Nghị định 36/2014/ND-CP

DECREE

ON RAISING, PROCESSING, AND EXPORTING PANGASIUS

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on Fishery dated November 26, 2003;

Pursuant to the Law on Product and goods quality dated June 17, 2010;

Pursuant to the Law of Food safety dated November 21, 2007;

Pursuant to the Law on Commerce dated June 14, 2005;

At the request of the Minister of Agriculture and Rural development, the government promulgates a Decree on raising, processing, and exporting pangasius

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope

This Decree deals with raising, processing, and exporting pangasius.

Article 2. Subjects of application

This Decree is applied to any Vietnamese or foreign entity involved in raising, processing, and exporting pangasius within Vietnam’s territory.

Chapter 2.

RAISING AND PROCESSING PANGASIUS

Article 3. Planning for raising and processing pangasius

1. Rules for formulating planning:

a) The planning for raising and processing pangasius must exploit the advantages and potentials of different areas and be suitable for the consumption of pangasius on the domestic and foreign markets.

b) The detailed planning for raising and processing pangasius in each administrative division must be suitable for the master planning for raising and processing pangasius;

c) The planning for raising and processing pangasius must be conformable with the socio-economic development plan of each administrative division.

2. Planning contents:

a) Analysis of natural conditions and socio-economic impacts that affect the raising, processing, and consumption of pangasius;

b) Evaluation of the current status of pangasius farming, processing, and consumption;

c) Analysis, evaluation, and forecast of demands, prices, and competitiveness of Vietnamese pangasius on the domestic and foreign markets;

d) Scale and output of pangasius farming areas; productivity of processing facilities;

dd) Technical solutions, mechanisms, and policies for implementation of the planning;

e) Solutions for environment protection while implementing the planning for raising and processing pangasius.

3. Entitlements to formulate and ratify planning:

a) The Ministry of Agriculture and Rural Development shall take charge and cooperate with other Ministries, agencies, and local authorities in formulating and ratifying the Master planning for raising and processing pangasius;

b) According to the Master planning for raising and processing pangasius ratified by the Ministry of Agriculture and Rural Development, the People’s Committees of provinces shall review, formulate, and ratify their own planning for raising and processing pangasius locally.

4. The government shall introduce incentive policies on cooperation in raising, processing, and exporting pangasius; investment in infrastructure of farming areas that are conformable with the ratified planning for raising and processing pangasius.

Article 4. Requirements for commercial pangasius farms

1. The locations and areas of the commercial pangasius farms must be conformable with the planning for raising and processing pangasius ratified by the People’s Committee of the province.

2. The registration of area and output of every commercial pangasius farm must be certified by a local fishery authority.

3. Commercial pangasius farms must meet the technical regulations and standards for fishery, issued with a certificate and ID number by local fishery authority.

4. The breeds, feeds, veterinary medicine, bioproducts, microorganisms and chemicals used must be conformable with law.

5. By December 31, 2015, every commercial pangasius farm must obtain the Certificate of Good Aquaculture Practice according to VietGap or an international certificate that is conformable with Vietnam’s law.

Article 5. Requirements for processing facilities

Every processing facility must:

1. Have a Certificate of Business Registration, in which fish processing is licensed, issued by a competent authority.

2. Be listed in the planning for raising and processing pangasius ratified by the People’s Committee of the province.

3. Take necessary measures to trace the origins of processed pangasius products.

4. Apply a quality control system, technical regulations and standards for food safety and hygiene during manufacture and sale of aquaculture products; obtain a certificate of food-safety facility issued by a competent authority.

5. Ensure the announced quality of sold pangasius products; carry out inspections and take responsibility for the announced quality; label goods in accordance with law.

6. Every new processing facility must be inspected by the Ministry of Agriculture and Rural Development and be issued with a certificate of food-safety before its operation is commenced.

Article 6. Requirements for quality, food safety and hygiene of processed pangasius products

1. Raw pangasius serving processing of pangasius must be raised by the commercial pangasius farms that meet the requirements in Article 4 of this Decree.

2. Processed pangasius products must comply with regulations on quality, food safety and hygiene applied to aquaculture products of Vietnam and the importing countries.

3. Processing of frozen pangasius fillets:

a) The chemicals, additives, and other substances used must be conformable with Vietnam’s law and regulations of importing countries;

b) The ice-glazing ratio (ratio of ice glaze to gross weight) of exported pangasius products must be conformable with regulations of importing countries. In other cases, the ice-glazing ratio must not exceed 10%.

c) The amount of water must not exceed 83% of net weight (weight of pangasius fillets after removing the ice glazing).

4. Apart from complying with applicable regulations of Vietnam and importing countries on food labeling, the labels of frozen pangasius fillets must contain: net weight; ice glazing ration; names of chemicals, additives, and other substances used during the processing.

Chapter 3.

EXPORTING PANGASIUS

Article 7. Requirements for exporting pangasius products

The entities that export pangasius products (hereinafter referred to as exporters) must satisfy the requirements below:

1. Processing facilities must satisfy the requirements in Article 5 of this Article. If the exporter that does not have a processing facility must have a processing contract or sale contract with a processing facility that meets the requirements in Article 5 of this Decree.

2. Pangasius export contracts must be registered with Vietnam Pangasius Association in accordance with Article 8 of this Decree. The customs shall only grant clearance to the consignments under the pangasius export contracts certified by Vietnam Pangasius Association.

Article 8. Registration of pangasius export contracts

1. Vietnam Pangasius Association is in charge of registration of pangasius export contracts.

2. All exporters of pangasius products must apply for registration of pangasius export contracts

3. An application consists of:

a) A pangasius export contract registration form;

b) A valid copy of a Certificate of Registration of commercial pangasius farming, which is certified by a local fishery authority (if the exporter uses commercial pangasius from the commercial farms under the exporter’s ownership);

c) A valid copy of a contract to buy raw pangasius with a commercial pangasius farm that meets the requirements in Article 4 of this Decree (if the exporter uses commercial pangasius from the commercial pangasius farms that are not under the exporter’s ownership);

d) A valid copy of a Certificate of food-safety processing facility (whether the exporter buys commercial pangasius or has them processed at another processing facility)

dd) A valid copy of the contract for purchase of commercial pangasius or the contract for pangasius product processing with a processing facility that meet the requirements in Article 5 of this Decree (applied to the exporters that do not have a processing facility).

4. Method and time:

a) Within 01 working day, if the application for registration of the pangasius export contract is not satisfactory according to Clause 3 of this Article , Vietnam Pangasius Association shall request the exporter (in writing) to complete the application;

b) Within 03 working days from the day on which sufficient documents are received, if the application is satisfactory according to Clause 3 of this Article and the purchase prices of raw pangasius are higher or equal to those announced by Vietnam Pangasius Association at the time the application is received (applied to exporters that use commercial pangasius purchased from commercial pangasius farms that are not under the exporters’ ownership), Vietnam Pangasius Association shall verify and certify the pangasius export contract.

If the application does not comply with the aforementioned regulations, Vietnam Pangasius Association shall not grant registration of the pangasius export contract and provide explanation in writing.

5. The fees for evaluation of qualification for pangasius business shall be provided for by the Ministry of Finance.

Article 9. Dealing with violations during export of pangasius products

1. Any exporter that violates the regulations of this Decree shall be carry the penalties mentioned in Clause 2, Clause 3 and Clause 4 of this Article apart from the penalties prescribed by the laws on dealing with administrative violations.

2. The export of consignments of pangasius products that fail to meet the requirements regarding quality, food safety and hygiene of Vietnam and the importing countries shall be suspended.

3. Any exporter that is suspended by a competent authority of the import market due to violations pertaining to food safety and quality shall be suspended from exporting pangasius products.

4. If multiple consignments exported to a country that does not require the Vietnamese party to inspect and certify the quality of exported pangasius products, but only imports pangasius products from Vietnam are found substandard, the Ministry of Agriculture and Rural Development shall carry out quality inspections, impose penalties upon the exporters and processing facilities responsible for such consignments in accordance with the Law of Food safety and the Law on Product and goods quality.

Chapter 4.

IMPLEMENTATION

Article 10. Responsibilities of Ministries and agencies

1. The Ministry of Agriculture and Rural Development shall:

a) Formulate and ratify the Master planning for raising and processing pangasius; provide guidance, inspect and supervise the formulation and implementation of planning for raising and processing pangasius of provinces;

b) Provide guidance and inspect registration of area and output of commercial pangasius farming and issuance of ID numbers to commercial pangasius farms by local fishery authorities;

c) Provide guidance, inspect and supervise the application and accreditation of good aquaculture practice;

d) Formulate and introduce (or request competent authorities to introduce) National Technical Regulations and Standards for raising, processing, and exporting pangasius;

dd) Provide guidance, organize the inspections at pangasius farms, and processing facilities; inspect and monitor the quality of pangasius raised, processed and exported;

e) Cooperate with and supervise Vietnam Pangasius Association implementing the regulations on evaluation of qualification for pangasius business and collection of fees thereof;

hg) Provide guidance, carry out inspections, and impose penalties for violations against regulations of law on raising, processing, and exporting pangasius;

h) Provide and announce regulations on food safety of imported pangasius products of the markets that import pangasius products from Vietnam;

i) Suspend the export of pangasius product consignments that fail to meet the requirements for food safety and quality of Vietnam and the importing country; suspend exporters that are suspended by competent authorities of import markets due to violations pertaining to food safety and quality according to Clause 2, Clause 3, and Clause 4 Article 9 of this Decree from exporting pangasius products. Specify the inspection and imposition of penalties mentioned in Article 9 of this Decree;

k) Trace the origins of exported Vietnamese pangasius products in accordance with law.

2. The Ministry of Industry and Trade shall:

a) Take charge and cooperate with The Ministry of Agriculture and Rural Development, the Ministry of Foreign Affairs, relevant Ministries and agencies in advising on settlement of commercial disputes and technical barriers to export of pangasius products;

b) Carry out inspection and impose penalties for violations during export of pangasius products;

c) Direct Vietnam’s commercial missions overseas to support the trade promotion of pangasius products.

d) Inspect and supervise the implementation of this Decree in accordance with the laws on anti-dumping.

3. The Ministry of Finance shall:

a) Provide instructions on calculating prices of raw pangasius;

b) Impose fees for evaluation of qualification for pangasius business; provide instructions on collection, remittance, and use of such fees;

c) Request the General Department of Customs to carry out customs supervision and inspection with regard to export of pangasius products in accordance with this Decree; make and send monthly reports to the Ministry of Finance, the Ministry of Industry and Trade, and the Ministry of Agriculture and Rural Development on the output, export prices, and export markets of pangasius products.

Article 11. The People’s Committees of provinces

1. Formulate, ratify, and management the implementation of the planning for raising and processing pangasius locally in a way that is conformable with the Master planning for raising and processing pangasius ratified by the Ministry of Agriculture and Rural Development.

2. Provide instructions for local fishery authorities on certifying of registration of area, output commercial pangasius farming and issuance of ID numbers to commercial pangasius farms.

3. Organize local raising, processing, and export of pangasius in accordance with law.

4. Organize inspections and imposition of penalties for local violations against regulations of law on raising, processing, and exporting pangasius.

Article 12. Vietnam Pangasius Association

1. Vietnam Pangasius Association shall take charge of:

a) Organizing the registration, evaluation, verification of qualification for pangasius business, and collection of fees thereof;

b) Announcing floor prices of raw pangasius according to instructions of the Ministry of Industry and Trade calculating prices of raw pangasius; adjusting the prices to the market developments;

c) Managing and using the fees for evaluation of qualification for pangasius business in accordance with law;

d) Providing the customs with the list of exporters whose registration of pangasius export has been certified;

dd) Sending monthly, quarterly, and annual statistical reports on the raising, processing, and export of pangasius to the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade, and the Ministry of Finance.

2. Vietnam Pangasius Association shall cooperate with relevant trade associations in:

a) Providing guidance for and encouraging members to comply with regulations of law on raising, processing, and exporting pangasius products;

b) Doing trade promotion of pangasius products; analyzing, forecasting the export markets of pangasius products;

c) Participating in export protection; settling commercial disputes and technical barriers to raising, processing, and export of pangasius;

d) Providing support, information about raising, processing, and the market for entities that raise and/or process pangasius;

Article 13. Entities that raise, process, and/or export pangasius

1. Entities that raise, process, and/or export pangasius must comply with regulations of law on raising, processing, and exporting pangasius in this Decree and relevant laws.

2. Exporters of pangasius products are obliged to:

a) Comply with regulations on food safety and quality inspection, certification, and management applied to exported aquaculture products of importing countries and Vietnam;

b) Apply for registration of pangasius export contracts in accordance with Article 8 of this Decree; take responsibility for the authenticity of the provided information about their contracts;

c) Pay fees for evaluation of qualification for pangasius business.

Chapter 5.

IMPLEMENTATION

Article 14. Transition

1. Commercial pangasius farms that have been operating before this takes effect, do not conform to the planning for raising pangasius, but still meet the requirements for raising pangasius in Clause 2 and Clause 3 Article 4 of this Decree may continue operating.

2. Before December 31, 2015 and after the effective date of this Decree, exporters may purchase raw pangasius from the commercial pangasius farms that have not satisfied the requirements in Clause 5 Article 4 of this Decree to process and export.

3. Before the Circular of the Ministry of Agriculture and Rural Development on registration of area, output, and issuance of ID numbers to commercial pangasius farming takes effect, the Certificates of registration of commercial pangasius farming (mentioned in Point b Clause 4 Article 8) is not a compulsory paper in the application for registration of pangasius export contract.

4. Before December 31, 2014 and after this Circular takes effect, frozen pangasius fillets that fail to meet the quality standards mentioned in Point b and Point c Clause 3 Article 6 of this Decree may be exported if their quality, safety and hygiene are conformable with regulations of the import market.

Article 15. Effect

This Decree takes effect on June 20, 2014.

Article 16. Responsibility for guidance and implementation

1. The Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade, and the Ministry of Finance are responsible for providing guidelines for implementation of this Decree within their given tasks in this Decree and relevant laws.

2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces, the President of Vietnam Pangasius Association, Presidents of relevant trade associations are responsible for the implementation of this Decree within the area of their competence.