Nghị định 14/2009/ND-CP

DECREE

ON AMENDMENT AND SUPPLEMENT OF A NUMBER OF ARTICLES OF THE DECREE NO.59/2005/ND-CP OF MAY 04, 2005 ON CONDITIONS FOR PRODUCTION AND DOING BUSINESS OF A NUMBER OF AQUATIC PRODUCT BUSINESS LINES

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Fisheries dated November 26, 2003;

Pursuant to the Law on State Enterprises dated November 26, 2003;

Pursuant to the Commercial Law dated 14 December 06 2005;

Pursuant to the Law on Enterprises dated November 29, 2005;

At the proposal of the Minister of Agriculture and Rural Development,

DECREE

Article 1.

To amend and supplement a number of Articles of the Decree No.59/2005/ND-CP dated May 04, 2005 of the Government on conditions for production and doing business of a number of aquatic product business lines (hereinafter referred to as the Decree No.59/2005/ND-CP) as follows:

1. Point a, Clause 1 of Article 5 is supplemented as follows:

"a. Having certificate of registration for fishing vessel or written certification of registration for fishing vessel under guidance of the Ministry of Agriculture and Rural Development ".

2. Point d, Clause 1 of Article 5 is amended and supplemented as follows:

"d. Shipmasters and chief engineers, for types of fishing vessels as defined by the Ministry of Agriculture and Rural Development, are required to have certificate, diplomas of shipmaster or chief engineer”.

3. Point b, Clause 1, Article 6 is amended and supplemented as follows:

"b. Copies of the following papers:

- Certificate of registration for fishing vessel or written certification of registration for fishing vessel under guidance of the Ministry of Agriculture and Rural Development;

- Certificate of fishing vessel technical safety for the fishing vessels as defined by the Ministry of Agriculture and Rural Development;

- Book of Crew Names for fishing vessels as defined by the Ministry of Agriculture and Rural Development;

- Diplomas or certificates of shipmaster, chief engineer for fishing vessels as defined by the Ministry of Agriculture and Rural Development. "

4. Point b, Clause 2, Article 6 is amended and supplemented as follows:

"b. Copies of certificates of fishing vessel technical safety."

5. Clause 3, Article 6 is amended as follows:

"3. Competent licensing agencies defined in Article 7 of the Decree No.59/2005/ND-CP shall review to grant licenses within seven (07) working days and to renew the license within (05) working days from the date of receiving complete and valid dossier. In case of refusal to grant or renew the license, there must be a written reply clearly stating the reason."

6. Article 6a is supplemented as follows:

"Article 6a. Procedures and order of license renewal

1. Organizations, individuals are renewed their licenses in the following cases:

a. Licenses are lost;

b. Licenses are torn or damaged.

2. Dossier requesting for renewing license includes:

a. An application for renewing the license in the form set by the Ministry of Agriculture and Rural Development;

b. A written certification of the competent authority (in case of loss of license, torn or damaged license).

3. The competent agency shall renew the license within five (05) working days from the date of receiving complete and valid dossier. In case of refusal to renew the license, there must be a writing reply, clearly stating the reasons there for.

5. The term of the renewed license is as the term of the license granted.

6. Organizations and individuals applying for license renewal shall pay fee as prescribed by the Ministry of Finance. "

7. Clause 3 of Article 7 is supplemented as follows:

"3. Competent licensing agency is the competent body for withdrawing, extending and renewing the license ".

8. Clause 4 of Article 9 is amended and supplemented as follows:

"4. Production facilities must have at least one technician who possesses an intermediate or higher degree in disciplines of aquatic product exploitation or engineering; Production facilities must have at least one technician who possesses a certificate of training disciplines of aquatic product exploitation or engineering".

9. Clause 5 of Article 10 is amended and supplemented as follows:

"5. Regarding levels of technical staffs:

a. Fishing shipbuilder, facilities converting fishing vessels with a total main -engine capacity of less than 50 horsepower must have at least one certified technician who has been trained on the  process, rules, technical standards for fishing shipbuilding and fishing ship-conversion;

b. Fishing shipbuilder, facilities converting fishing vessels with a total main-engine capacity of more than 50 horsepower must have at least one technician who has intermediate degree specialized in ship hull and at least one technician who has intermediate degree specialized in ship engine;

c. In the process of newly building, converting fishing vessels with total main-engine capacity of 250 horsepower or more, Fishing shipbuilder, facilities converting fishing vessels must have engineers specialized in ship hull and ship-engine for technical monitoring. "

10. To supplement points h, i into Clause 1 of Article 11 as follows:

"h. Having clear address, sign;

i. Ensuring quality standards of goods publicized; labeling goods in accordance with the law provisions."

11. Article 13 is supplemented Clause 5 as follows:

"5. Ensuring quality standards of goods publicized; labeling goods in accordance with the law provisions."

12. Clause 5 of Article 14 is amended as follows:

“Being allowed to trade only for types of aquatic-animal feed on the list of feed permitted for circulation in Vietnam, publicized quality standards, which meet aquatic veterinary sanitation standards; having goods labels in accordance with the law provisions.”

13. Article 16 is amended and supplemented as follows:

"Article 16. Preliminary treatment of aquatic products, trade of aquatic raw materials used for food processing.

Organizations or individuals doing preliminary treatment of aquatic products, trade of aquatic raw materials used for food processing must fully meet the following conditions:

1. Having business registration certificates of preliminary treatment of aquatic products, trade of aquatic raw materials issued by competent state management agencies.

2. Having stores with clear signs and addresses.

3. Workshops, storehouses, specialized means of collection and purchase, preservation and transportation of aquatic products must meet conditions for hygiene and food safety under the provisions of law.

4. Only being used types of food additives, chemicals in the list of those permitted for circulation in Vietnam, with the correct dosage, limit prescribed by law.

5. The facilities must meet requirements on environmental protection and veterinary hygiene in accordance with the law provisions.

6. Having at least one certified technician who has been trained in hygiene and food safety".

14. Name of the agency-"Ministry of Fisheries" in the Decree No.59/2005/ND-CP shall be replaced by "Ministry of Agriculture and Rural Development".

Article 2. Effect

This Decree takes effect from April 01, 2009.