Chương VII: Nghị định 26/2019/NĐ-CP hướng dẫn Luật Thủy sản Mua, bán, sơ chế, chế biến, xuất khẩu, nhập khẩu thủy sản, sản phẩm thủy sản

Chapter VII

SALE, PRELIMINARY PROCESSING, PROCESSING, EXPORT AND IMPORT OF FISHERY PRODUCTS

Article 66. Processing of endangered, precious and rare aquatic species

Organizations and individuals involved in processing of endangered, precious and rare aquatic species must satisfy the following requirements:

1. Specimens of endangered, precious and rare aquatic species must be of legal origin as prescribed by law;

2. A record on processing of endangered, precious and rare aquatic species and products thereof must be made;

3. Finished products sold on the market must be labeled in accordance with regulations of law on goods labeling;

4. Regulations on food safety and disease safety must be complied with.

Article 67. Export, import, re-export and transit of CITES-listed aquatic species, and endangered, precious and rare aquatic species

1. Organizations and individuals issued with the import license are not required to obtain a license for import of endangered, precious and rare aquatic species on the List of aquatic species licensed for sale in Vietnam, except for CITES-listed aquatic species.

2. Organizations and individuals are entitled to re-export and transit endangered, precious and rare aquatic species in accordance with regulations of the Law on Foreign Trade Management.

3. The issuance of the license for export of endangered, precious and rare aquatic species that appear on the List of aquatic species prohibited from export or fail to satisfy conditions for scientific research or international cooperation mentioned in the List of exported aquatic species subject to certain conditions shall comply with Article 69 of this Decree.

4. Upon export, import, re-export or introduction from the sea of CITES-listed endangered, precious and rare aquatic species, regulations of the law on management of endangered, precious and rare  plant animals and plants and enforcement of CITES, and regulations of this Decree shall be complied with.

Article 68. Introduction from the sea of endangered, precious and rare aquatic species

1. Introduction from the sea of endangered, precious and rare aquatic species means the transportation into Vietnam of specimens of endangered, precious and rare aquatic species which were taken in the marine environment not under the jurisdiction of any State.

2. Upon introduction from the sea of CITES-listed endangered, precious and rare aquatic species, regulations of the law on management of endangered, precious and rare  plant animals and plants and enforcement of CITES, and regulations of this Decree shall be complied with.

3. Upon introduction from the sea of specimens of endangered, precious and rare aquatic species, except for species mentioned in Clause 2 of this Article, regulations set forth in Article 40 of this Decree shall be complied with.

Article 69. Issuance of license to export aquatic species

1. Any organization or individual that wishes to export an aquatic species that appears on the List of aquatic species prohibited from export or the List of exported aquatic species subject to certain conditions but fails to satisfy conditions for scientific research or international cooperation shall submit an application to the Directorate of Fisheries.

2. An application for issuance of the license to export aquatic species includes:

a) An application form (Form No. 36.NT in the Appendix III hereof);

b) Documents proving the aquatic species is exported for the purpose of scientific and international cooperation.

3. Procedures for issuance of the license to export aquatic species:

a) Within 10 working days, the Directorate of Fisheries shall consider the application and submit it to the Ministry of Agriculture and Rural Development, which will consult the Prime Minister;

b) The Directorate of Fisheries shall consult the Ministry of Agriculture and Rural Development about considering issuing the license to export aquatic species according to the Form No. 37.NT in the Appendix III hereof to the applicant after obtaining the consent from the Prime Minister. In case the application is rejected or unsatisfactory, the Directorate of Fisheries shall provide a response and explanation in writing.

Article 70. Control of import, temporary import, re-export, temporary export, re-import and transit of fishery products originating from illegal, unreported and unregulated fishing

1. The Ministry of Agriculture and Rural Development shall take charge and cooperate with the Ministry of Transport in designating and publishing a list of ports that allow the entry of foreign vessels engaged in transport and transshipment of fishery products processed from catches for the purposes of import, temporary import, re-export and transit thereof through Vietnam and send a list of designated fishing ports to the Food and Agriculture Organization of the United Nations (FAO).

2. Any organization or individual that has a vessel engaged in transport of fishery products processed from catches for the purposes of import, temporary import, re-export and transit thereof through Vietnam shall notify a competent authority of the Ministry of Agriculture and Rural Development according to the Form No. 17.KT in the Appendix IV hereof through the national single-window system 24 hours prior to its entry into a port.

3. Within 24 hours from the receipt of the notification, the competent authority of the Ministry of Agriculture and Rural Development shall inspect and verify information about origin of fishery products on board the vessel and decide to:

a) allow the vessel to enter the port and notify the port authority if it does not engage in illegal fishing or support illegal fishing;

b) refuse the entry of the vessel and notify the port authority if it is suspected of engaging in illegal fishing or supporting illegal fishing except for force majeure. Publish and notify the decision on entry refusal to the flag state, neighboring coastal states, regional fisheries management organizations and relevant organizations.

4. Inspect information relating to a foreign vessel upon its entry into a port:

a) The competent authority of the Ministry of Agriculture and Rural Development is entitled to inspect the foreign vessel after its entry into a port (except in the case where the container ship is sealed with lead and does not unload fishery products in Vietnam) or at the request of the flag state and coastal state concerned;

b) Inspection principles: Ensure equality and transparency, ensure no discrimination and do not cause any trouble during the inspection; do not affect quality of fishery products on board; inspectors must be qualified and expert in law on fisheries; if necessary, invite a representative of the flag state to join the inspection;

c) Contents of inspection: information about the vessel (name, number, IMO number); information about the vessel owner, fishing license, transshipment license, production and components of aquatic species, fishing gears and documents prescribed by CITES (if any);

d) Documents to be presented to the inspecting authority: fishing license, registration certificate of fishing vessel; transshipment license, transshipment reports and information about free alongside ship (license, certificate) and documents about the transshipment ship; other documents relating to the information declared prior to entry;

dd) Inspection procedures: the inspector shall present his/her inspector card to the master; carry out the inspection according to Point c of this Clause and information specified in the Form No.18.KT in the Appendix IV hereof; the master must provide declared information, documents specified in Point d of this Clause, documents concerning inspection contents and information declared prior to entry; make an inspection record according to the Form No.18.KT in the Appendix IV hereof; notify and process inspection results.

5. Notify and process inspection results:

a) The inspection record is made into 02 copies, each of which is kept by the master and the inspecting authority. The record shall be sent to the flag state via the email published by FAO;

b) When there are grounds to believe that the shipment originates from illegal fishing or the fishing vessel engages in illegal fishing or supports illegal fishing, the competent authority of the Ministry of Agriculture and Rural Development shall refuse the unloading of fishery products into the port, request the port management unit to refuse to provide services at the port and notify inspection results and measures against violations to the flag state, coastal states, regional fisheries management organizations, FAO, relevant international organizations and state of which the master of such fishing vessel is the citizen.

6. In case the entry of the fishing vessel has been refused but it deliberately enters the port or enters the port due to force majeure, the port authority shall notify the Ministry of Agriculture and Rural Development for carrying out an inspection under the Agreement on Port State Measures and make an inspection record according to the Form No. 19.KT in the Appendix IV hereof; take actions against violations (if any).  In case the fishing vessel has to be forced to leave Vietnam’s territory, it is required to notify the state related to the vessel and its schedule.

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