Chương V: Thông tư 21/2018/TT-BNNPTNT Trách nhiệm và quyền hạn của tổ chức, cá nhân

Chapter V

RESPONSIBILITIES AND RIGHTS OF ORGANIZATIONS AND INDIVIDUALS

Article 14. Directorate of Fisheries

1. Organize the implementation of this Circular.

2. Provide training for organizations and individuals related to preparation and submission of fishing reports and logbook, validation of catch statements for raw materials and catch certificates.

3. Organize the inspection of validation of catch statements for raw materials and catch certificates by relevant organizations and individuals.

4. Take charge of resolving difficulties in validation of catch statements for raw materials and catch certificates; cooperate with relevant authorities in exchanging information and handling issues concerning validation of statements of export fishery products processed from imported catches or catch statements for raw materials by ICCAT’s regulations.

5. Publish the list of Vietnamese fishing vessel engaged in IUU fishing activities and list of designated fishing ports having sufficient systems for statement of fishery products processed from catches on the website of the Directorate of Fisheries.

6. Submitting consolidated reports on validation of catch statements for raw materials and catch certificates to the Ministry of Agriculture and Rural Development.

Article 15. National Agro - Forestry - Fisheries Quality Assurance Department.

1. Direct, organize and carry out periodic inspection and monitoring of activities related to validation of statements of export fishery products processed from imported catches or catch statements for raw materials by ICCAT’s regulations.

2. Perform unified management of professional operations; provide training for personnel in charge of validation of statements of export fishery products processed from imported catches or catch statements for raw materials by ICCAT’s regulations.

3. Take charge of negotiating with foreign competent authorities about exchanging information and resolving difficulties in validation of statements of export fishery products processed from imported catches or catch statements for raw materials by ICCAT’s regulations.

4. Submit quarterly reports on validation of statements of export fishery products processed from imported catches or catch statements for raw materials by ICCAT’s regulations to the Directorate of Fisheries, which will submit a consolidated report to the Ministry of Agriculture and Rural Development.

5. Direct National Agro-Forestry-Fisheries Quality Assurance Department Branches to:

a) validate statements of export fishery products processed from imported catches or catch statements for raw materials by ICCAT’s regulations as prescribed in Article 12 of this Circular;

b) instruct owners of imports to follow procedures and address issues concerning validation of statements of export fishery products processed from imported catches or catch statements for raw materials by ICCAT’s regulations as prescribed in this Circular;

c) retain documents about validation of statements of export fishery products processed from imported catches or catch statements for raw materials by ICCAT’s regulations within 36 months from the date of validation.

Article 16. Departments of Agriculture and Rural Development of provinces and central-affiliated cities

1. Direct, disseminate, provide guidelines and inspect the implementation of this Circular within their provinces.

2. Organize the inspection and control of fishing vessels engaged in IUU fishing activities at fishing ports within their provinces.

3. Provide counseling to People’s Committee of provinces about provision of funding and human resources, and fulfillment of conditions for inspection of fishing vessels at fishing ports, and validation of catch statements for raw materials and catch certificates by competent authorities.

4. On a quarterly basis, review and compile a list of designated fishing ports having sufficient systems for statement of fishery products processed from catches to the Directorate of Fisheries, which will submit it to the Ministry of Agriculture and Rural Development.

5. Update and report changes to organizational structure and personnel specified in Clauses 1 and 2 Article 9 of this Circular (specimens of seals and signatures) to the Directorate of Fisheries, which will notify competent foreign authorities.

6. Instruct owners of imports, vessel owners and masters to follow procedures and address issues concerning validation of catch statements for raw materials and catch certificates as prescribed.

7. Request masters and vessel owners or representatives of vessel owners and owners of imports to provide relevant information to serve the inspection and validation of catch statements for raw materials and catch certificates as prescribed.

8. Update data from fishing logbooks and reports to the national fisheries database.

9. Cooperate with the Directorate of Fisheries in receiving, processing and verifying information relating to validation of catch statements for raw materials and catch certificates at the request of the foreign competent authority.

10. Review and submit consolidated lists of fishing vessels to be included in or removed from the IUU vessel list to the Directorate of Fisheries as prescribed in Clause 3 Article 8 of this Circular.

11. Submit consolidated reports on fishing activities obtained from fishing logbooks and reports, validation of catch statements for raw materials and catch certificates, and fishing vessels engaged in IUU fishing activities to the Directorate of Fisheries by the 20th of every month or upon request.

12. Submit reports on validation of catch certificates according to the Form No. 01 in the Appendix VII hereof; retain documents about validation of catch certificates within 36 months from the date of validation.

Article 17. Fishing port management organizations

1. Update and report seals and signatures of competent persons validating catch statements for raw materials to the Directorate of Fisheries so that they are posted on the website of the Directorate of Fisheries.

2. Provide training or assign personnel to attend training courses on validation of catch statements for raw materials.

3. Ensure food safety at fishing ports.

4. Refuse handling of fishery products by fishing vessels that appear on the IUU vessel list and notify the competent authority thereof; refuse to validate catch statements for raw materials if the applicant for validation fails to sufficiently and accurately provide information as prescribed.

5. On a daily basis, record and update production and components of aquatic species handled at ports according to the Form No. 02 in the Appendix VII hereof; update data on monitoring of production of fishery products handled at ports to the national fisheries database before the 15^th of every month.

Access the national database of fishing vessels licensed for fishing and fishing vessel monitoring database in order to validate catch statements for raw materials.

6. Be subject to inspection by competent authorities in terms of validation of catch statements for raw materials, cooperate with competent authorities in inspection of fishing vessels at fishing ports.

7. Issue specimens of fishing logbooks and reports to fishing vessel owners; collect fishing logbooks and reports; compile a list of fishing vessels that have submitted fishing logbooks and reports and submit it to the provincial fishery authority before the 20^th of every month.

8. Before the 20^th of every month, submit a report on result of validation of catch statements for raw materials using the Form No. 03 in the Appendix VII hereof to the Department of Agriculture and Rural Development; retain documents about validation of catch statements for raw materials within 36 months from the date of validation.

Article 18. Masters and owners of fishing vessels

1. Print, prepare and submit fishing logbooks and reports as prescribed; accurately and sufficiently provide information written on the catch statement for raw material and catch certificate to the shipment owner; append signature and take responsibility for the information provided.

2. Notify the fishing port management organization before the vessel enters or leaves the port; provide information about the vessel, request for services and expected production of fishery products handled at the port.

3. Perform fishing activities as prescribed by law.

4. Be subject to inspection at the request of competent authorities.

Article 19. Applicants for validation of catch statements for raw materials and catch certificates

1. Accurately and sufficiently provide information written on the catch statement for raw material, catch certificate and statement of export fishery products processed from imported catches; append signature and take responsibility for the information provided.

2. Retain documents about validation of catch statements for raw materials and catch certificates within 36 months from the date of validation.

3. Cooperate with competent authorities in providing information and resolving difficulties with each shipment at the request of the competent authority of the importing country.