The Issue of a Certificate of Eligibility for Establishments Is Not Required for Establishments That Cultivate Aquatic Products for Use as Fresh Food (29-11-2021)

That is one of the new additions to the Draft Decree revising and supplementing several sections of the Government's Decree No. 26/2019/ND-CP dated March 8, 2019. The Ministry of Agriculture and Rural Development has submitted a number of articles and measures to implement the Fisheries Law to ministries, branches, localities, and relevant organizations and individuals for their opinion.
The Issue of a Certificate of Eligibility for Establishments Is Not Required for Establishments That Cultivate Aquatic Products for Use as Fresh Food

After more than two years of application and implementation of the Government's Decree No. 26, which details a number of articles and measures to implement the Fisheries Law, suspicious results in management control in all areas of the industry have emerged. Aquaculture products, aquatic breed management; fisheries; manage fishing vessels, fishing ports, and anchoring areas to prevent storms; conservation and development of aquatic resources; Fisheries Control; Illegal, unreported, and unregulated (IUU) fishing. However, after more than two years of implementation, a number of issues must be considered, reviewed, and adjusted to ensure feasibility, as well as continue to reduce and simplify in the spirit of administrative reform, in accordance with a number of newly promulgated laws, and implement the Fisheries Development Strategy to 2030, with a vision to 2045.

In accordance with Article 21: regulations on granting, re-granting, and cancelling the certificate of eligibility for aquatic breeds production and rearing, inspection and maintenance of basic conditions. The draft decree is to change Clause 7 of Article 21 and add Clause 8,9, with the following particular contents:

When detecting that the establishment violates one of the cases specified in Clause 4, Article 25 of the Fisheries Law, the competent agency shall handle the violation and issue a decision to revoke the Certificate of eligibility for production and rearing aquatic breeds and them in accordance with regulations.

When participating in one, several, or the entire process of aquatic breed production and rearing, announced by another establishment of suitable standards with respective national technical regulations: (a) Aquatic breeds must be produced and reared in accordance with the Certificate's requirements. Nursing must notify the agency that issues the Certificate for supervision and management in writing prior to production; (b) To fulfill the requirements set out in Clause 2, Article 26 of the Fisheries Law, points b, c, d, e, g, and h. During the production and rearing process, take notes and retain records, and provide a copy to the aquatic breeder's establishment, announcing the applicable standards and announcing compliance with the relevant national technical rules to maintain for the sake of traceability.

Establishments having aquatic breeds that have announced applicable standards and announced their conformity with respective national technical regulations when producing and rearing them at other establishments that have the Certificate of eligibility for establishments must comply with the following obligations: services as prescribed at Points a, d, g, Clause 2, Article 26 of the Law on Fisheries and keep records in the process of production and rearing”.

In addition, small production enterprises that initially produce are not subject to the issue of certificates of eligibility for the production of feeds and products for aquaculture environmental treatment in order to carry out administrative reform: this time, Clause 4, Article 27 of the draft Decree revising and augmenting has been added:

Establishments that are not required to issue a Certificate of eligibility to produce aquatic feed include: Establishments that cultivate aquatic items for use as live feed (with the exception of those that produce microalgae for use as aquatic feed); Aquatic feed ingredients that are products and by-products of the production of agricultural, forestry, and aquatic products that meet food safety requirements (planting, breeding, aquaculture establishments and preliminary processing and processing of agricultural, forestry and aquatic products).

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