Decree No. 86/2001/ND-CP on the conditions for conducting aquatic resource business lines and trades

No. 47 (22-12-2001) OFF!CIAL GAZETTE DECREE No. 86/2001/ND-CP OF NOVEMBER ;16. 2001 ON THE CONDITIONS FOR CONDUCTH4G AQUATIC RESOURCE BUSINESS LINES AND TRADES THE GOVERNMENT Pursuant to the Law on Organization of tho Government of September 30, 1992; Pursuant to the Law on State Enterprise;.: of April 20, 1995; Pursuant to the Law on Cooperatives or March 2(1, 1996; Pursuant to the Law on Enterprises of ,June 12, 1 P9f( OFFICIAL GAZETTE No. 47 (22-12-2001) Pursuant to the Ordinance on Protection and Dcl'e/opment of Aquatic Resources of April 25, 1989; At the proposal of the Minister of Aquatic Resources, DECREES: Chapter I GENERAL PROVISIONS Article 1,- Scope of application ·:. This Decree prescribes the conditions for con:lucting ,1 number of aquatic resource business lines i'illd trades, including: , if Exploitation of aquatic resources (in Vietnam's sea h/ Production of aquatic breeds; c/ Aquac1Jlture; di Proce,;sing of aquatic products (for use as food); f/ Production of aquatic animal feeds; f.l Production of veterinary drugs for aquatic animals (drugs, chemicals and biological products in service of aquAculture). Article 2, - Objects of application 1 . Vietnamese and foreign organizations and i11dividual~; tliat are engaged in the business lines and tr~~des prescribed in Article 1 of this Decree shall have to cc,mofy with the provisions of this Decree and other r·ercvant provisions of the Vietnamese law. In cas8s where an international treaty which the St;cblist Hepubhc of Vietnam has signed or acceded to ccnt:::iins provisions different from those of this Decree, :;uch interm,1!ionat treaty's provisions shall apply. 2. Family householcl~ and individuals that are engaged in small-scare aquaculture and have their business c,siab:ishrnents not located in thG planned areas; and t)1,>S: enqar;ed in the small-scale aquatic product processing by manual methods ( as defined by the Ministry of Aquatic Resources) shaU not be subject to this Decree. Chapter II CONDITIONS FOR EXPLOITATION OF AQUATIC RESOURCES Article 3.- Conditions for exploitation of aquatic resources Organizations and individuals that exploit aquatic resources must have aquatic resources exploitation permits, except for aquatic resources expI0Itation occupations prescribed in Appendix 1 to this Decree. Article 4.- Aquatic resources exploitation permit (hereinafter referred lo as permit for short) 1 . An organization or individual may apply for permits for many fishing shipl:I, provided that each permit inscribes only one ship and ·1s Valid only for such ship. 2. The duration of a perrnitshall not exceed 36 months. 3. The Ministry of Aquatic Res(>i.Jrbes sh al! prescribe the perm!t form (not printed herein)'for uniform use thereof. . . . . .. Article 5.• Conditions for gra 1 nting p~rmits 1. Having the certificate of fishi,n;'.~hip registration. 2. Having the book ofcertifi~ti~m)f.dperat'i'.ng capacity offIshing ship.· .· · ,. -. · · ·· 3. Havlng·•·•fishiri9:tacktes., :~hich .. conform to the regulations of the Ministry of Aqua\ic,R¢sources on resource protec.tion aM~evelopment:'· > < 4. Having crew regis try i;crOii;afrd-.crew members' book for crew-members working orJ ij9ard as prescribed by the Ministry of Aqu~fic Resc\µrce'S: 5. Shipmaster arid -chief .engirie:e/ for certain-types of ships prescribed by the-Ministry' of Aquatic Resources, must have shipmaster's and chief engineer's diplomas. Article 6.-Permit-granting procedures 1. Adossier of ,;:1pptication for a permit comprises: al A permit application (made according to the form set by the Ministry of Aquatic Resources); b/ Papers prescribed at Points 1, 2, 4 and 5, Article 5 of this Decree (true copies thereof). 2. Permit-granting agency(ies) shall have to: al Receive and verify dossiers; b/ Within 15 days after receiving complete and valid dossiers, grant permits, or reply in writing, clearly justifying reasons for refusal to grant permits. No. <t7 (22-12-2001) OFFICIAL GAZETTE 3. Organizations and individuals that apply -.'1r permits shall have to pay tee prescribed by law. 4. For enterprises established and operating urder the Law on Foreign Investment in Vietnam, !ht procedures for applying for permits shall comply with the Government's Decree No.49/1998/ND-CP of July 13, 1998. Article 7.- Permit-granting agencies 1. The Department for Aquatic Resources Protection under the Ministry of Aquatic •Resources shall grant permits to the following organizations and individuals: a/ Units attached to the Ministry of Aquatic Resources; . . b/ Units altac;;hecf to other ministries and central branches; c/ Armed forc~tmits engaged in economic activities. 2. The Sub~Oeparth1ents for Aquatic Resources Protection in tt)e provihces'a:nd centrally~run cities shalt grant permits toiirg~flf ;rntion{and individuals other than those mentionedAn' c::Muse.1 of th is Article. Artie I~ ·8.-·:0Jh'.;t ie~laUons on permits 1. Permits shall b~\viihditm~'.in the following cases: a/ When,permit holders;means are liquidated or lost fail to satisfy the safety'. requirements, thus being suspended fron,' hpera:tion, or change hands; b/ Permits ar~ era~ed, cms;~d out or modified; c/ Persons on bo 0 ar,ci··violate reg~lations on aquatic resources protection and a re sanctioned for administrative violations for three successive times or more within the permit duration·. ·· 2. Permits shall not be granted ·Jn the following cases: a/ Applications for the exploita,tion ofbanned aquatic species, exploitation of aquatic iesOlirces in restr\cted areas, within the ban duration o(by banned methods; b/ Reserve resources of aquatic species under exploitation have been exploited to the utmost or shirk. Chapter Ill CONDITIONAL AQUATIC RESOURCE BUSINESS LINES AND TRADES Arlic/e 9.- Conditions for production of aquatic breeds Organizations and individuals that produce aqLntic breeds must fully meet the following conditiom;: 1. Places for building establishments for aquatic br,~e'.i production must be in Ii ne with the planning of th 0. equ,:1ti c resources sector or iocallties. 2. Ponds, pools, facilities, equipment, :rater sur;piy and drainage systems and waste waier trecitn1e1·,t systems of their establishments must be up to th~, veterinary sanitation and environmental p!otectio;1 standards prescribed by law. 3. Each establishment must have at ler1st ono technical cadre or worker who is possef:scci of the:: certificate of being trained in breeding technique u mnte 1 by the competent aquatic resources body. 4. The delivered breeds must be up to the alrl'<Jdy announced quality standards; the establish:nents nw:1 inspect by themselves and bear responsibility tor thri quality of the breeds. The quarantine must bs conducted right at the production establishments anrl the go•Jd.<.: labeling regulation must be observed according to 111'.:l provisions of law. Article 10.- Conditions for commercial aquatic proci uct rearing Organizations and individuals engaged tn the commercial aquatic product rearing must fully meet th::., following conditions: 1. Places for building aquaculture eskbi!,,1,nii. nL must be in line with the planning of the aquatic resour,;;e"; sector or localities, 2. Ponds, pools, facilities, equipment, water supp:y and drainage systems and waste water trealmer:t systems must be up to the veterinary sarlih:ition 1r.ci environmental protection standr:rds prescribed by law. 3. They use feeds and veterinary drug& for aqu1t:c animals according to the regulations of the Ministr·1 nf Aquatic Resources. 4. The aquaculture in semi-in!Hnsive, :ntensivi, r,, industrial form must be conducted in compliance wi,h the Ministry of Aquatic Resources' regulations c11 inspection and recognition of aquatic product tradin9 establishments which attain the food hygien(~ and ~afety standards. Article 11,• Conditions for aquatic produc1 pmces~;ir:q OFFICIAL GAZETTE Organizations and individuals engaged in aquatic p:oduct processing must fu!ly meet the following conditions: I. Place~ for building processing establishments must be in line with the planning of the aquatic resources sector or localities. ;i, Work.shops, storehouses, processing facilities, equipment ~,nd tools, sanitation equipment, systems for iT':aling ,vade water, solid waste and exhaust gases, ,::qupment r,nd devices tor product quality control must i)f , up lo ti1e toed hygiene and safety and environmental jYOL,cti0n stand;irds prescribed by !aw. J l::ach establishment for aquatic product processing bv i;1dust~ial methods must have at least one technical c&die or worker whc has the university degree in one of H,e following specialtie$:'food technology, aquatic product processing, niology or bio-c~emistry. ;;, They must apply the quality control system and obsar-ve the regulations of the Ministry of Aquatic F.~sources ,)n inspection and recognition of aquatic pro(uct trading establishments which attain the food hygiene and safety standards. t·. The delivered products must be up to the already ,u 1nounced qua Hty standards; -the concerned establish ments must i11spect by themselves and bear responsibility foe the quality of the products; the goods labeling regulation must be observed according to the provisions of law. 6. Only additives and chemicals on the !isl of chemicals perm\tted ·for use in the preservation and processing of aquatic pr:oducts shall be used. ;,rticlc: 12. - Conditions for prnduction of feeds for .sqwiiic anim;i!s Organiza;,ion~- and individuals engaged in production of fe,-~ds for aquatic animals must fully meet the following ccnc:iiions: 1. Workshops. store houses, facilities, equipment and waste trestment system must be up to the environmental protection and veterinary sanitation standards. 2. Each establishment must have at least one k:chnical worker qualified for production technology oi:,er::1tion and product quality control (for industrially rn,mdfacturing establishments, technical workers must l1ave the university or higher degree). 3 The delivered products must be up to the already snn0uncet.J cuality standards; the establishments must inspect by themselves and bear responsibility for the quality of the products; the goods labeling regulations must be observed according to the provisions of law. Article 13.- Conditions for production of veterinary drugs for aquatic animals Organizations and indlviduals engaged in the production of veterinary drugs for aquatic animals must fully meet the following conditions: 1. Workshops, store houses, facilities. equipment and waste treating systems must be up to the environmental protection and veterinary sanitation standards. 2. Each establishment must have at least one full-time managerial or technical cadre wh·o has the university or higher degree in one of tne follow(ng sp.e<;ialties: veterinary medicine, biology, bio--chemistry):>hannacy or aquaculture. 3. The delivered products mus(ij~up to the already announced quality standards;Ahe: 'est~bHshments must inspect by themselves and beaf:re$~o'risU:iility for the quality of the products; the. goods)a.~fliogrregulations must be observed according to"thf pr9\il~i9~s:,oflaw. . ····: .' · .. ,·,.·· ·. . INSPECTION, EAAMlNATION, COMPLAINTS, DENUNCIATIONS, COMMEflJD.ATl!!)N AND HANOLING:OF VIOLA'tibNS , . .. ... ' .. ."(: .,-::-.< ;.,: / Arlicfe14;- lnspectiQn ~rn;fexamih::tion of aquatic resource busfr,essnnes and-trade$: > 1 . The Ministry of Aquatic Resources shall have to organize the inspection and examination of business activities of those engaged in aquatic resources lines and trades, and handlevio!ations according to its competence. 2. The inspection ,and examination shall cover the observance of law provisions on conditions for aquatic resources business lines and trades and the fulfillment of commitments with the competent State management agencies when the business registration is made. 3. The inspection and/or examination of conditions for aquatic resources business lines and trades must comply with the provisions of law. Article 15.- Complaints and denunciations Organizations and individuals may lodge complaints and/or denunciations against State agencies and/or No. 4 7 (22-12-2001) OFFICIAL GAZETTE individuals that commit acts of infringing upon enterprises' rights according to the provisions of the legislation on complaints and denunciations. Article 16.- Commendation and handling of violations 1. Organizations and individuals that record merits in the implementation of this Decree shall be commended and/or rewarded according to the provisions of law. All acts of violating the provisions of this Decree shall, depending on their nature and seriousness, be administratively sanctioned or examined for penal liability. If damage is caused, compensation therefor must be made according to the provisions of !aw. 2. Persons who abuse.their positions and/or powers to act in contravention ofthe provisions of this Decree and other re!evanflaw provisions shall, depending on the nature andiseri9usness of their violations, be disciplined or examined for penal liability. lf damage is caused, compensati oh·therefor must be made according to the provi~iohs Qf Jaw. ·. Chapter IV IMPLEMENTATION PROVISIONS Article 17.- lmptemehtation effect '··. 1. This DecreeJakes effect15 days after its signing. 2, Organizations ahd individuals .engaged in aquatic resources business lines arid trades before the effective date of this Decree shall· be allowed. to continue· their operation, provided· that the business conditions prescribed in this Decree must be fully met before January 1, 2003. Article 18.- Responsibilities for guidance and implementation 1. The Ministry of Aquatic Resources shall have to guide the implementation of this Decree. 2. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People's Committees of the provinces and centrally-run cities shalt have to implement this Decree. On behalf of the Government Prime Minister PHAN VAN KHAI