Chương IV: Thông tư 21/2018/TT-BNNPTNT Xác nhận nguyên liệu, chứng nhận nguồn gốc thủy sản khai thác

Chapter IV

VALIDATION OF CATCH STATEMENTS FOR RAW MATERIALS AND CATCH CERTIFICATES

Article 9. The power to validate catch statements for raw materials and catch certificates

1. The fishing port management organization designated as prescribed in Clause 3 Article 6 of this Circular shall, upon request, validate catch certificates for fishery products in terms of weight and components of aquatic species, catch areas and date with respect to fishing vessels handling fishery products at the fishing port.

2. Provincial fishery authorities published on the website of the Directorate of Fisheries in the Appendix IV hereof shall validate catch certificates for fishery products that do not violate the IUU regulation.

3. The National Agro - Forestry - Fisheries Quality Assurance Department shall validate statements of export fishery products processed from imported catches or catch statements for raw materials by ICCAT’s regulations that do not violate the IUU regulation at the request of the regional fisheries management organization or the importing country.

4. The veterinary agency shall quarantine and control imported raw materials according to the Circular No. 26/2016/TT-BNNPTNT dated June 30, 2015 of the Minister of Agriculture and Rural Development.

Article 10. Validation of catch statements for raw materials

1. The applicant for validation of catch statement for raw materials shall submit an application to the organization managing the fishing port where the fishing vessel handles fishery products at the port, whether directly or by post or electronically (if any).

2. An application includes:

a) A completely filled-out catch statement for raw material (Form No. 01 in the Appendix III hereof);

b) An original of the receipt for fishery products handled at the port issued by the fishing port management organization. In case the application is submitted electronically, a photocopy of the receipt is required.

3. Within 02 working days from the receipt of the satisfactory application, the fishing port management organization shall check the information to be validated in terms of weight and components of aquatic species against the logbook on the fishing vessel entering the port for fishery product handling, catch areas and date against the vessel's voyage in the fishing vessel monitoring system and issue the catch statement for raw material according to the Form No. 01 in the Appendix III hereof. In case of rejection of the application, the fishing port management organization shall respond and provide explanation in writing.

In case of failure to specify weight of all fishery products in the receipt, the fishing port management organization shall return the original of the receipt in which the weight of the remaining fishery products is specified. In case weight of all fishery products has been specified, the fishing port management organization shall collect the original of the receipt and retain it.

4. Applicants shall pay application fees as prescribed.

Article 11. Issuance and re-issuance of catch certificate

1. The applicant for issuance or re-issuance of the catch certificate shall submit an application to one of the competent authorities specified in Clause 2 Article 9 of this Circular, whether directly or by post or electronically (if any).

2. An application includes:

a) A copy of the catch statement for raw material that describes the raw material used according to Section B Form No. 01 in the Appendix III hereof. In case the raw material has not yet been used up, the applicant shall submit the original of the catch statement for raw material so that the competent authority can certify the amount of raw materials that has not yet been used. In case the raw material has been used up, the competent authority shall collect the original of the catch statement for raw material and retain it;

b) A catch certificate prepared using the Form No. 02 in the Appendix III hereof for the product exported to European market or the Form No. 03 in the Appendix III hereof for the product exported to markets of the countries belonging to International Commission for the Conservation of Atlantic Tunas or a completely filled-out certificate at the request of the competent authority of the importing country;

c) Additional information for fishery products obtained from the fishing vessels of Vietnam and Transport details under the Forms No. 02a and No. 02b in the Appendix III hereof.

3. The catch certificate shall be reissued in case the original catch certificate is torn or lost or any information written on the certificate is revised. An application for re-issuance of the catch certificate includes:

a) An application form (Form No. 05 in the Appendix III hereof);

b) A completely filled-out catch certificate prepared according to the Form No. 02 or No. 03 in the Appendix III hereof at the request of the competent authority of the importing country;

c) An original of the catch certificate that is torn or contains incorrect information (except for the cases where the certificate is lost).

4. Within 02 working days from the receipt of the satisfactory application, the competent authority shall check information, appraise application and:

a) certify information provided in the catch certificate is fully declared and corresponds to the information about the fishing vessel, fishing license and catch statement for raw material; provide confirmation on section C of the catch statement for raw material in case the raw material has not yet been used up, return 01 application to the applicant (including the original of the catch statement for raw material in case the raw material has not yet been used up) and retain a copy of the application at the competent authority;

b) not certify information provided in the catch certificate if it fails to correspond to the information about the fishing vessel, fishing license and catch statement for raw material. In case of rejection of the application, the competent authority shall respond and provide explanation in writing.

5. The number of the reissued certificate must be that of the original of the catch certificate and an “R” letter shall be added after the certificate number. The issuing authority shall notify the re-issuance of the catch certificate to relevant competent authorities.

6. Applicants shall pay application fees and charges as prescribed.

Article 12. Validation of statements of export fishery products processed from imported catches or catch statements for raw materials by ICCAT’s regulations 

1. Any organization or individual that wishes to apply for validation of statement of export fishery products processed from imported catches or catch statement for raw material by ICCAT’s regulations shall submit an application and receive results of administrative procedures and procedures for issuance of food safety certificate for the shipment of exported fishery products under the Circular No. 48/2013/TT-BNNPTNT dated November 12, 2013 of the Minister of Agriculture and Rural Development. An application for validation of the statement of export fishery products processed from imported catches or catch statement for raw material by ICCAT’s regulations includes:

a) An original or copy of the catch certificate issued by the competent authority of the flag country;

b) A completely filled out statement of export fishery products processed from imported catches or catch statement for raw material by ICCAT’s regulations prepared using the Form No. 03 or No. 04 in the Appendix III hereof or another equivalent document requested by the competent authority of the importing country or the regional fisheries management organization.

2. The competent authority specified in Clause 3 Article 9 of this Circular shall inspect or validate the statement of export fishery products processed from imported catches or catch statement for raw material by ICCAT’s regulations. To be specific:

a) Compare information about the aquatic resource catching vessel and other information (flag country, weight and types of fishery products) provided in the catch certificate issued by the competent authority of the exporting authority to the shipment of raw materials imported into Vietnam with the following information:

IUU vessel list of the competent authority of the exporting country or the regional fisheries management organization recognized by the competent authority of the importing country;

List of fishing vessels registered and licensed for fishing (including information about aquatic species, catch areas and season) of the regional fisheries management organization recognized by the competent authority of the importing country (for the flag country that is a member of this organization);

b) Compare weight and types of raw materials imported to be processed for export with information about the shipment subject to quarantine inspection and certification by the veterinary agency upon import into Vietnam;

c) Compare weight and types of raw materials imported to be processed for export with the statistical document about the statement of export fishery products processed from imported catches and documents about the monitoring carried out during the inspection and certification of food safety of shipment of exported fishery products processed from catches;

d) Compare other regulations of the competent authority of the importing country, statement of export fishery products processed from imported catches or catch statement for raw material by ICCAT’s regulations or other equivalent document requested by the regional fisheries management organization.

3. Within 02 working days from the end of the inspection, the competent authority shall validate the statement of export fishery products processed from imported catches or catch statement for raw material by ICCAT’s regulations if the shipment complies with regulations specified in Clause 2 of this Article. In case of rejection of the application, the competent authority shall respond and provide explanation in writing.

Article 13. Inspection of validation of catch statements for raw materials and catch certificates

1. Inspecting authorities are the Directorate of Fisheries and the National Agro - Forestry - Fisheries Quality Assurance Department.

2. Inspected entities: provincial fishery authorities, designated fishing port management organizations having sufficient systems for statement of fishery products processed from catches; fishery product processing and exporting establishments that validate catch statements for raw materials and catch certificates.

3. Inspection contents:

a) Inspect procedures and applications for validation of catch statements for raw materials and catch certificates;

b) Inspect procedures and applications for inspection of fishing vessels entering and leaving ports and monitor the production of fishery products handled at fishing ports.

4. Processing of inspection results: In case any violation is found, the inspecting authority shall, depending on the degree of violation, take actions or request a competent authority to take actions against such violation, request the Ministry of Agriculture and Rural Development for removal from the list of designated fishing vessels with respect to the fishing vessel management organizations that fail to comply with regulations on statement of raw materials processed from catches, thereby resulting in the return of shipments or violate procedures for inspecting validation of catch statements for raw materials and catch certificates.