, methods of testing quality parameters and safety parameters of products)

8. Technical parameters

8.1. Visual parameters

8.2. Quality parameters

8.3. Safety parameters

9. Compositions of ingredients

- Do not use Protein of the same genus as the fisheries species as aquatic feed, except for hydrolyzed Protein with molecular weight of < 10.000 Dalton.

- Do not use ingredients obtained illegally.

10. Use instruction, expiry date, safety warnings (if any), suspension of use prior to harvest (if any)

11. Preservation instruction

12. Date of standard declaration

13. Confirmation of entities declaring the standards./.

APPENDIX XXIII

HS CODE OF CHEMICALS, BIOLOGICAL PREPARATIONS, MICROORGANISMS, AND FEED INGREDIENTS ALLOWED IN AQUACULTURE IN VIETNAM
(Attached to Circular No. 01/2022/TT-BNNPTNT dated January 18, 2022 of the Minister of Agriculture and Rural Development)

I. CHEMICALS

1. Mineral supplement for aquaculture feed and aquaculture environment remediation products

2. Chemicals in aquaculture environment remediation products

3. Preservatives, antioxidants, and other chemicals in aquaculture feed and aquaculture environment remediation products

II. BIOLOGICAL PREPARATIONS, MICROORGANISMS, VITAMIN, AND AMINO ACID USED ON AQUACULTURE FEED AND AQUACULTURE ENVRIONMENT REMEDIATION PRODUCTS

1. Biological active ingredients and products extracted from microorganisms used in aquaculture feed, aquaculture environment remediation products

2. Microorganisms used in aquaculture feed and aquaculture environment remediation products

3. Vitamin used in aquaculture feed and aquaculture environment remediation products

4. Enzyme used in aquaculture feed and aquaculture environment remediation products

5. Amino acid used in aquaculture feed and aquaculture environment remediation products

III. FEED INGREDIENTS