To be issued with a Certificate of eligibility for aquaculture in Vietnam, what documents do organizations and individuals need to prepare?
- What are the conditions for organizations and individuals engaged in aquaculture in Vietnam?
- What is the application for issuance of the certificate of eligibility for aquaculture at the request of organizations and individuals?
- What are the procedures for issuance of the certificate of eligibility for aquaculture at the request of organizations and individuals?
- In what cases must the Certificate of eligibility for aquaculture in Vietnam be revoked?
- What are the obligations of organization and individuals engaged in aquaculture in Vietnam?
What are the conditions for organizations and individuals engaged in aquaculture in Vietnam?
Pursuant to Article 38 of the 2017 Law on Fisheries stipulating the conditions for organizations and individuals engaged in aquaculture in Vietnam as follows:
- An organization or individual engaged in aquaculture shall satisfy the following requirements:
+ Place of aquaculture shall comply with regulations on using land and marine aquaculture waters in accordance with regulations of law;
+ Facilities are conformable with aquatic species and raising methods;
+ Regulations of law on environment safety, veterinary medicines and occupational safety are complied;
+ Regulations of law on food safety are complied;
+ Cage culture and main aquatic species are registered.
- Organizations and individuals raising aquatic species for ornamental purposes, entertainment, fine arts and cosmetics shall comply with regulations in Points a, b, c and dd Clause 1 Article 38 of the 2017 Law on Fisheries in Vietnam.
- Organizations and individuals engaged in mariculture shall formulate mariculture projects and be licensed by competent authorities, except for the individuals prescribed in Point a Clause 2 Article 44 Article 38 of the 2017 Law on Fisheries in Vietnam.
To be issued with a Certificate of eligibility for aquaculture in Vietnam, what documents do organizations and individuals need to prepare? (Image from the Internet)
What is the application for issuance of the certificate of eligibility for aquaculture at the request of organizations and individuals?
Pursuant to Clause 2, Article 35 of Decree 26/2019/ND-CP, the application for issuance of the certificate of eligibility for aquaculture at the request of organizations and individuals includes:
- An application form made according to Form No. 23.NT Appendix III issued together with Decree 26/2019/ND-CP.
- Certificate of land use right or decision on transfer of marine aquaculture site or contract on leasing of land use right or marine aquaculture site for aquaculture purpose;
- A map of cage locations/Culture area map.
What are the procedures for issuance of the certificate of eligibility for aquaculture at the request of organizations and individuals?
Pursuant to the provisions of Clause 3, Article 35 of Decree 26/2019/ND-CP stipulating the procedures for issuance of the certificate of eligibility for aquaculture at the request of organizations and individuals as follows:
- The applicant shall submit an application to the fishery authority of the province;
- Within 10 working days from the receipt of the satisfactory application, the fishery authority of the province shall carry out a site inspection at the establishment according to the Form No. 24.NT in the Appendix III of Decree 26/2019/ND-CP. If the establishment satisfies all eligibility requirements, the fishery authority of the province shall issue the certificate according to the Form No. 25.NT in the Appendix III of Decree 26/2019/ND-CP.
In case of rejection of the application, a response and explanation shall be provided in writing.
In what cases must the Certificate of eligibility for aquaculture in Vietnam be revoked?
Pursuant to the provisions of Clause 5, Article 35 of Decree 26/2019/ND-CP, the cases in which the Certificate of eligibility for aquaculture must be revoked are as follows:
The certificate is revoked in one of the following cases:
- The certificate’s contents are erased or changed.
- The establishment no longer satisfies eligibility requirements specified in Clause 1 and 2 Article 38 of the 2017 Law on Fisheries in Vietnam.
- The establishment commits other violations, which result in the revocation of the certificate.
What are the obligations of organization and individuals engaged in aquaculture in Vietnam?
Pursuant to the provisions of Clause 2, Article 42 of the 2017 Law on Fisheries in Vietnam, organization and individuals engaged in aquaculture shall:
- Use allocated land and waters for proper purposes and not beyond the prescribed boundary for aquaculture and protect common works for aquaculture;
- Fulfill financial obligations to use land and marine aquaculture waters in accordance with regulations of law;
- Monitor and supervise criteria on aquaculture environment in accordance with regulations of law;
- Comply with regulations on prevention of natural disasters; ensure safety of people and property during the aquaculture; comply with regulations on food safety, biosafety and environmental safety;
- Use equipment, aquatic breeds, aquatic feeds, veterinary medicines for aquatic species and products for adjusting aquaculture environment in accordance with regulations of law;
- Retain documents on aquatic breeds, veterinary medicines for aquatic species and products for adjusting aquaculture environment that are used during the aquaculture and other documents on the process of aquaculture to ensure traceability;
- Take legal responsibility for aquaculture activities, food quality and safety of their aquatic products; be under inspection and supervision by competent authorities during the aquaculture;
- Update information and report on the aquaculture on fishery national database;
- Return land and marine aquaculture waters when being issued with decisions on land allocation in accordance with regulations of law.
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