Cases of testing and assessment of aquatic breeds in Vietnam

Cases of testing and assessment of aquatic breeds in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Cases of testing of aquatic breeds in Vietnam

According to Clause 1, Article 28 of the Law on Fisheries 2017, testing of aquatic breeds will be carried out if:

- The breed is created domestically for the first time through artificial selection, hybridization or other technical methods other than aquatic species created from results of science and technology missions that have been recognized or approved by competent authorities;

- The breed imported for production or trading is not included in the list of aquatic species allowed to be traded in Vietnam.

2. Cases of assessing aquatic breeds in Vietnam

According to Clause 1, Article 29 of the Law on Fisheries 2017,an aquatic breed shall be assessed:

- At the request of competent authorities;

- At the request of organizations and individuals in case of complaints or denunciation.

3. Regulations on organizations carrying out testing and assessing aquatic breeds in Vietnam

3.1. Regulations on organizations carrying out testing aquatic breeds

Organizations carrying out testing aquatic breeds according to Clauses 2 and 3, Article 28 of the Law on Fisheries 2017 are as follows:

- Organizations carrying out testing of aquatic species (hereinafter referred to as “testing organization”) shall satisfy the following requirements:

+ At least 2 technicians have bachelor degree or higher decree in aquaculture, aquatic pathology or biology;

+ Facilities and equipment for production are conformable with the aquatic species subject to testing;

+ The organization satisfies requirements for biosafety and environmental safety.

- A testing organization has the following rights and responsibilities:

+ It may be involved in testing of aquatic species in accordance with regulations of law.

+ It may have its testing costs paid according to agreement with organizations and individuals in need of testing;

+ It may refuse to provide information related to testing results for the third party unless it is requested by competent authority;

+ It shall take responsibility for testing results;

+ It shall ensure biosafety and environmental safety during the testing;

+ Comply with inspection by competent authorities in accordance with regulations of law;

3.2. Regulations on organizations carrying out assessing aquatic breeds

According to Clause 3, Article 29 of the Law on Fisheries 2017, an assessing organization has the following rights and responsibilities:

- It may assess aquatic species in accordance with regulations of law.

- It may be paid for assessment in accordance with regulations of law;

- It may refuse to provide information related to assessment results for the third party unless it is requested by competent authority;

- It shall take responsibility for assessment results;

- It shall ensure biosafety and environmental safety during the assessment of aquatic breeds.

4. Prohibited actions in fishery activities in Vietnam

According to Article 7 of the Law on Fisheries 2017, prohibited actions in fishery activities include:

- Destruction of aquatic resources, aquatic ecosystem, reproductive areas, areas where offspring live and residence of aquatic species.

- Obstruction of natural migration patterns of aquatic species.

- Encroachment of or damage to protected zones of aquatic resource and MPAs.

- Catching of aquatic products, aquaculture and construction and other activities that affect the living environment and aquatic resources in subdivisions under strict protection and subdivisions of ecological recovery of MPAs.

- Illegal operation of commercial fishing vessels and other watercrafts in subdivisions under strict protection of MPAs except for force majeure.

- Illegal commercial fishing, failure to report and comply with regulations of law (hereinafter referred to as “illegal commercial fishing”); purchase, sale, transport, storage, preliminary processing and processing of aquatic products originating from illegal commercial fishing, aquatic products with impurities for commercial fraud purposes.

- Use of banned substances or chemicals, toxins, explosives, electric impulses, electric currents, destructive methods, means and fishing tackle for extracting aquatic resources.

- Use of fishing tackle for obstructing or causing damage to organizations or individuals that are engaged in fishing; anchoring or mooring vessels at places where commercial fishing tackle of organization or individuals that are engaged in fishing are located or places where other commercial fishing vessels are engaged in fishing, except for force majeure.

- Throwing the fishing tackle in natural waters, except for force majeure.

- Putting impurities into aquatic products for commercial frauds.

- Use of antibiotics, veterinary drugs and plant protection drugs banned from use in aquaculture; chemicals, biological preparations and microorganisms banned from use in the production of aquatic feeds and products for adjusting aquaculture environment; use of aquatic breeds not included in the list of aquatic species permitted for trading in Vietnam for aquaculture.

- Destruction and demolition causing damage to or encroachment of works in fishing ports and anchorages for avoiding storms; discharge of wastes into improper places in fishing ports and anchorages for avoiding storms.

- Abuse of inspection, assessment of aquatic resources to cause damage to national defense, security, national interests, legal rights and interests of other organization and individuals; illegal provision and use of information and data on aquatic resources.

Le Truong Quoc Dat

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