Regulations on testing of aquatic breeds in Vietnam

Regulations on testing of aquatic breeds in Vietnam (Internet image) 

Regarding this issue, LawNet answers as follows:

1. Regulations on testing of aquatic breeds in Vietnam

Regulations on testing of aquatic breeds in Vietnam according to Article 28 of the Law on Fisheries 2017 are as follows:

- Testing of an aquatic breed 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.

- 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;

- The Government shall provide detailed guidelines for Clause 2 of Article 28 of the Law on Fisheries 2017, naming aquatic breeds and procedures for testing of aquatic breeds.

2. Regulations on assessment of aquatic breeds in Vietnam

Regulations on assessment of aquatic breeds according to Article 29 of the Law on Fisheries 2017 are as follows:

- 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.

- The Ministry of Agriculture and Rural Development shall publish testing organizations eligible for assessing aquatic breeds.

- 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;

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

3. Regulations on import and export of aquatic breeds in Vietnam

Regulations on import and export of aquatic breeds according to Article 27 of the Law on Fisheries 2017 are as follows:

- Imported aquatic breeds shall have their quality inspected in accordance with regulations of law.

- Organizations and individuals are allowed to import aquatic breeds included in the list of aquatic species allowed to be traded in Vietnam. The import of aquatic breeds that are not included in the abovementioned list for testing, scientific research, display and exhibition shall be licensed by the Ministry of Agriculture and Rural Development.

- An organization or individual is allowed to export aquatic breeds if:

+ The breed is not included in the list of aquatic species banned from export;

+ The breeds satisfy the conditions prescribed in the list of exported aquatic species requiring certain conditions;

+ Export of aquatic breeds included in the list of aquatic breeds banned from export or aquatic breeds failing to satisfy the conditions prescribed in the list of aquatic species requiring certain conditions for scientific research and international cooperation shall be licensed by the Ministry of Agriculture and Rural Development according to the Prime Minister’s approval.

- The Ministry of Agriculture and Rural Development will consider inspecting systems for managing and producing aquatic breeds in the exporting country in accordance with regulations of Vietnam law and international treaties to which the Socialist Republic of Vietnam is a signatory if:

+ The assessment is made for mutual recognition;

+ There are risks to quality, environment and biosafety caused by aquatic species imported to Vietnam.

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