Laws of Vietnam

THE MINISTER OF AQUATIC RESOURCES

DECIDES:

Article 1.- To issue together with this Decision the provisional Regulation on the announcement of quality standards of specialized aquatic goods.

Article 2.- Organizations and individuals that produce and/or trade in specialized aquatic goods shall have to announce quality standards according to this Regulation.

Article 3.- This Decision takes effect 15 days after its signing.

Article 4.- The Director of the Department for Protection of Aquatic Resources shall have to organize and guide the implementation of this Decision. The Director of the Department for Organization, Personnel and Labor, the Director of the Department of Science and Technology and Chief Inspector of the Ministry shall have to inspect the observance of the contents of the Provisional Regulation on the announcement of quality standards of specialized aquatic goods.

For the Minister of Aquatic Resources
Vice Minister
NGUYEN THI HONG MINH

(Issued together with Decision No. 425/2001/QD-BTS of May 25, 2001 of the Minister of Aquatic Resources)

Chapter I

GENERAL PROVISIONS

Article 1.- This Regulation prescribes the contents of and procedures for the announcement of quality standards of specialized aquatic goods (hereinafter abbreviated to SAG).

Article 2.- Organizations and individuals (hereinafter called establishments for short) that produce and/or trade in SAG (including establishments operating under the Law on Foreign Investment in Vietnam) shall have to announce the SAG quality standards according to Articles 10 and 20 of the Ordinance on Goods Quality.

Article 3.- This Regulation shall apply to assorted SAG, which are either produced at home or imported for use in Vietnam, including:

1. Aquatic animals and plants for breeding (including parent breeds).

2. Industrially-processed feeds for aquaculture.

3. Drugs, chemicals and bio-preparations for use in aquaculture.

4. Fishing nets and facilities, as well as equipment in service of the exploitation of aquatic resources.

Article 4.- The announcement of SAG quality standards shall be uniformly demonstrated in the SAG quality standard announcement.

In cases where a company has many agents or branches, which produce and/or trade in goods of one kind (with the same appellation and quality level), this company shall have to announce the quality standards in the locality where it is headquartered, then, send such quality standard announcement to each of its production and/or business establishments for the latter to report local management agency thereon. The competent management agencies of the localities where the company’s establishments are located shall effect the management thereof according to that quality standards announcement.

Article 5.- The agencies receiving and recognizing the SAG quality standard announcement are the Department for Protection of Aquatic Resources and its local sub-departments.

The Department for Protection of Aquatic Resources shall have to receive and recognize the SAG quality standard announcement for establishments in the localities where its sub-departments are not yet available.

The provincial/municipal Sub-Departments for Protection of Aquatic Resources shall have to receive and recognize the SAG quality standard announcement for establishments headquartered in their respective localities.

Article 6.- The goods quality standards allowed to be announced include:

- Vietnam’s standards, branch’s standards, international or regional standards and foreign standards accepted by the establishments for application to their goods.

- Self-made standards of establishments.

The contents of the to-be-announced standards must not be contrary to the regulations issued by competent State agencies for application throughout the country.

Chapter II

CONTENTS OF AND PROCEDURES FOR ANNOUNCEMENT

Article 7.- The dossiers for the announcement of SAG quality standards include (two sets):

The establishments shall send dossiers for the announcement of SAG quality standards to the receiving and recognizing agencies, including:

1. The goods quality standard announcement;

2. The goods quality standards to be announced (establishments’ standards, foreign standards) enclosed with the issuance decisions;

3. Enclosed goods labels;

4. Copy of the records on testing or experiment results (for goods which require testing or experimental research before being circulated).

Article 8.- Reception and handling of dossiers

1. When receiving the dossiers for the announcement of SAG quality standards, the receiving agencies prescribed in Article 5 shall have to inspect the standards’ compatibility with the State’s regulations, and guide the establishments to supplement deficient parts.

2. Within 7 days as from the date of receiving valid dossiers, the receiving agencies shall have to reply the establishments, seal on the SAG quality standard announcements, and return a dossier set to the establishments.

Article 9.- Provisions on the numbering of the SAG quality standard announcement

The number of the SAG quality standard announcement is consisted of 2 groups (counting from left to right), which are separated from each other by a hyphen (-):

- The first group: Including two letters "TS" (the conventional code of the Ministry of Aquatic Resources) and the province’s name abbreviated in letters.

- The second group: The ordinal number of the goods to be announced (including 4 digits and 1 letter representing the commodity group) and the last two digits representing the year of announcement, which are separated from each other by a slash (/).

- Goods being aquatic breeds shall be coded as G; feeds for aquaculture, T; chemicals, drug and bio-preparations for aquaculture, H; and fishing nets and facilities, N.

For example:

- TS-0001/01 is the number of the first SAG quality standard announcement, granted to goods belonging to the commodity group of feeds for aquaculture by the Department for Protection of Aquatic Resources in 2001.

Chapter III

RESPONSIBILITIES TO EFFECT THE QUALITY STANDARD ANNOUNCEMENT

Article 10.- Responsibilities of the establishments announcing goods quality standards

1. To ensure that their goods reach the quality standards already announced; inspect the goods quality and bear responsibility for the announced quality of the goods they produce and/or trade in.

2. When there are any changes in goods quality or goods labels as compared with the previous announcement, the establishments shall have to compile dossiers for re-announcement according to the provisions in Article 8.

Article 11.- Responsibilities of the agencies receiving the goods quality standard announcement:

1 To organize, guide and receive the dossiers of announcement of SAG quality standards according to responsibility assignment prescribed in Article 5.

2. Within the scope of their responsibility, to coordinate with the concerned agencies in conducting regular or irregular inspections and examinations of, and promptly handle, if detecting signs of or receiving complaints or denunciations about violations on the announcement of SAG quality standards according to current law provisions.

3. Quarterly, the Sub-Departments for Protection of Aquatic Resources shall send reports on announcement of SAG quality standards, as well as on the quality of SAG with announced quality standards and other related matters to the Department for Protection of Aquatic Resources.

4. Quarterly and annually, the Department for Protection of Aquatic Resources shall send reports thereon to the Ministry of Aquatic Resources and the Ministry of Science, Technology and Environment.

Chapter IV

HANDLING OF VIOLATIONS

Article 12.- Establishments that produce and/or trade in SAG, if violating the provisions of this Regulation, shall be handled according to law.

Article 13.- Individuals working for the receiving agencies, if committing acts of breaching the provisions of this Regulation, shall, depending on the nature and seriousness of their violations, be handled according to the provisions of law.

Chapter V

IMPLEMENTATION PROVISIONS

Article 14.- All previous provisions, which are contrary to this Regulation, are hereby annulled. The amendments and supplements to the contents of this Regulation shall be considered and decided in writing by the Minister of Aquatic Resources.-