Circular No. 28/2011/TT-BNNPTNT providing the validation of catch certificates and statements for exportation into the European market

18 THE MfNJSfRY OF AGRICULTURE AND ~URALDEVELOPMENT Circular No. 28/2011/TT-BNNPTNT of April 15, 2011, providing the validation of catch certificates and statements for exportation into the European market Pursuant to the November zo, Z003 Ftshertcs Law: Issue nos 09-10/May 2011 (Cong Bao nos 259-2601May 12, 2011) Pursuant to the Government's Decree No, 011 2008/ND-CP of Ianuary 3, 2008, defining the functiou s, t as]:s , powers and org((I1;;;:u(iolla/ structure of the Ministrv of Agriculture and Rural Development, and Decree No. 75/20091 ND-CP amending Article 3 of Decree No. OJ/ 2008/ND-CP; Pursuant to tile Government s Decree No. 59/ 2005/ND-CP ofMay 4, 2005, Oil the conditions applicable to a number offisheries production and business lines, ami Decree No. J412009/ND CP of February J3, 2009, amending and supplcmcnting {/ I/WlI!Jer If articles of Decree No. 59/2005/ND-CP; Pursuant to the Government ;\. Decree No. 33/ 20JO/ND-CPo{Mareh 31,2010,011 the management offishing activities in sea ({ reas by vietnamese org anirations and indtviduols; In order to meet requirements of the state management offisheries resource cvploitation anc!protection and infurtherance of the Council of the European Union regulations to prevent, deter and eliminate illegal, unreported atu! unregulatedfishing, the Ministry ofAgriculture and Rural Development provides the validation of cal ch c e rt ifi c atesail d s tat eIII en ts for exportation into the European market asfollows: Chapter I GENERAL PROVISIONS Article 1. Scope of regulation This Circular specifics the validation order and proced ures and contents of catch statements for raw materials, catch certificates and statements of ti shery products processed from imported catches for exportation into the European market. Article 2. Subjects of application ~ VIETNAM LAW &LEGAL FORU Issuenos 09-1OIMa~ 2011 (Gong Beonos 259-260/May 12, 2011) J. This Circular applies to organizations and individuals engaged in fishing activities or act ivitics ofpLm:hd:sillg, proccssing and exporting catches or importing catches for processing and exportation into the European market. 2. This Circular does not apply to fisheries and fishery products included in the list provided in Annex I to this Circular. Article 3. Interpretation of terms In this Circular. the terms below arc construed as follows: 1. Catc-h statement for raw materials means the attestation given by a competent authority to fishery raw materials which do not violate regu l a t i on s on illega I. unreported and unregulated fishing. 2. Catch certificate means the attestation given by a competent authority to an export consignment which is processed from fishery ra w materia I:s not ill couun veuriou uf regu latiou» on illegal. unreported and unregulated fishing. 3. Statement of export fishery products processed from imported catches means the attestation gi yen by a competent authority to a consignment which is processed from imported catches not in contravention of regulations on illega I. unreported and unregulated fishing. 4. Fishing area means the sea area in which a fishing vessel eunduets fishing activities during a voyage. 5. Fishing period means a period of time counting from the dare of laying the fishing net till the date of drawing up the fishing net. 6. Certified consignment mean a consignment which is certified by a corupetcru authority for exportation into the EU. 7. Transshipment within port areas means activities of transshipping goods from one vessel to anolher \V'lthlll port areas. 19 8. Goods owner means the owner of a consignment of fishery products exported into Europe. Article 4. Illegal, unreported and unregulated fish illg Fishing activities arc considered illegal, unreported and unregu iatcd if organ izations and individuals engaged in fishing activ. commit any of the following violations: 1. Conducting fishing activitjss.without a valid fishing license or permission issued by a competent authority. 2. Failing to record and report catch data according to regulations. 3. Conducting fishing activities- in a no fish ing area or during a no-Iishi ng period, being eng;aged in fishing for a stock for whTlh fis hinr; is prohibited or catching undersfzed fish excessively. 4. Using prohibited or non-comp~ fishing gear or methods. 5. Concealing. tampering with o- disposing of evidence of violation of regulations on fisheries resource exploitation andprorection. 6. Obstructing the work of officials in the exercise of their duties in inspl;~ting and supervising the observance of rcgutations 011 fisheries resource exploitation and protection. 7. Taking on board, transshipping or transporting undersized l ish in excess of the permitted ratio. S Tru ns chi pp i ng Of joining fishing operations with. supporting or re-supplying other fishing vessels identified as having engaged in illegal. unreported and unregulated fishing. 9. Fishing in the area under the management of a regional fisheries management organization but failing to comply with regulations of that @ VIETNAM LAW & LEGAL FOR iJt 20 organization, in case Vietnam is a contracting party to that organization. Article 5. Agencies competent to validate catch certi ficates or statements L The Sub-Departments of Capture Fisheries and Resources Protection or local units assigned to perform the specialized management of fisheries resource exploitation and protection shall validate catch certificates and catch statements for raw materials and inspect illegal, unreported and unregulated fishing activities of fishing vessels. 2. Regional Agro-Forestry-Fi sherics Quality Assurance Departments under the National Agro-Fore.su y- Fishe: ies Qual i ry As sur aucc Department shall inspect and validate statements of export fishery product processed from imported catches. Chapter II ORDER AND PROCEDURES FOR VALIDATION OF CATCH CERTIFICATES AND STATEMENTS Article 6. Validation of catch statements for raw material s 1. Goods owners shall fill in the catch statement for raw materials (made according to the form provided in Annex No.3 to this Circular) and submit it to the competent authority specified in Clause 1, Article 5 of this Circular of the locality in which they have purchased catches for validation. Catch statements may he submitted directly or by post to competent authorities. 2. Within 2 working days after receiving a request for validation of a catch statement for raw materials, the competent authority shall check the accuracy of information declared in thecatch statement and effect the validation for Issue nos09-10/May 2011 (Gong Beo nos 259-2601May 12,2011) the goods owner. In case of refusal, it shall issue a written reply clearly stating the reason. 3. The validated catch statements may be handed directly to goods owner" at the office" ofcompetent authorities or sent to them by post (if they so wish). 4. A catch statement for raw materials shall be made in 2 originals, one to be handed to the good" owner and the other to be kept at tlte validating authority. Article 7. Catch certificates I. Goods owners shall complete and file a dossier set to lIny of competent authorities of the locality in which they has purchased raw materials to request for validation of catch certificates. This dossier, which may be submitted directly or by post. comprises: aJ A catch certificate (made according to the form provided in Annex 2 to this Circular with Items 2 thru 8 fully filled in); bl Transport details (made according to the form provided in Appendix 2b to this Circular and fully fillcd in); cl Additional information for fishery products processed from raw materials stemming from Vietnamese fishi ng vessel s , applicable to cases in which fishery products ronsl ituting a single consignment are processed from raw materials purchased from more than one (I) fishing vessel or cases in which products processed from raw rnatenals purchased from one (I) fishing vessel constitute more than one consignment (made according to the form provided in Appendix 2a to this Circular); d/ The validated catch statement for raw material s related to tile export consignment. 2. Within 2 working days after receiving a Issue nos 09·1 OfMay 2011 (Gong Baonos 259-2601May 12. 2011) dossier of request for validation of a catch certificate, the competent authority shall check the accuracv of intormauon declared in tilt: dossier and effect the validation for the goods owner. In case of refusal, it shall issue a written reply clearly stating the reason. 3. Validated catch certificates may be handed directly to goods owners at the of/ices of competent uurhoritir-x or sent to them hy post (if they so wish). 4. Each export consignment shall be granted one catch certificate which shall be made in 2 originals, one to be handed to the goods owner and the other to be kept at the validating authority. Article 8. Statements of export fishery products processed from imported catches I. Each consignment of catches which is imported for processing products for exportation into the European market must be accompanied with a catch certificate validated hy a competent authority of the flag state of the fishing vessel. 2. The owner of a consignment of fishery prod ucts processed from imported catches shall send 1 set of the registration dossier to a competent agency spec ified at CIause 2, Art icle 5 of this Circular. A dossier comprises: aJ The catch certificate (original or copy); b/ A paper of registration for inspection of food qual ity, hygiene and safety of fishery product ('onsignmcnts, made according to the form provided in the Minister of Agriculture and Rural Development's Decision No. 118/20081 QD-BNN of December 11. lOOR, or a paper of registration for food quarantine and quality, hygiene and safety inspection, made according to the form provided in Circular No. 47/20101 TT-\)NNP1N1 uI August 3, lOlO; 21 cl A detailed list of the consignment, made according to the form provided in Appendix 1 to Circular No. 47/20101TT-BNNPTNT of August 3, 2010; d/ The statement of export fisht~ry products processed from imported catches (made according to the form provided in Annex No.5 to this Circular); If the consignment inspection registration dossier is val id, the inspection agency shall make certification in the registration dossier and reach agreement with the goods owner on the time of on-site inspection. If the dossier is invalid, the competent agency shall guide the goods owner in completing the dossier according to regulations. 3. Mode of inspection On-site inspection, applicable to all consignments before exportation. 4. Inspection contents Inspcction of the cornpl ranee and accuracy of information provided by the J!:Qods owner against the production dossier of the export consignment and catch certificates of consignments of raw materials used for processing the export consignment. 5. Validation and notification of inspection resu Its a/ Within 2 working days after the on-site inspecuon completes, the competent agency shall validate the statement made by the goods owner for the consignment registered for inspection according to the form provided in Annex 5 to this Circular', bl 11 the inspection results show that the consignment fails to satisfy prescribed requirements, the competent agency will not validate the statement and issue a written reply to the goods owner. clearly stating the reason. 22 Chapter II[ INSPECTION OF FTSHlNG VESSELS' ILLEGAL UNREPORTED AND UNREGULATED FISHING Article 9. Inspection of fishing vessels' illegal, unreported and unregulated fishing 1. Inspected subjects Fishing vessels engaged in fishing and transportat ion of catches to be used as ra W materials for processing exports into the European' market. 2. Inspection agencies The Department of Capture Fisheries and Resources Protection and competent authorities specified in Clause I, Article 5 of this Circular shall plan and carry out the inspection. 3. Inspection principles Inspection shall adhere to the principle of risk assessment to assure that inspection shall be carried out upon at least 5% of the total average elltries of fishing vessels into fishing ports or wharves. 4. Establishment of an inspection team The head of a competent agency shall issue a decision to establish an inspection team, which clearly states [he scope, contents and site of inspection; names and titles of the head and members of the team; and responsibilities of the vessel owner and the inspection team. The decision on the establishment of the inspection team must be announced on board the fishing vessel upon inspection. 5. Inspection contents Inspecting fishing licenses and issues specified in Article 4 of this Circular and stared in (he competent agency's decision on the establishment of the inspection team. Issue nos09·10/May 2011 tconoBao nos 259-260/Mav 12. 2011) After the inspection finishes. the inspection team shall make an inspection record and noli fy the inspection results and violations (if any). The inspection team's representative and the vessel master or his/her representative shall sign the inspection record which shall be made in 2 originals according to the form provided in Annex 9 to this Circular; one of these originals shall behanded to the vessel owner and the other kept at the competent agency. 6. Handling of inspection results If detecting violations of this Circular. depending on the severity of violations, the inspection agency shall apply one of the following handling measures: + Refusing to validate catch certificates for the violating fishing vessel within 60 days from the date of inspection and inc-lude this ves~f'1 into the list of fishing vessels engaged in illegal, unreported and unregulated fishing, which shall be posted un the website of the Directorate of Fisheries and the Department of Capture Fisheries and Resources Protection (http:// cucktbvnlts.gov. vn); + Transferring the dossier to functional agencies for continued handling according to law; + Pastthetime limit of60 days, if the agency directly managing the fishing vessel attests that violations have been remedied, the Department of (':lptllre Fisheries and Resources Protection shall exclude such vessel from the list offishing vessels engaged in illegal, unreported and unregulated fishing. Chapter IV RESPONSIBILITIES AND POWERS OF ORGANIZATIONS AND INDIVIDUALS Article 10. Responsihilities and rights of fishing vessel masters and owners Issue nos09-1 O/May 2011 (G6ng BaD nos 259-2601May 12, 2011) I. Fish ing vessel masters and owners shall: al Supply goods owners with accurate information for fill ing in the catch statement for raw materials (made according to the form provided in Annex 3 to this Circular), sign and take responsibility for their declarations; bl Create favorable conditions for inspection teams to perform their tasks. 2. Vessel masters and owners or their representatives may request competent agencies to provide relevant regulations on the validation of catch statements for raw materials and catch certi ficates, Article 11. Responsibil ities and rights of goods owners I. Goods owners shall: aJ Fill in catch certificates (according to the form provided in Annex 2 to this Circular) and catch statements for raw materials (according to the forms provided in Annex 3, Appendix 2a or Appendix 2b to this Circular) before sending them to competent agencies for validation and take responsibility for their declarations; bl Supply information on the implementation of this Circular when so requested by competent authorities; cI Keep va lidatiuu dosaicrs fOJ 3 yeuI, Iroru the date of validation. 2. Goods owners may: a/ Request competent authorities to issue regulations On validation of catch statements and certificates; bl Request any of competent authorities of the localities in which they have pmchased raw materials to validate catch certificates. Article 12. Responsibilities and powers of competent authorities specified in Clause I, Ar\ii.'\~ 5of lh;s Crcular 23 I. Responsibilities a/ To receive and settle dossiers of request for validation of catch statements for raw material s and catch certificates under Articles 6 and 7 of this Circular when so requested by goods owners; bl To guide goods owners, vessel masters and owners Or their representatives in performing jobs concerning the validation of catch statements for raw materials ~d catch ccrti ficates, cl To comply with the reporting regime prescribed in Article 16of this Circular; dl To report to the Directorate of 'Fisheries 011 detected violations and transfer dossiers to functional agencies for handling according to regulations; el To keep dossiers of validation of catch certificates and catch statements of raw materials for J years from the date of va [i dat i011. 2. Powers aJ To request vessel masters and owners or their representatives and goods owners to supply relevant information to serve the validation of certificates and statements. bl To refuse validating certificates and statements if vessel masters and owners or goods owners violate this Circular. Article n Responsibilities and powers of competent authorities specified in Clause 2, Article 5 of this Circular 1. Responsibilities a/ To val idatc statements of export fishery products processed frOIJl impor Led catches under Article 8 of this Circular; bl To guide importers to make statement of export fishery products processed from imported catches; C VIETNAM LAW & LEGAL FOR 24 c/ To send reports to the Agro-Forcstry Fisheries Quality Assurance Depa rt mcnt according to regulations; dl To keep dossiers of validation of statements of export fIshery products procCSSf'i"l from imported catches within 3 years from the date of validation. 2. Powers aI To request importers to supply relevant information to serve the validation; bl To refuse making validation if importers violate this Circu lar. Article 14. Responsibilities of fishing port authorities a/ To certify information on transshipment within port areas (if any) declared in catch certificares , bl To supply information related to fishing vessel s registering for landing and transship ment operations withi n port areas, Chapter V ORGANIZATION OF IMPLEMENTATION Article I.e:;. RespnTlsihilitips ofmanagernent agencies 1. Tasks of the Directorate of Fisheries To direct the Department of Capture Fisheries and Resources Protection: a1Tv carry OUl professional operations in an uniform manner; to periodically inspect and supervise acti vitics rei ated to the inspection and validation of catch statements for raw material s and catch certificates; b/ To organiz:e profes s iona l trailling fu! officials engaged in the inspection and validation of catch statements for raw materials and catch cortificutes: cl To propagate and provide guidelines on Issue nos 09·101May 2011 (Cong Beonos 259-2601May 12,2011) procedures and methods of management. inspection and val idation of catch statements for raw materials and catch certificates for uniform application nationwide; to conduct propaganda among fishermen and concerned organizations and individuals so as to raise their awareness about illegal, unreported and unregulated fishing and the implementation of this Circular; dl To send biannual reports on the implementation of this Circular to the Ministry of Agriculture and Rural Development; el To post the list offishing vessels violat ing illegal. uru eportcd and unregulated fishing regu lations on the websites of the Directorate of Fisheries, thc Department of Capture Fisheries and Resources Protection. relevant agencies and the European Commission's Directorate General for Maritime Affairs and Fisheries UTo assume the prime responsibility for. and coordinate with concerned Vietnamese agencies in. exchanging ideas and negotiating with European competent authorities in the cooperation, exchange of information and settlement of problems related to the implementation of tile European Cornnussions regulation to prevent. deter and eli ruinate illegal, unreported and unregulated fishing. 2. Tasks of the National Agro-Forestry Fisheries Quality Assurance Department al To direct and carry out professional operations in a uniform manner; to periodically inspect and supervise activities related 10 the inspection and validation of statements of export fisheryproducts processed from imported catchc s. hi To uniformly manage professional operations; to provide training to officials engaged in the inspection and validation of statements of export fishery products processed Issue nos09·10/May 2011 (Gong Bee nos 259-260fMay 12,2011) from imported catches; c/ To make biannual reports on the inspection and validation of statements of export fishery products processed from imported catches to the Ministry ofAgricultural and Rural Development. 3. Tasks of Agriculture and Rural Development Departments of coastal provinces and cities af To direct, guide and inspect the nuplemeutation of this Circular by competent authorities specified in Clause 1, Article 5 of this Circular; bl To guide, disseminate and inspect the observance of the Ministry of Agriculture and Rura l Dc vc lop mc nrs regulations arid the Directorate Fisheries' professional guidelines; cI To direct attached agencies to coordinate with local functional agencies in guiding, propagating and disseminating relevant regulations of this Circular; d/ To advise provincial-level People's Committees in allocating funds, arranging staff and preparing other relevant conditions to assure operations of competent authorities regarding the validation of catch certificates. Article 16. Reporting I. Competent authorities specified in Clause I .Article 5 of this Circular shall submit detailed reports on the validation of catch certificates monthly, quarterly and annually or upon request to the Department of Capture Fisheries and Resources Protection. 2. Competent authorities specified Clause 2, Article 5 uf tbis Circular shall submit detailed reports on the validation of statements of export fishery products processed from imported catches monthly, quarterly and annually or upon mQUe~t tothe. Nationa\ Agro-Porcstry -Fisheries 25 Quality Assurance Department. 3. To-be-reported contents: The Iist ofgoods owners whose catch certificates have been val idated, list of fi shing vessel s violating illegal, unreported and unregulated fishing regulations; the total nu mber of val idated catch certificates and the total volume of catches for which catch certificates have been validated (made according to the form provided in Annex 10 to this Circular). 4. The time for submitting reports: Within 5 days after the last day of a month, 10 days after the last day of a quarter and 15 days after the last da y of a year. Article 17. Organization of implementation 1. The Directorate of Fisheries, departments, the Inspectorate and centers of the Ministry of Agriculture and Rural Development; and provincial-level Agriculture and Rural Development Departments shall, within the ambit of their functions, tasks and powers, urge and inspect the implementation of this Circular. 2. Funds for validation of catch statements for raw materials, statements of export fishery prndurt s processed from imported catches and catch certificates shall be estimated as non business expenses and included in annual operation funds of concerned un its. 2. Agencies and units shall promptly report any problems and difficulties arising in the process of implementation of this Circular and propose their recommendations to the Ministry of Agriculture and Rural Development (via the Directorate of Fisheries or the National ofAgro Forestry-Fisheries Quality Assurance Department, depending on types of issues) for summarization and reponing to the Minister for consideration and revision. Article 18. Effect 26 1. This Circular Lakes effect on the dare of its signing and replaces the Ministry of Agriculture and Rural Development's Circular No. 09120 IlnT-BNNPTNT of March 2. 20 I1. For the Minister (Jj Agriculture and Rural Development Deputy Minister VUVANTAM Notes: All tile annexes and appendices mentioned above are not printed herein. @ VIETNAM LAW &LEGAL FOR ISSJJelli)s-.09·~ fr:onn BROnns1!i9·lfiNM;w11 1n111