Quyết định 70/2008/QD-BNN

DECISION

PROMULGATING THE REGULATION ON MANAGEMENT OF TRA CATFISH REARING ZONES AND ESTABLISHMENTS

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Government's Decree No. 01/2008/ND-CP of January- 3, 2008. defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Government's Decree So. 59/2005/ND-CP of May 4, 2005, on conditions on a number of aquatic product production and business lines;
Pursuant to the Prime Minister's Decision No. 224/1999/QD-TTg of December 8. 1999 approving the aquaculture development program in the 1999-2010 period:
At the proposal of the Director of the Aquaculture Department.

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on management of tra catfish rearing zones and establishments.

Article 2.- This Decision takes effect if days after its publication in "CONG BAO.

Article3.- Heads of Departments. Bureaus, the Inspectorate and the Office of the Ministry, directors of provincial/municipal Fisheries, and Agriculture and Rural Development Services, and heads of units attached to the Ministry of Agriculture and Rural Development shall implement this Decision.

REGULATION

ON TRA CATFISH REARING ZONES AND ESTABLISHMENTS
(Promulgated together with the Agriculture and Rural Development Minister's Decision No. 70/2008/QD-BNN of June 5, 2008)

Chapter I

GENERAL PROVISIONS

Article 1.- Objectives

This Regulation provides for the management of tra cattish rearing zones and establishments to ensure sustainable development of tra catfish rearing.

Article 2.- Subjects and scope of application

This Regulation applies to Vietnamese and foreign organizations and individuals rearing tra catfish (Pangasianodon hypophthalmus Sauvage, 18788) in the Vietnamese territory and concerned management agencies nationwide.

Article 3.- Interpretation of terms

In this Regulator., the terms below are construed as follows:

1. Super intensive rearing of tra catfish means rearing tra catfish with a density of 30 big breeder fish/m2 or 40 small breeder fish/m2- (big breeder fish means a fish with a body height of 2.5-3 cm. with 10-12 fish weighing 1 kg; small breeder fish means a fish with a body height of 1.5-2 cm. with 60-70 fish weighing 1 kg. as defined by branch standards No. 28 TCN 170:2001). in a proper technological process to reach a productivity of 300 tons/ha/crop.

2. Intensive rearing of tra catfish means rearing tra catfish with a density of 15-20 big breeder fish/m2 or 20-30 small breeder fish/m2 in a proper technological process to reach a productivity of 150-200 tons/ha/crop.

3. Tra catfish rearing establishment means a facility owned by an organization or individual where tra catfish is reared.

4. Tra catfish rearing zone means an area used for tra catfish rearing which accommodates two or more tra catfish rearing establishments using a common water supply source and wastewater drainage system.

5. GAP (Good Aquaculture Practices) is applied to tra catfish rearing.

6. BMP (Better Management Practice) is applied to tra catfish rearing.

7. CoC (Code of Conduct for Responsible Aquaculture) is applied to tra catfish rearing.

(GAP. BMP and CoC are formulated based on the principles specified in Article 9 - Aquaculture development of the Code of Conduct for Responsible Fisheries of FAO, 1995).

8. Safe tra catfish rearing means a rearing process in which proper technical methods are applied in order to ensure food safety for products. epidemic safen for reared fish, environmental safety and economic efficiency for raises.

9. Safe tra catfish rearing establishment means a tra catfish rearing establishment which fully satisfies conditions prescribed in this Regulation and is granted a certificate of safe tra catfish rearing establishment; or an establishment which applies one of international standard sets such as GAP. BMP and CoC or other standards on safe aquaculture and is granted a certificate of qualification by the relevant standard promulgating body.

10. Safe tra catfish rearing zone means a tra catfish rearing zone which has 100% of tra catfish rearing establishments fully satisfying conditions prescribed in this Regulation or applying one of international standard sets such as GAP. BMP and CoC or other standards on safe aquaculture. at least 80% of which obtain a relevant certificate of qualification.

Chapter II

MANAGEMENT OF TRA CATFISH REARING ZONES AND ESTABLISHMENTS

Article 4.- Conditions on tra catfish rearing

1. The location of a tra catfish rearing establishment must be in an area planned for tra catfish rearing already approved by a competent authority.

2. A tra catfish rearing establishment must use breeder fish meeting quality requirements set in branch standard 28 TCN 170:2001 and only use breeder fish which have a clear origin and receive quarantine certification and quality examination.

3. A tra catfish rearing establishment must use industrial feeds meeting branch standard 28 TCN 188:2004 or self-made feeds meeting branch standard No. 28 TCN 176:2002 on quality and hygienic safety.

4. Wastewater discharged from tra catfish rearing ponds must be treated to meet Vietnam standards TCVN 6774:2000 and TCVN 5942-1995 on wastewater quality.

5. Solid wastes must be collected and treated according to Clause 3. Article 7 of the Government's Decree No. 33/2005/ND-CP of March 15,2005. detailing the implementation of a number of articles of the Ordinance on Animal Health. To encourage the treatment and reuse of solid wastes from tra catfish rearing for agricultural production.

6. Not to treat the environment with chemicals and biological preparations outside the list of permitted substances.

7. A tra catfish rearing establishment owner must make a written commitment on environmental protection and observe this commitment.

Article 5.- Epidemic prevention in tra catfish rearing zones and establishments

1. The epidemic prevention for reared fish complies with Clause 2. Article 7 of the Government's Decree No. 33/2005/ND-CP of March 15,2005. detailing the implementation of a number of articles of the Ordinance on Animal Health.

2. Not to prevent or treat fish diseases with drugs and chemicals on the list of chemicals and antibiotics banned from or restricted for use in aquatic product production and business.

Article 6.- Promotion of safe tra catfish rearing

1. To encourage the building of tra catfish rearing establishments using advanced rearing technologies ana management models ( such as GAP. BMP. CoC or other standards) suitable to local conditions to ensure sustainable aquaculture development.

2. A tra catfish rearing establishment owner may:

a/ Request a provincial-level aquaculture management agency to include his/her establishment onto the list of safe tra catfish rearing establishments.

b/ Advertise his/her safe tra catfish rearing establishment on the mass media.

c/ Enjoy other rights according to law.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 7.- Responsibilities of the Aquaculture Department:

1. To organize, examine and supervise the implementation of this Regulation nationwide.

2. To urge provincial-level aquaculture state management agencies in implementing this Regulation.

3. To direct the research into advanced technologies of breeder production and commercial rearing to ensure safe and sustainable development of tra catfish rearing.

Article 8.- Responsibilities of provincial-level aquaculture state management agencies

1. To organize the implementation of this Regulation in provincial-level territories.

2. To coordinate with the Center for Aquatic Environment and Disease Observation and Warning in organizing the observation and warning of aquatic environment and diseases for tra catfish rearing zones.

3. To annually make and announce lists of safe tra catfish rearing establishments: super intensive tra catfish rearing zones ana establishments: and intensive tra catfish rearing establishments in provincial-level territories to serve as the basis for macro management and tracking down product origins.

4. To review the local tra catfish rearing situation and make reports to the Aquaculture Department on an annual or extraordinary (at request) basis.

Chapter IV

COMMENDATION, HANDLING OF VIOLATIONS. COMPLAINTS AND DENUNCIATIONS

Article 9.- Commendation

Organizations and individuals gaining achievements in implementing this Regulation may be commended according to law.

Article 10.- Handling of violations

Organizations and individuals violating this Regulation shall be handled according to Section C, Chapter II of the Government's Decree No. 128/ 2005/ND-CP of October 11,2005. providing for the sanctioning of administrative violations in the fisheries domain and the Government's Decree No. 34/2005/ND-CP-of March 17, 2005. on the sanctioning of administrative violations in the water resources domain.

Article 11.- Complaints and denunciations

1. Organizations and individuals may lodge complaints on. individuals may denounce, an organization's or individual's acts of violating this Regulations to a competent organization or individual.

2. When receiving a complaint or denunciation, a competent organization or individual shall promptly handle it according to the law on complaints and denunciations.

Chapter V

IMPLEMENTATION PROVISIONS

Article 12.- Amendment of and supplementation to the Regulation

1. When branch standards and other documents related to the implementation of this Regulation are amended, supplemented or replaced, those new documents prevail.

2. In the course of implementing this Regulation, any inappropriate content to be modified or supplemented should be promptly reported to the Aquaculture Department for sum-up and submission to the Minister of Agriculture and Rural Development for study and decision.