Decision No. 70/2008/QD-BNN promulgating the Regulation on management of “tra catfish” rearing zones and establishments

Issue nos 07.Q9/June 2008 (COng Bao nos 355-3561June 20, 2(08) OFFICIAL GAZETTE 39 THE MINISTRY OF AGRICULTURE AND RURAL DEVELQrMENT DECISION No. 7012008lQD-BNN OF JUNE 5, 2008, PROMULGATING THE REGULATION ON MANAGEMENT OF TRA CATFISH REARING ZONES AND ESTABLISHMENTS THE MINISTER OFAGRICULTUREAND RURALDEVEWPMENT Pursuant to the Government's Decree No. 01/ 2008lND-CP of January 3, 2008, defining the functions, tasks, powers and organizational structure ofthe Ministry ofAgriculture and Rural Development; Pursuant to the Government's Decree No. 59/ 2005/ND-CP ofMay 4, 2005, on conditions on a number of aquaiic product production and business lines; Pursuant to the Prime Minister's Decision No. 224119991QD-TTg Of December 8, 1999, approving the aquaculture developmentprogram in the 1999-2010 period; At the proposal of the DIrector Of the Aquaculture Department, DECIDES: Article 1.- To promulgate together with this Decision the Regulation 011 management of tra catfish rearing zones and establishments. Article 2.- This Decision takes effect 15 days after its publication in "CONG BAO." Article 3.-Heads ofDepartments, Bureaus, the Inspectorate and the Office of the Ministry, directors 01 provincial/municipal Fisheries, and Agriculture and Rural Development Services, and heads of units attached to the Ministry of Agriculture and Rural Development shall implement this Decision. For the Minister ofAgriculture and Rural Development VICe Minister NGUYENVIETTHANG REGULATIONONlRACATFlSHREARING ZONESANDESTABLISHMENTS (Promulgated together with the Agriculture and Rural Development Minister's Decision No. 701 2oo8l0D-BNN ofJune 5. 2(08) Chapter I GENERAL PROVISIONS Article 1.-Objectives This Regulation provides for the management of tra catfish rearing zones and estabhshments to ensure sustainable development of tra catfish reanng. Article 2.- Subjects and scope of application This Regulation applies to Vietnamese and foreign organizations and individuals rearing tra catfish (Pangasianodon hypophthalmus Sauvage, 1878) in the Vietnamese territory and concerned management agencies nationwide. Article 3.- Interpretation of terms © VIETNAM LAW & LEGAL FORUM 40 OFFICIAl GAZETTE Issue nos07.(19JJune 2008 (COng Olio nos J.J5-J,)QlJuJ)~ 20, 2000) In this Regulation, the tenns below are rr:m9:t:nIf'n :'1": follow,," 1. Superintensive rearing cftra catfish means rearingtracatfishwith a densityof> 30bigbreeder fish/m2orz 40 smallbreederfishlm2(big breeder fishmeans a fishwitha body height of2.5-3 em, with 10-12fish weighing 1kg; small breeder fish means a fish with a body heightof 1.5-2em, with l)l)..:/O fi!>1l weighing 1 kg, as defined by branch standards No. 28 TCN 170:2(01), in a proper technological process to reach a productivity of ~ 300totwhalcrop. 2. Intensive rearing of tra catfish means rearing ce catfish with a density of 15-20 big breederfish/m2 or 20-30small breederfishlm2 in a proper technological process to reach a productivity of 150-200 tonslhalcrop. 3. Tra catfish rearing establishment means a facility owned by an organization or individual where tra catfish is reared. 4. Tracatfish. rearingzone means an area used for tracatfish rearing which accommodates two or more tra catfish rearing establishments using a common water supply source and wastewater dmina.gc systClll. 5. GAP (Good Aquaculture Practices) is appliedto tracatfish rearing. 6. BMP (Better Management Practice) is applied 1o1Ta catfish rearing. 7, CoC (Code of Conduct for Responsible AqllorllltllrP) io;: "'PI'!i<'i! to tra r f1tfio;:h rPflrine (GAP, BMPandCoCareformulated based on the principles specified in Article 9 - Aquaculture development of the Code of Conduct for Responsible Fisheries ofFAO, 1995). 8. Safe tra catfish rearing means a rearing process in which proper technical methods are applied in order to ensure foodsafety for products, epidemic safety for reared fish, enviromnental safety and economic efficiency for raisers 9.Safetrucatfish rearing establishment means a tra catfish rearing establishment which fully satisfies conditions prescribed in this Regulation and is granted a certificate ofsafetracatfish rearing establishment; or an establishment which applies one of international standard sets such as GAP, BMP and CoC or other standards on safe aquaculture and is granted a certificate of qualification by the relevant standard promulgating hndy 10. Safe tra catfish. rearing zone means a tea catfish rearing zone which has 100% oftra catfish rearing establishments fully satisfying conditions prescribed in this Regulation or applying one of international standard sets such as GAP, BMPand cae or other standards on safe aquaculture, at least ~U% at which obtain a relevant certiticate at qualification. Chapter II MANAGEMENTOFTRACATFISH REARING ZONESAND ESTABLISHMENTS Article 4.- Conditions on tra catfish rearing 1. The location of a tra catfish rearing establishment must be in an area planned for rra catfish rearing already approved by a competent authority. 2. A tru catfish rearing establishment must U3C breeder fish meeting quality requirements set in branch standard 28 TCN 170:2001 and only use breeder fish which have a clear origin and receive quarantine certification and quality examination. 3. A tra catfish rearing establishment must use industrial feeds meeting branch standard 28 TeN 188:2004 or self-made feeds meeting branch © VIETNAM LAW & LEGAL FORUM Issue nos 07-09/June 2008 (Cang Bao »os :;55-:;5S!JlJlI~ :20, :2008) OFFICIAL GAZETTE 41 standard No. 28 TCN 176:2002 on quality and hygienic safety. 4. Wastewater discharged from tra catfish rearing ponds must be treated to meet Vietnam standards TCVN 677402()()() and TCVN 5942 1995 on wastewater quality. 5. Solid wastes must be collected and treated according to Clause 3, Article 7 of the Government's Vecree No. jj/:2.W)/NU-CP ot March 15,2005, detailing the implementationofa number of articles of the Ordinance on Animal Health. To encourage the treatment and reuse of solid wastes from tra catfish rearing for agricultural production. 6. Not to treat the environment with chemicals and biological preparations outside the list of permitted substances. 7. A tra catfish rearing establishment owner must make a written commitment on environmental protection and observe this commitment. Article 5.- Epidemic prevention in tra catfish rearing zones and establishments 1. The epidemic prevention for reared fish complies with Clause 2, Article 7 of the Government's Decree No. 33/2005/ND-CP of March 15, 2005, detailing the implementation ofa number of articles ot the Ordinance on Animal Health. 2. Not to prevent or treat fish diseases withdrugs and chemicals on the li:sl uf chemlculs and antibiotics banned from or restricted for use in aquatic product production and business. Article 6.- Promotion ofsafe tracatfish rearing 1. To encourage the building of tra catfish rearing establishments using advanced rearing technologies and management models (such as GAP, BMP, CoC or other standards) suitable to local conditions to ensure sustainable aquaculture development. 2. A tra catfish rearing establishment owner may: aJ Request a provincial-level aquaculture rrumagementagency to include hislherestablishment onto the listofsafe tracatfish rearing establishments. b/ Advertise his/her safe tra catfish rearing establishment on the mass media. c/Enjoy other rights according to law. CIMpler III ORGANIZATION OFIMPLEMENTATION Article 7.- Responsibilities of the Aquaculture Department: 1 To organize, examine and supervise the implementation of this Regulation nationwide. 2. To urge provincial-level aquaculture state management agencies in implementing this Regulation. 3. To direct the research into advanced technologies ofbreederproduction andcommercial rearing to ensure safe and sustainabledevelopment oftra catfish rearing. Article 8.- Responsibilities ofprovincial-level aquaculture state management agencies 1. To organize the implementation of this Regulation in provincial-level territories. 2. To coordinate with the Center for Aquatic Environment and Disease Observation and Warning inorganizing the observation and warning ofaquatic environmentand diseases for tra catfish rearing zones. 3. To annually make and announce lists ofsafe tra catfish reanng establishments; super intensive © VIETNAM LAW& LEGAL FORUM OFFICIAL GAZETTE Is.s.ue nos. 07.09/June 2008 (Gong Baanos 355-35Q1June 20, 2(08) tra catfish rearing zones and establishments; and intensive tra catfish rearing establishments in provincial-levelterritories to serve as the basisfor macro management and tracking down product ongins. 4.Toreviewthe1oca1lra cat1ish rearing situatiOfl and make reports to theAquaculture Department on an annlJSll or p.xtranrdin:uy (at rf':(I1IP.~t)ha sis Chapter IV COMMENDATION, HANDLINGOF VIOlATIONS. COMPLAINTSAND DENUNCIATIONS Artitk 9.- Commendation Organizations and individuals gaining achievements in implementing thisRegulationmay be commended according to law. Article10.-Handling of violations Organizations and individuals violating this Regulation shall behandled according to Section C, Chapterll of theGovernment'sDecreeNo. 1281 20051ND-CP of October II, 2005, providing for the sancnoning ot administrative violations in the fisheries domain andtheGovernment'sDecree No. 34/2005/ND-CP of March 17, 2005, on the sanctioningofadministrative violations in the water resourcernomain. Articfe11.- Complaints and denunciations 1. Organizations and individuals may lodge complaints on, individuals may denounce, an organization's or individual's acts of violating this Regulation:; to a ~ornpetcntorganizationorindividual. 2.Whenreceivingacomplaintordenunciation, a competent organization or individual shall promptly handle it according tu the law on complaintsand denunciations. Chapter V IMPLEMENTATION PROVISIONS Article12.- Amendment of and supplemen tation lO the Regulation I.Whenbranchstandardsandotherdocuments related to the implementation of this Regulation are amended,supplementedor replaced, musenew documentsprevail. 2. In the course of implementing this Regulation, any inappropriate content to be modified or supplemented should be promptly reported to theAquaculture Department for sum up and submission to the Minister of Agriculture and Rural Development for study and decision. Forthe Minister of Agriculture and Rural Development VICe Minister NGUYEN VIET THANG \Sl VIETNAM LAW" LEGAL FORUM