Procedures for control of imported aquatic species and products thereof processed from catches and transported by container vessels to Vietnam

Procedures for control of imported aquatic species and products thereof processed from catches and transported by container vessels to Vietnam (Image from the internet)

Regarding this matter, LawNet answers as follows:

On April 26, 2024, the Minister of Agriculture and Rural Development of Vietnam issued Decision 1213/QD-BNN-TS promulgating newly issued and amended administrative procedures related to fisheries under the management authority of the Ministry of Agriculture and Rural Development of Vietnam.

Procedures for control of imported aquatic species and products thereof processed from catches and transported by container vessels to Vietnam

Step 1. At least 48 hours before the shipment arrives at the port, organizations and individuals importing aquatic species and products thereof from catches into Vietnam by container ship shall declare and submit their dossier to the Fisheries Control Department.

- In case of direct submission: The Fisheries Control Department will check the dossier components and respond immediately when the organization or individual arrives to submit the dossier;

- In case of submission via postal service or online environment (national single window mechanism, electronic public service software, email, fax): Within 48 hours from the time of receiving a complete and valid declaration dossier, the Fisheries Control Department will appraise and verify the origin of imported aquatic materials to ensure they do not violate illegal exploitation regulations and support inspection and control activities.

Step 2. Assessment and verification of origin

The Fisheries Control Department shall assess the dossier for origin verification of imported aquatic materials and products to ensure they do not violate illegal exploitation regulations for each shipment of swordfish ((Xiphias gladius) and species subject to inspection according to the Plan for the inspection and control of aquatic species and products thereof from catches imported, temporarily imported, re-exported, transshipped, transited through the territory of Vietnam by container ship issued annually by the Ministry of Agriculture and Rural Development. The assessment content includes: Checking the validity and legality of information and declarations submitted by the consignor; cross-checking with the catch limits of each country, fishing area, and permitted fishing species as per regulations.

Step 3. Notification of assessment results:

Within a maximum period of 48 hours from receipt of a complete and valid declaration dossier, if the declaration information and dossier meet the requirements, the Fisheries Control Department will issue a notification to the consignor and simultaneously send it to the Customs Authority at the port of entry to coordinate in completing the import customs clearance procedures according to Form No. 26 Appendix I issued with Decree 37/2024/ND-CP;

If there are signs of the imported aquatic shipment being illegally exploited, transshipped, unreported, unregulated according to the declaration information and dossier upon import, the Fisheries Control Department shall notify the consignor and assign inspectors meeting the requirements specified in Clause 10 Article 70 of Decree 37/2024/ND-CP to coordinate with the port Customs Authority to organize the actual inspection of aquatic goods on the container to verify the shipment and complete the Inspection Record according to Form No. 27 Appendix I issued with Decree 37/2024/ND-CP. In cases where species composition cannot be determined, sample collection for further testing shall be organized.

Step 4. Handling inspection results:

In the event that the actual inspection results show that the imported shipment was exploited by vessels listed in the IUU list of the flag state or respective coastal state with jurisdiction or of the regional fisheries management organizations;

Or were exploited, transported, transshipped by vessels without a license or with an invalid or unenforceable license according to the regulations of the flag state or the respective coastal state with jurisdiction;

Or there is evidence that aquatic species and products thereof on vessels were exploited beyond the quota of allowable species by the coastal state or regional fisheries management organizations;

Or there is evidence that aquatic species and products thereof on vessels were exploited contrary to the regulations of the coastal state with jurisdiction or contrary to conservation and management measures in the waters under the jurisdiction of the regional fisheries management organizations or there is evidence that vessels performed or supported illegal aquatic exploitation as provided in Article 60 of the 2017 Fisheries Law;

The competent authority shall send a notification to the consignor and concurrently send it to the port Customs Authority to handle the shipment according to legal regulations in accordance with Form No. 26 Appendix I issued with Decree 37/2024/ND-CP.

In cases where the actual inspection results meet the requirements, the competent authority shall notify the consignor and the Customs Authority to proceed with the customs clearance procedures for the imported shipment according to regulations.

More details can be found in Decision 1213/QD-BNN-TS which takes effect in Vietnam from May 19, 2024.

Nguyen Ngoc Que Anh

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