Do aquatic hatcheries in Vietnam have to have a wastewater system?

“Hello, Lawyer. I plan to set up a fishery seed production facility in the near future, currently in the process of preparing for construction, but I am wondering whether to invest in a wastewater system or not because This system is quite expensive. So can the lawyer help me answer the question whether the aquaculture hatchery has a sewage system or not?. Please answer for me.”. Thank you for trusting and sending questions to Lawyer. To answer questions and as well as understand some issues surrounding this question, today, LSX Lawfirm will give you an article about “Do aquatic hatcheries in Vietnam have to have a wastewater system?“, as follows:

Legal grounds

• Decree 26/2019/ND-CP

Does the aquaculture hatchery have to have a sewage system?

Pursuant to Article 20 of Decree 26/2019/ND-CP stipulating the conditions for establishments producing and rearing aquatic breeds as follows:

1. Facilities and equipment in service of the production and rearing of aquatic breeds specified at Point a, Clause 1, Article 24 of the Law on Fisheries are specified as follows:

a) The supply water and wastewater treatment system and the system of ponds, tanks and cages must meet the requirements for quality control and biological safety; storage area for equipment and materials to ensure the preservation requirements of manufacturers and suppliers; living quarters must be separated from production and nursing areas;

b) Equipment meets the requirements for quality control and biosafety; waste collection and treatment equipment does not adversely affect production and nursing areas.

And

2. Point c, Clause 1, Article 24 of the Law on Fisheries is specified as follows:

A system of quality control and biosafety control must be developed and applied, including the following contents: Water for production and nursing; aquatic breeds in the production process; sanitation, collection and treatment of wastewater and waste; destroy dead aquatic animal carcasses or infected with diseases that must be destroyed; control aquatic breeds escaping to the outside environment, harmful animals entering the establishment; feed, medicine, aquaculture environment treatment products.

Thus, when you open a production and rearing facility for aquatic animals, you must invest in the water supply and wastewater treatment systems and facilities specified above.

Dossier of application for a Certificate of eligibility for aquatic seed production includes what?

According to Clause 2, Article 21 of Decree 26/2019/ND-CP has the following provisions:

2. An application for a Certificate of eligibility for production and rearing of aquatic breeds includes:

a) An application form for the Certificate of eligibility for aquaculture hatchery production and rearing establishments, made according to Form No. 01.NT Appendix III issued together with this Decree;

b) An explanation of the material and technical facilities of the establishment producing and rearing aquatic breeds, made according to Form No. 02.NT, Appendix III issued together with this Decree.

Accordingly, an application file for a Certificate of eligibility for production and rearing of aquatic breeds includes the above documents.

How many days does it take to get the results of a re-issuance of the Certificate of eligibility for aquatic seed production?

Pursuant to Article 22 of Decree 26/2019/ND-CP stipulating the grant, re-issuance and revocation of the Certificate of eligibility for production and nursing of aquatic breeds, inspection and maintenance of basic conditions as follows:

1. The competent authority to issue, re-issue and revoke the Certificate of eligibility for production and rearing of aquatic breeds and inspect the maintenance of basic conditions as follows:

a) The Directorate of Fisheries issues, re-issues and revokes the Certificate of eligibility for production and rearing of aquatic breeds for parental aquatic breeds; inspect and maintain conditions for establishments producing and nursing aquatic breeds of broodstock;

b) Provincial-level fisheries state management agencies shall grant, re-issue and revoke certificates of establishments meeting all conditions for production and rearing of aquatic breeds; inspect and maintain conditions for aquatic breed production and rearing establishments in the locality, except for the case specified at Point a of this Clause.

2. An application for a Certificate of eligibility for production and rearing of aquatic breeds includes:

a) An application form for the Certificate of eligibility for aquaculture hatchery production and rearing establishments, made according to Form No. 01.NT Appendix III issued together with this Decree;

b) An explanation of the material and technical facilities of the establishment producing and rearing aquatic breeds, made according to Form No. 02.NT, Appendix III issued together with this Decree.

And

3. An application for re-issuance of the Certificate of eligibility for production and rearing of aquatic breeds includes:

Do aquatic hatcheries in Vietnam have to have a wastewater system?

a) An application form made according to Form No. 01.NT Appendix III issued together with this Decree;

b) Documents evidencing the change in the case of change of information related to the organization or individual;

c) The original Certificate of eligibility for production and rearing of aquatic breeds already granted, unless the Certificate is lost.

4. Order of issuance and re-issuance of the Certificate of eligibility for production and rearing of aquatic breeds:

a) Order of issuance of Certificate of eligibility: Organizations and individuals shall send dossiers to competent agencies specified in Clause 1 of this Article.

And

Within 10 working days from the date of receipt of a complete dossier, the competent authority shall inspect the facility’s conditions according to Form No. 03.NT Appendix III issued together with this Decree. In case the conditions are not met, the establishment shall take corrective action; after the remedial work, a written notice shall be sent to the competent authority to organize the inspection of the corrected content. If the facility satisfies the conditions, within 03 working days from the date of completion of the inspection, the competent authority shall issue the Certificate using Form No. 04.NT Appendix III issued with this Decree. . In case of refusal, a written reply must given, clearly stating the reason;

b) Order of re-grant of Certificate of eligibility: Organizations and individuals shall send dossiers to competent agencies specified in Clause 1 of this Article. Within 03 working days from the date of receipt of complete and valid dossiers, the competent authority shall re-issue the Certificate according to Form No. 04.NT Appendix III issued together with this Decree. In case of refusal to issue the Certificate, a written reply must clearly stated, clearly stating the reason.

In addition

5. Examination contents include:

a) Check the application for registration for grant and re-grant of the Certificate;

b) Conduct physical inspection at the place of production and rearing of aquatic breeds according to the provisions of Article 23, Clause 1, Article 24 of the Law on Fisheries and Article 20 of this Decree;

c) Inspect the performance of obligations in the production and rearing of aquatic breeds according to Clause 2, Article 26 of the Law on Fisheries.

6. The period of inspection and maintenance of conditions for establishments producing and nursing aquatic breeds is 12 months; In case the establishment has assessed and granted a certificate of standard conformity by an organization, the time for checking and maintaining the condition is 24 months.
7. When detecting that the establishment violates one of the cases specified in Clause 4, Article 25 of the Fisheries Law, the competent agency shall handle the violation and issue a decision to revoke the Certificate of eligibility for production. rearing aquatic breeds and announcing on the mass media.

Thus, within 03 working days from the date of receipt of a complete and valid application, the competent authority shall re-issue the Certificate of eligibility for production and rearing of aquatic breeds. In case of refusal to re-issue, a document will sent clearly stating the reason.

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