Provisional Regulation on the announcement of quality standards of specialized aquatic goods

THE MINISTRY OF AOUATIC RESOURCES DECISION No. 425/2001/QD-BTS OF MAY 25, 2001 PROMULGATING THE PROVISIONAL REGULATION ON THE ANNOUNCEMENT OF QUALITY STANDARDS OF SPECIALIZED AQUATIC GOODS THE MINISTER OF AQUATIC RESOURCES Pursuant to the Government~- Decree No. 50/CP of June 21, 199-! on the tasks. powers and organizational structure of the Ministry of Aquatic Resources: Pursuant to Decision No. 2425/2000/QD BKHCNMT of December 12. 2000 of the Minister of Science. Technology and Environment promulgating the provisional Regulation on the announcement of good, quality standards; At the proposal of the Director of the Department for Protection of Aquatic Resources, DECIDES: Article 1.- To issue together vvith this Decision the provisional Regulation on the announcement of quality standards of specialized aquatic goods. Article 2.- Organizations and indiYiduals that produce and/or trade in specialized aquatic goods shall have to announce quality standards according to this Regulation. Article 3.- This Decision takes effect 15 days after its signing. Article 4.- The Director of the Department for Protection of Aquatic Resources shall have to organize and guide the implementation of this Decision. l11e Director of the Department for Organization, Personnel and Labor, the Director of the Department of Science and TechnolOb'Y and Chiefinspector of the Ministry shall have to inspect the observance of the contents of the Provisional Regulation on the mmounccment of quality standards of specialized aquatic goods. For the A1inister of Aquatic Resources Vice Minister NGUYEN THI HONG MINH PROVISIONAL REGULATION ON THE ANNOUNCEMENT OF QUALITY STAN DARDS OF SPEClALIZED AQUATIC GOODS (Issued together with Decision No. 425/2001/QD-BTS of May 25, 2001 of the Minister o f Aquatic Resources) Chapter I GENERAL PROVISIONS Article 1.- This Regulation prescribes the contents of and procedures for the announcement of quality standards of specialized aquatic goods (hereinafter abbreviated to SAG). Article 2.- Organizations and individuals (hereinafter called establishments for short) that produce and/or trade in SAG (including establishments operating under the Law on Foreign hn-estment in Vietnam) shall have to announce the SAG quality standards accor:ding to Articles 10 and 20 of the Ordinance on Goods Quality. Article 3.- This Regulation shall apply to assorted SAG, which are either produced at home or imported for use in Viet11am, including: 1. Aquatic animals and plants for breeding (including parent breeds). 2. Industrially-processed feeds for aquaculture. 3. Drngs, chemicals and bio-preparations for use in aquaculture. 4. Fis\ling nets and facilities, as well as equipment in service of the exploitation of aquatic resources. Article 4.- The announcement of SAG quality standards shall be uniformly demonstrated in the SAG quality standard announcement. In cases ,shere a company has many agents or branches, which produce and/or trade in goods of one kind (with the same appellation and quality level), this company shall have to aimounce the quality standards in the locality \vhere it is headquartered, then, send such quality standard amwllncement to each of its production arid/or business establishments for the latter to report local management agency thereon. The competent manageinent agencies of the localities where the company's establishments are located shal1 effect the management thereof according to that quality standards announcement. Article 5.- The agencies receiving and recognizing the SAG quality standard a1mouncement are the Department for Protection of Aquatic Resources m1d its local sub dep aliments; The Department for Protection of Aquatic Resources shall have to receive and recognize the SAG quality stm1dard mmouncement for establishments in the localities where its sub-departments are not yet ayailable. The provincial/municipal Sub-Departments for Protection of Aquatic Resources shall have to receive and recognize the SAG quality standard announcement for establislunents headquartered in their respective localities. Article 6.- The goods quality standards allowed to be announced include: Vietnam's standards, branch's standards, international or regional standards and foreign stm1dards accepted by the establislunents for application to their goods. Self-made standards of establishments. The contents of the to-be-armow1ced standards must not be contrary to the regulations issued by competent State agencies for application throughout the country. Chapter II CONTENTSOFANDPROCEDURESFOR ANNOUNCEMENT Article 7.- The dossiers for the announcement of SAG quality stm1dards include (two sets): The establishments shall send dossiers for the announcement of SAG quality standards to the receiving and recognizing agencies, including: 1. The goods quality standard aimounccmcnt: 2. The goods quality standards to be am1ounced (establislunents' standards, foreign standards) enclosed with the issuance decisions; 3. Enclosed goods labels: 4. Copy of the records on testing or experiment results (for goods \Vhich require testing or experimental research before being circulated). Article 8.- Reception and handling of dossiers 1. When receiving the dossiers for the announcement of SAG quality standards, the receiving agencies prescribed in Article 5 shall have to inspect the standards' compatibility with the State's regulations, and guide the establislunents to supplement deficient parts. 2. Within 7 days as from the date of receiving valid dossiers, the receiving agencies shall have to reply the establishments, seal on the SAG quality standard announcements, and return a dossier set to the establishments. Article 9.- Provisions on the numbering of the SAG quality standard announcement The number of the SAG quality standard announcement is consisted of 2 groups ( com1ting from left to right), ·which are separated from each other by a hyphen (-): The first group: Including two letters "TS'' (the conventional code of the Ministry of Aquatic Resources) and the province's name abbreviated in letters. The second group: The ordinal number of the goods to be announced (including 4 digits and l letter representing the commodity group) m1d the last two digits representing the year of announcement, which are separated from each other by a slash(/). Goods being aquatic breeds shall be coded as G; feeds for aquaculture, T; chemicals, drug and bio preparations for aquaculture, H; and fishing nets and facilities, N. For example; TS-0001/01 is the number of the first SAG quality standard annmmcement, granted to goods belonging to the commodity group of feeds for aquaculture by the Department for Protection of Aquatic Resources in 2001. TSSG-0010/01 is the nwnberofthc lOtl, SAG quality standard announcement grated to goods belonging to the commodity group of fishing nets and facilities by the Sub Department for Protection of Aquatic Resources of Ho Chi Mi11h City in 2001. Clzapter//1 RESPONSIBILITIES TO EFFECT THE QUALITY STANDARD ANNOUNCEMENT Article 10.- Responsibilities of the establishments announcing goods quality standards l. To ensure that their goods reach the quality standards already announced; inspect the goods quality m1d bear responsibility for the announced quality of the goods they produce and/or trade in. 2. When there arc any changes in goods quality or goods labels as compared with the previous mmotmcement, the establislunents shall have to compile dossiers for re announcement according to the pmvisions in Article 8. Article 11.- Responsibilities of the agencies receiving the goods quality standard mmouncement: l To organize, guide and receive the dossiers of announcement of SAG quality standards according lo responsibility assigmnent prescribed in Article 5. 2. Within the scope of their responsibility, to coordinate ,vith the concerned agencies in conducting regular or irregular inspections and examinations of, and promptly hm1ellc, if detecting.signs of or receiving complaints or denunciations about ,-iolations on the armouncement of SAG quality stm1dards according to current lmv provisions. 3. Quarterly, the Sub-Departments for Protection of Aquatic Resources shall send reports on announcement of SAG quality standards, as well as on the quality of SAG with armounced quality standards and other related matters to the Department for Protection of Aquatic Resources. 4. Quarterly and annually, the Department for Protection of Aquatic Resources shal I send reports thereon to the Ministry of Aquatic Resources and the Ministry of Science, Technology and Environment. Clz«pter IV HANDLING OF VIOLATIONS Article 12.- Establishntents that produce and/or trade in SAG, if violating the provisions of this Regulation, shrt11 be handled according to law Article 13.- h1diyiduals working for the receiving agencies, if conuniHing acts of breaching the provisions of this Regulation, shall, depending on the natme and seriousness of their violations, be handled according to the provisions of law. Chapter V IMPLEMENTATION PROVlSIONS Article 14.- All previous proYisions, which are contrary to this Regulation, are hereby aJint1lled; TI1e amendments and supplements to the contents of this Regulation shall be considered and decided in ,Yrititig by the Minister of Aquatic Resources.