Which Vietnamese agency should I apply for a license to import aquatic breeds?
Do you want to import aquatic breeds for business but do not know which agency to apply for a license to import aquatic breeds? What are the documents required to apply for a license to import aquatic breeds? What is the order of licensing the latest aquatic breeds in 2022? Today, LSX Lawfirm will give you an article about “Which Vietnamese agency should I apply for a license to import aquatic breeds?“, as follows:
Legal grounds
- Fisheries Law 2017
- Decree 26/2019/ND-CP
What are aquatic breeds?
Aquatic breed means aquatic animals, algae, and algae used for breeding and breeding for aquaculture, including parents, eggs, sperm, embryos, larvae, body fragments, spores, and seeds. (Clause 9 Article 3 Fisheries Law 2017)
Conditions for importing aquatic breeds
According to Clause 3, Article 27 of the Fisheries Law 2017 stipulates the conditions for individuals to export aquatic breeds, specifically: To import aquatic breeds named in the List of aquatic species permitted to be traded in Vietnam (Appendix VIII). promulgated together with Decree 26/2019/ND-CP).
Thus, if you want to import aquatic breeds and Vietnam, you can only import aquatic breeds listed in the List of aquatic species permitted for business in Vietnam according to Appendix VIII issued with Decree 26/2019. /ND-CP.
If you want to import aquatic breeds that not included in the List of aquatic species permitted to traded in Vietnam specified in Appendix VIII issued with this Decree for scientific research, display at fairs, or exhibitions. The exhibition must licensed by the Directorate of Fisheries.
Which agency should I apply for a license to import aquatic breeds?
Pursuant to Clause 1, Article 22 of Decree 26/2019/ND-CP stipulates the import of aquatic breeds as follows:
Organizations and individuals wishing to import aquatic breeds not included in the List of aquatic species permitted for trading in Vietnam specified in Appendix VIII issued with this Decree for scientific research and display. at fairs and exhibitions must be licensed by the Directorate of Fisheries.
As such, your business needs to submit an application for a license to import fish breeds that are not on the List of aquatic species allowed to do business in Vietnam at the General Department of Fisheries to grant import permits.
What are the documents required to apply for a license to import aquatic breeds?
According to Clause 2, Article 22 of Decree 26/2019/ND-CP, the application for a license to import aquatic breeds is as follows:
- An application for a license to import aquatic breeds includes:
a) An application form made according to Form No. 05. NT Appendix III issued together with this Decree;
b) A photograph or drawing describing the aquatic species registered for import together with the Vietnamese name, scientific name, and English name (if any);
c) The approved research outline according to the provisions of the law on science and technology (for the case of import for scientific research);
d) Documents proving the participation in fairs or exhibitions; a plan for handling aquatic species after the fair or exhibition ends (in the case of imports for display at fairs and exhibitions).
Accordingly, your business needs to prepare documents including the above documents to apply for a license to import aquatic breeds.
The latest order of licensing import of aquatic breeds 2022
The order of licensing the import of aquatic breeds is specified in Clause 3, Article 22 of Decree 26/2019/ND-CP guiding the Fisheries Law, (effective April 25, 2019), as follows:
Step 1: Organizations and individuals wishing to import aquatic breeds as prescribed in Clause 1 of this Article shall send dossiers to the Directorate of Fisheries;
Step 2: Submit your application
– Agency receiving dossier: Directorate of Fisheries
- Firstly, the process of submitting paperwork:
- Secondly, Submitted in person or sent via postal service: the application components must be the original or a certified copy or a photocopy with the establishment’s stamp. The agency handling administrative procedures shall check the composition of the dossier and reply immediately when the organization or individual comes to submit the dossier;
- Thirdly, Submitted through the network environment (national one-stop-shop, online public service, electronic software, email, fax): the application components must scanned, and taken from the original. Within no more than 2 working days, the administrative procedure-settling agency shall consider the completeness, if the dossier is incomplete as prescribed, the administrative procedure-settling agency shall notify the organization or individual that the application is incomplete. know to add.
– Number of documents: 01 sets.
And
Step 3: Issuance of renewal of a license to import seafood
Within 05 working days from the date of receipt of complete dossiers, the Directorate of Fisheries shall organize the appraisal of dossiers and grant import permits to organizations and individuals according to Form No. 06. NT Appendix III enclosed herewith. according to Decree 26/2019/ND-CP; in case of refusal to grant an import permit, a written reply, clearly stating the reason;
Step 4: The Directorate of Fisheries shall supervise or send a written request to the provincial-level fisheries state management agency where scientific research, and display at fairs, and exhibitions carried out.
Note: When detecting aquatic breeds imported into Vietnam that threaten to affect quality, environment, and biosecurity, the Ministry of Agriculture and Rural Development considers and decides to inspect the management system. , producing aquatic breeds in the exporting country:
a) Firstly, The composition of the inspection team includes: the Directorate of Fisheries and relevant units;
b) Secondly, Contents of inspection are as follows: System of legal documents on quality, environment, and biosecurity management related to aquatic breeds and enforcement capacity of the management agency in the exporting country; conditions for ensuring quality, environment, and biosecurity at establishments producing and exporting aquatic breeds to Vietnam;
c) Thirdly, Notify and publicize inspection results and decide on handling measures for each specific case.
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Related questions
According to regulations, the act of exporting aquatic breeds named in the List of aquatic species for conditional export but failing to satisfy the conditions, unless licensed by a competent authority, will be subject to a fine of from 50,000,000 VND to 60,000,000, Remedial measures: Forced release of live aquatic breeds back to their habitats, in case of ineligibility to release their habitats, destroy them.
According to regulations, within 05 working days from the date of receipt of complete dossiers, the Directorate of Fisheries shall organize the appraisal of dossiers and grant import permits to organizations and individuals according to Form No. 06. NT Appendix Appendix III promulgated together with this Decree; in case of refusal to grant an import permit, a written reply, clearly stating the reason then;
a) Firstly, The composition of the inspection team includes: the Directorate of Fisheries and relevant units;
b) Secondly, the Contents of the inspection are as follows: System of legal documents on quality, environment, and biosecurity management related to aquatic breeds and enforcement capacity of the management agency in the exporting country; conditions for ensuring quality, environment, and biosecurity at establishments producing and exporting aquatic breeds to Vietnam; c) Thirdly, Notify and publicize inspection results and decide on handling measures for each specific case.
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