Chapter V
IMPLEMENTATION ORGANIZATION
Article 15. Responsibilities of entities concerned
1. Directorate of Fisheries:
a) Carry out the State management of aquatic breeds, aquatic feeds and aqua environmental remediation products nationwide. Provide professional and specialized directions and instructions related to the management of aquatic breeds, aquatic feeds and aqua environmental remediation products;
b) Conduct the inspection and audit of aquatic breeds, aquatic feeds and aqua environmental remediation products on a nationwide scale; carry out the inspection of responsibilities of provincial-level fishery regulatory authorities in charge of aquatic breeds, aquatic feeds and aqua environmental remediation products;
c) Provide organizations and individuals with the specialized training in inspection of conditions of facilities, collection of samples of aquatic breeds, aquatic feeds and aqua environmental remediation products; training, education and instructions related to conditions of manufacturing and management of quality of aquatic breeds, aquatic feeds and aqua environmental remediation products;
d) Review and revise information and submit updated information to the Ministry of Agriculture and Rural Development for its decision on promulgation of the followings: The list of chemicals, biologicals and microorganisms prohibited for use in the formulation of aquatic feeds and aqua environmental remediation products; the list of chemicals, biologicals, microorganisms and ingredients contained in aquatic feeds permitted for use in Vietnam;
dd) Receive and grant codes referred to in Article 13 herein and, simultaneously, post information about aquatic feeds and aqua environmental remediation products sent by manufacturing and importing facilities on the electronic information portal of the Directorate of Fisheries before authorizing these products for marketing in case the national fishery data system has not been established yet.
2. Provincial-level fishery regulatory authorities:
a) Exercise the state management of aquatic breeds, aquatic feeds and aqua environmental remediation products within their remit; carry out the inspection and audit of aquatic breeds, aquatic feeds and aqua environmental remediation products within their remit;
b) Provide training and education of legislative regulations on aquatic breeds, aquatic feeds and aqua environmental remediation within their remit;
c) Perform other tasks relating to the management of aquatic breeds, aquatic feeds and aqua environmental remediation products within their remit if these tasks are assigned by Directorate of Fisheries.
3. Aquatic feed and aqua environmental remediation product manufacturing and importing facilities:
a) Update information about aquatic feeds and aqua environmental remediation products before free sale on the market in accordance with regulations in force;
b) Make and submit periodic review reports on manufacturing and import of aquatic feeds and aqua environmental remediation products for the first 6 months of the reporting year prior to June 20 every year and annual reports prior to December 20 each year according to the sample reports given in the Appendix VI hereto.
4. Aquatic breeding and cultivation facilities:
a) Make and submit periodic review reports on breeding, cultivation and nursery of aquatic breeds for the first 6 months of the reporting year prior to June 20 every year and annual reports prior to December 20 each year according to the sample reports given in the Appendix VII hereto;
b) Send written notifications of use of parent aquatic breeds to provincial-level fishery regulatory authorities to request their management and oversight of their useful life.
Article 16. Implementary provisions
1. This Circular shall take effect from January 1, 2019.
2. This Circular shall replace the following documents:
a) Decision No. 10/2007/QD-BTS dated July 31, 2007 of the Minister of Fishery that issues the list of aquatic veterinary medicines and aqua environmental remediation products permitted for free sale in Vietnam;
b) Decision No. 06/2008/QD-BNN dated January 18, 2008 of the Minister of Agriculture and Rural Development on amendments and supplements to the list of aquatic veterinary medicines and aqua environmental remediation products permitted for free sale in Vietnam;
c) Decision No. 108/2008/QD-BNN dated November 6, 2008 of the Minister of Agriculture and Rural Development that introduces the supplementary list of aqua environmental remediation products permitted for free sale in Vietnam;
d) Decision No. 123/2008/QD-BNN dated December 29, 2008 of the Minister of Agriculture and Rural Development that introduces the list of mixed aquatic feeds permitted for free sale in Vietnam;
dd) Circular No. 57/2009/TT-BNNPTNT dated September 8, 2009 of the Minister of Agriculture and Rural Development that introduces the supplementary list of aqua environmental remediation products permitted for free sale in Vietnam;
e) Circular No. 67/2009/TT-BNNPTNT dated October 23, 2009 of the Minister of Agriculture and Rural Development that introduces the list of mixed animal feeds permitted for free sale in Vietnam;
g) Circular No. 71/2009/TT-BNNPTNT dated November 10, 2009 of the Minister of Agriculture and Rural Development that introduces the supplementary list of aqua environmental remediation products permitted for free sale in Vietnam;
h) Circular No. 74/2009/TT-BNNPTNT dated November 20, 2009 of the Minister of Agriculture and Rural Development that introduces the supplementary list of mixed animal feeds permitted for free sale in Vietnam;
i) Circular No. 12/2010/TT-BNNPTNT dated March 11, 2010 of the Minister of Agriculture and Rural Development that introduces the supplementary list of aqua environmental remediation products permitted for free sale in Vietnam;
k) Circular No. 13/2010/TT-BNNPTNT dated March 12, 2010 of the Minister of Agriculture and Rural Development that introduces the supplementary list of mixed animal feeds permitted for free sale in Vietnam;
l) Circular No. 64/2010/TT-BNNPTNT dated November 4, 2010 of the Minister of Agriculture and Rural Development on removal of products containing trifluralin from the list of aqua environmental remediation products permitted for free sale in Vietnam;
m) Circular No. 62/2011/TT-BNNPTNT dated September 14, 2011 of the Minister of Agriculture and Rural Development that introduces the revised and updated list of aquatic feeds permitted for free sale in Vietnam;
n) Circular No. 65/2011/TT-BNNPTNT dated October 5, 2011 of the Minister of Agriculture and Rural Development that introduces the supplementary list of aqua environmental remediation products permitted for free sale in Vietnam;
o) Circular No. 04/2012/TT-BNNPTNT dated January 16, 2012 of the Minister of Agriculture and Rural Development on removal of products containing Cypermethrin and Deltamethrin from the list of aqua environmental remediation products and aquatic veterinary medicines permitted for free sale in Vietnam;
p) Circular No. 36/2012/TT-BNNPTNT dated July 30, 2012 of the Minister of Agriculture and Rural Development that introduces the revised and updated list of aquatic feed products permitted for free sale in Vietnam;
q) Circular No. 37/2012/TT-BNNPTNT dated July 30, 2012 of the Minister of Agriculture and Rural Development that introduces the revised and updated list of aqua environmental remediation products permitted for free sale in Vietnam;
r) Circular No. 26/2013/TT-BNNPTNT dated May 22, 2013 of the Minister of Agriculture and Rural Development on management of aquatic breeds;
s) Circular No. 08/2013/TT-BNNPTNT dated January 31, 2013 of the Minister of Agriculture and Rural Development that introduces the revised and updated list of aquatic feed products permitted for free sale in Vietnam;
t) Circular No. 09/2013/TT-BNNPTNT dated January 31, 2013 of the Minister of Agriculture and Rural Development that introduces the revised and updated list of aqua environmental remediation products permitted for free sale in Vietnam;
u) Circular No. 39/2013/TT-BNNPTNT dated August 12, 2013 of the Minister of Agriculture and Rural Development that introduces the revised and updated list of aquatic feeds and aqua environmental remediation products permitted for free sale in Vietnam;
ư) Circular No. 11/2014/TT-BNNPTNT dated April 1, 2014 of the Minister of Agriculture and Rural Development that amends and revises the Appendix 4 to the Circular No. 26/2013/TT-BNNPTNT dated May 22, 2013 of the Minister of Agriculture and Rural Development on management of aquatic breeds.
3. This Circular shall repeal the following regulations and documents:
a) Decision No. 176/QD-BTS dated March 1, 2006 of the Minister of Fishery that adopt certain temporary regulations on whiteleg shrimps;
b) Decision No. 456/QD-BNN-NTTS dated February 4, 2008 of the Minister of Agriculture and Rural Development prescribing requirements for breeding and culture of whiteleg shrimps;
c) Decision No. 1673/QD-BNN-TCTS dated July 22, 2013 of the Minister of Agriculture and Rural Development that adopts regulations on management of parent pangasius fish used for breed selection;
d) The words such as “Saponin” from tea seed powder and “Rotenon” respectively numbered 14 and 15 in the Appendix XLIV to the Circular No. 13/2016/TT-BNNPTNT dated June 2, 2016 of the Minister of Agriculture and Rural Development prescribing the management of veterinary medicines;
dd) Clause 6 of Article 3, Article 31 and Article 32 in the Circular No. 04/2015/TT-BNNPTNT dated February 12, 2015 of the Minister of Agriculture and Rural Development providing instructions on implementation of provisions of the Government’s Decree No. 187/2013/ND-CP dated November 20, 2013 elaborating on implementation of the Law on Commerce regarding international trades and intermediaries, purchase, sale, toll manufacturing and transit of agricultural, forestry and fishery goods across borders;
e) Regulations regarding the management of aquatic feeds in the Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture and Rural Development providing instructions on implementation of the Government’s Decree No. 39/2017/ND-CP dated April 4, 2017 on the management of animal and aquatic feeds.
Article 17. Transitional provisions
1. Aquatic feeds and aqua environmental remediation products that were endorsed for free sale prior to the entry into force of this Circular shall be allowed to continue to be manufactured and imported till January 1, 2020, authorized for free sale and used until their useful life expires.
2. Products containing Saponin extracted from tea seed powder and Rotenon that were authorized for free sale under the provisions of the Circular No. 13/2016/TT-BNNPTNT dated June 2, 2016 of the Minister of Agriculture and Rural Development prescribing the management of veterinary medicines prior to the entry into force of this Circular shall be allowed to continue to be manufactured and imported till the expiry date of the Certificate of free sale for veterinary medicines, and used until their useful life ends.
Article 18. Implementary responsibilities
1. If documents used as references herein are revised, amended or replaced, new versions thereof shall be applied.
2. In the course of implementation of this Circular, if there is any difficulty or problem likely to arise, organizations and individuals must report on time to the Directorate of Fisheries for its consolidation and preparation of a final report to the Ministry of Agriculture and Rural Development to request the grant of decision on appropriate amendments and supplements./.
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