Circular No. 60/2009/TT-BNNPTNT of September 16, 2009, guiding the Government’s Decree No. 12/2006/ND-CP of January 23, 2006, detailing the commercial law’s provisions on international goods trading and goods trading, processing and transit agency with fo

THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
——-

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
———

No. 60/2009/TT-BNNPTNT

Hanoi, September 16, 2009

 

CIRCULAR

GUIDING THE GOVERNMENT’S DECREE NO. 12/2006/ND-CP OF JANUARY 23, 2006, DETAILING THE COMMERCIAL LAW’S PROVISIONS ON INTERNATIONAL GOODS TRADING AND GOODS TRADING, PROCESSING AND TRANSIT AGENCY WITH FOREIGN COUNTRIES IN THE DOMAINS OF AGRICULTURE, FORESTRY AND FISHERIES

THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Government’s Decree No. 01/2008/ND-CP of January 3, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Government’s Decree No. 12/2006/ND-CP of January 23, 2006, detailing the Commercial Law’s provisions on international goods trading and goods trading, processing and transit agency with foreign countries;
Pursuant to the Government’s Decree No. 32/2006/ND-CP of March 30, 2006, on management of endangered, precious and rare forest plants and animals;
Pursuant to the Government’s Decree No. 82 2006/ND-CP of August 10, 2006, on management of export, import, re-export, introduction from the sea, transit, breeding, rearing and artificial propagation of endangered species of precious and rare wild fauna and flora;
The Ministry of Agriculture and Rural Development guides the import and export of goods subject to specialized management by the agriculture sector as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular prescribes the order of and procedures for import and export of goods subject to specialized management by the agriculture, forestry and fisheries sectors, including:

a/ Export of timber and timber products from domestic natural forests; firewood and charcoal from timber or firewood originating from domestic natural forests;

b/ Import and export of endangered, precious and rare wild animals and plants;

c/ Import and export of plant varieties;

d/ Import and export of livestock breeds:

e/ Import and export of live aquatic products and breeder aquatic species;

f/ Import of veterinary drugs, and materials for veterinary drug production, vaccines, biologicals, microorganisms and chemicals to be used for animals and aquatic species;

g/ Import of plant protection drugs, materials for production of these drugs, and living organisms in the plant protection domain;

h/ Import of feeds and materials for production of feeds; aquatic feeds and materials for production of aquatic feeds;

i/ Import of fertilizers and fertilizer preparations;

j/ Import and export of gene sources of plants, domestic animals and microorganisms for scientific and technical research and exchange.

Article 2. Principles for implementation of regulations on animal and plant quarantine and inspection of imported goods

1. Before customs clearance, imports subject to animal, aquatic, animal product and aquatic product quarantine must comply with decisions of the Minister of Agriculture and Rural Development or the former Minister of Fisheries, promulgating the list of objects subject to animal, aquatic, animal product and aquatic product quarantine, the list of animals, the list of aquatic species, animal products and aquatic products subject to quarantine, and the order of and procedures for the quarantine of animals, aquatic species, animal products and aquatic products, and veterinary hygiene inspection.

2. Before customs clearance, imports on the list of objects subject to plant quarantine must comply with the Ministry of Agriculture and Rural Development’s decisions promulgating Vietnam’s list of objects subject to plant quarantine, list of entities subject to plant quarantine, list of objects subject to plant quarantine and analysis of harmful epidemic danger before their importation into Vietnam, and the procedures for inspection of objects subject to plant quarantine and compilation of plant quarantine dossiers.

3. When there exists no animal or plant quarantine agency at a border gate, goods will be cleared from customs procedures under the mechanism of registration first and inspection later. Quarantine agencies may conduct quarantine concurrently with customs inspection of goods or after the completion of customs procedures at a time and place indicated in quarantine registration papers.

4. The quality of plant protection drugs and materials for the production of these drugs shall be inspected by the mode of registration before and quality inspection after customs clearance.

Chapter II

SPECIFIC PROVISIONS

Article 3. Export of timber and timber products, firewood and charcoal from timber or firewood originating from domestic natural forests

1. Timber and timber products from domestic natural forests banned from export (except the cases specified in Clauses 2 and 3 of this Article) include:

a/ Log timber of all kinds;

b/ Sawn timber of all kinds;

c/ Products from endangered, precious and rare timber of group IA (except material evidence confiscated under the State’s current regulations) specified in the Government’s Decree No. 32/ 2006/ND-CP of March 30, 2006. on the management of endangered, precious and rare forest animals and plants; and timber products specified in Appendix I to the Convention on International Trade of Endangered Species of Wild Fauna and Flora (CITES).

2. Timber products exported under specific conditions or permits

a/ Products from endangered, precious and rare timber of group IA, which are material evidence confiscated under the State’s current regulations, and of group IIA under the Government’s Decree No. 32/2006/ND-CP of March 30, 2006, on management of endangered, precious and rare forest animals and plants, may only be exported in finished woodworks. Upon exportation of these products, traders shall only fully declare their quantities and categories with customs offices, without having to show the origin of timber and apply for permits.

Finished woodworks (including also fine-art and high-class woodworks) are timber products, which are completely assembled according to their utilities, or knocked down details of finished products and can be used immediately after they are assembled according to utilities of these products; produced by hand, by machine or by hand in combination with machine; and finished by carving, embossing, engraving, inlaying or turning, and surface-decorated (by lacquering, gold plating or gloss painting).

b/ When exporting timber products specified in Appendix II to CITES, CITES permits granted by the CITES Management Authority in Vietnam are required.

3. Firewood and charcoal made from domestic natural forest timber of lawful origin may be exported. Upon exportation of these products, traders shall only fully declare their quantities and categories with customs offices without having to show their origin.

Article 4. Import and export of endangered, precious and rare wild animals and plants (except timber and timber products specified in Clause 1, Article 3)

1. Commercial export of the following endangered, precious and rare wild animals and plants from natural forests (except the cases specified in Clause 2 of this Article) is banned:

a/ Endangered, precious and rare forest animals of groups IB and IIB, forest plants of group IA, specified in the Government’s Decree No. 32/2006/ND-CP of March 30. 2006. on management of endangered, precious and rare forest animals and plants.

b/ Wild animals and plants specified in Appendix I to the CITES.

2. Export of endangered, precious and rare wild animals and plants requires permits of the CITES Management Authority in Vietnam in the following cases:

a/ Non-commercial export:

Endangered, precious and rare wild animals and plants specified in Clause 1 of this Article may be exported for diplomatic purpose, scientific research or exchange between zoological or botanical gardens, exhibition, circuit performance, and return of specimen between CITES Management Authorities of different countries.

b/ Commercial export:

Endangered, precious and rare wild animals and plants from natural forests specified in Appendix II to the CITES.

– Natural forest plants of group IIA, specified in the Government’s Decree No. 32/2006/ND-CP of March 30, 2006, on management of endangered, precious and rare forest plants and animals.

– Endangered, precious and rare wild animals and plants of groups I and II, specified the Government’s Decree No. 32/2006/ND-CP of March 30. 2006. and wild animals and plants specified in Appendices I and II to the CITES, artificially bred or cultured and satisfy the conditions specified in the Government’s Decree No. 82/2006/ND-CP of August 10, 2006, on management of export, import, re-export, introduction from the sea, transit, breeding, rearing and artificial propagation of endangered species of precious and rare wild fauna and flora.

3. Import of wild animals and plants specified in Appendices of the CITES must obtain permits in writing by the CITES Management Authority in Vietnam.

Article 5. Import and export of plant varieties

1. Export of plant varieties:

a/ Precious and rare plant varieties on the list of precious and rare plant varieties banned from export promulgated together with decisions of the Minister of Agriculture and Rural Development is banned from export.

b/ When exporting other plant varieties outside the above-said list, traders shall only carry out procedures at customs offices.

2. Import of plant varieties:

a/ When importing plant varieties on the list of plant varieties permitted for production and trading promulgated together with decisions of the Minister of Agriculture and Rural Development, traders shall only carry out procedures at customs offices without having to apply for permits.

b/ Import of plant varieties outside the above-said list for research, assay, trial production or other special purposes must be permitted in writing by the Ministry of Agriculture and Rural Development’s Cultivation Department (for agricultural plant varieties) or Forestry Department (for forest plant varieties). Based on assay or trial production results, the Ministry of Agriculture and Rural Development shall recognize new plant varieties and add them to the list of plant varieties permitted for production and trading.

After obtaining assay results and written certification by the Cultivation Department and the Forestry Department that certain plant varieties have been assayed and permitted for production and trading, traders may import without permits these items pending the addition thereof to the list of plant varieties permitted for production and trading.

Article 6. Import and export of livestock breeds

1. Export of livestock breeds:

a/ Precious and rare livestock species and breeds on the list of precious and rare livestock breeds banned from export promulgated by the Ministry of Agriculture and Rural Development is banned from export.

b/ When exporting other livestock species and breeds outside the above-said list, traders shall only carry out procedures at customs offices and produce animal quarantine certificates, if so requested by countries of importation or goods owners.

2. Import of livestock breeds:

a/ When importing livestock breeds on the list of livestock breeds permitted for production and trading promulgated together with decisions of the Minister of Agriculture and Rural Development, traders shall only carry out procedures at customs offices without having to apply for permits.

b/ Import of livestock species and breeds outside the above-said list requires assay permits granted by the Ministry of Agriculture and Rural Development’s Cultivation Department.

After obtaining assay results and written certification by the Cultivation Department that certain livestock breeds have been assayed and permitted for production and trading, traders may import without permits these items pending the addition thereof to the list of livestock breeds permitted for production and trading.

Based on assay results, the Ministry of Agriculture and Rural Development shall add assayed livestock breeds to the list of livestock breeds permitted for production and trading.

c/ Import of cattle embryos and sperm, cattle sperm- and egg-preparing solutions, and breeder poultry eggs must be permitted in writing by the Ministry of Agriculture and Rural Development’s Husbandry Department.

Article 7. Import of veterinary drugs and materials for production of veterinary drugs, vaccines, biologicals. microorganisms and chemicals for veterinary use

1. When importing veterinary drugs and materials for production of veterinary drugs, biologicals and chemicals for veterinary use specified in the list of veterinary drugs and materials for the production of veterinary drugs permitted for circulation in Vietnam, promulgated together with decisions of the Minister of Agriculture and Rural Development, traders shall only carry out procedures at customs offices without having to apply for permits. Particularly for vaccines and microorganisms of all kinds, written approval of the Ministry of Agriculture and Rural Development’s Animal Health Department is required.

2. Import of veterinary drugs, materials for production of veterinary drugs, biologicals, microorganisms and chemicals for veterinary use outside the above-said list for assay purpose requires written approval of the Animal Health Department.

After obtaining assay results and written certification by the Animal Health Department that assayed veterinary drugs, materials for production of veterinary drugs, biologicals. microorganisms and chemicals for veterinary use are up to the quality standards promulgated by the Ministry of Agriculture and Rural Development, traders may import without permits these items pending the addition thereof to the list of veterinary drugs, materials for production of veterinary drugs, biologicals. microorganisms and chemicals for veterinary use permitted for circulation in Vietnam.

Based on assay results, the Ministry of Agriculture and Rural Development shall add assayed items to the above-said list.

3. Import of veterinary drugs and vaccines in case of epidemics:

When epidemics occur, the import of veterinary drugs and vaccines not yet on the list of veterinary drugs and vaccines permitted for circulation in Vietnam shall be decided by the Ministry of Agriculture and Rural Development.

Article 8. Import of plant protection drugs, materials for production of plant protection drugs and living organisms in the plant protection domain

1. When importing plant protection drugs and materials for production of plant protection drugs on the list of plant protection drugs permitted for use in Vietnam, promulgated together with decisions of the Minister of Agriculture and Rural Development, traders shall carry out procedures at customs offices without having to apply for permits.

2. Import of plant protection drugs and materials for production of plant protection drugs on the list of plant protection drugs restricted from use in Vietnam, promulgated together with decisions of the Minister of Agriculture and Rural Development requires permits granted by the Ministry of Agriculture and Rural Development’s Plant Protection Department.

3. Import of plant protection drugs and materials for production of plant protection drugs outside the list of plant protection drugs permitted for use in Vietnam requires permits granted by the Ministry of Agriculture and Rural Development’s Plant Protection Department.

After obtaining assay results and written certification by the Plant Protection Department that assayed plant protection drugs and materials for production of plant protection are up to the quality standards promulgated by the Ministry of Agriculture and Rural Development, traders may import without permits these items pending the addition thereof to the list of plant protection drugs permitted for circulation in Vietnam.

4. Import of plant protection drugs and materials for protection of plant protection drugs on the list of plant protection drugs banned from use in Vietnam, promulgated together with decisions of the Ministry of Agriculture and Rural Development, is banned. In some cases, standard ingredients of plant protection drugs on the list of plant protection drugs banned from use may be imported for inspection of drug residues and illegally imported plant protection drugs but with permits of the Plant Protection Department.

5. First-time import of living organisms in the plant protection domain for assay purpose complies with Decision No. 34/2007/QD-BNN of April 23.2007, promulgating the list of objects subject to plant quarantine and compulsory analysis of latent epidemic hazards before their importation into Vietnam, and Decision No. 48/ 2007/QD-BNN of May 29. 2007, promulgating the Regulation on procedures for granting licenses for imported plant quarantine of objects subject to compulsory analysis of latent epidemic hazards before their importation into Vietnam.

6. Importers of finished plant protection drugs and materials for production of plant protection drugs outside the list of plant protection drugs permitted for processing and packaging in Vietnam for re-export under contracts signed with foreign parties shall obtain import permits of the Ministry of Agriculture and Rural Development’s Plant Protection Department and such re-export shall be inspected by competent state agencies.

Article 9. Import of livestock feeds and their materials

1. When importing livestock feeds and their materials on the list of livestock feeds and their materials permitted for import into Vietnam promulgated together with decisions of the Minister of Agriculture and Rural Development, traders shall only carry out procedures at customs offices without having to apply for permits.

2. Import of livestock feeds and their materials outside the list specified in Clause 1 of this Article for analysis or assay requires permits of the Husbandry Department. After obtaining assay results and written certification by the Husbandry Department that assayed livestock feeds and their materials are up to the quality standards promulgated by the Ministry of Agriculture and Rural Development, traders may import without permits these items pending the addition thereof to the list of livestock feeds and their materials permitted for import into Vietnam.

Based on assay or analysis results, the Husbandry Department shall propose the Ministry to decide to add assayed livestock feeds and their materials to the list of livestock feeds and their materials permitted for import into Vietnam.

3. Importers of livestock feeds and their materials outside the above-said list for production, processing and packaging in Vietnam for re-export purpose under contracts signed with foreign parties shall obtain the Ministry of Agriculture and Rural Development’s permits granted by the Husbandry Department and such re-export shall be inspected by competent agencies.

Article 10. Import of fertilizers

1. When importing fertilizers on the list of fertilizers permitted for production, trading and use in Vietnam, promulgated together with decisions of the Minister of Agriculture and Rural Development, traders shall only carry out procedures at customs offices.

2. Import of fertilizers outside the above-said list for research or assay or other special purposes shall be permitted by the Ministry of Agriculture and Rural Development’s Cultivation Department. After obtaining assay results and written certification by the Cultivation Depart­ment that assayed fertilizers are up to the quality standards promulgated by the Ministry of Agriculture and Rural Development, traders may import without permits these items pending the addition thereof to the list of fertilizers permitted for production, trading and use in Vietnam.

Based on assay results, the Ministry of Agriculture and Rural Development shall recognize new fertilizers and add them to the list of fertilizers permitted for production, trading and use in Vietnam.

Article 11. Import and export of gene sources of plants, domestic animals and microorganisms for scientific and technical research and exchange

Import and export of all objects being gene sources of precious and rare plants, domestic animals, microorganisms and new biologicals for scientific and technical research and exchange must be permitted by the of Agriculture and Rural Development.

Article 12. Import and export of fisheries goods

1. Export of endangered, precious and rare aquatic species:

a/ Export of aquatic species on the list in Appendix 1 to this Circular (except those specified at Point b of this Clause) is banned.

b/ Aquatic species on the list in Appendix 1 may only be exported in some cases for implementation of treaties to which Vietnam has signed or acceded and with permits granted by the Vietnam-based CITES Office, for aquatic species specified in the Appendix to the CITES, or by the Aquatic Resource Exploitation and Protection Department, for aquatic species not specified in the Appendix to the CITES.

c/ Aquatic species on the list in Appendix 2 to this Circular may only be exported when fully satisfying the conditions specified in Appendix 2. Traders shall directly carry out export procedures at customs offices without having to apply for permits.

2. Import of aquatic breeds:

– When importing aquatic breeds on the list of aquatic breeds permitted for production and trading, promulgated together with decisions of the Minister of Agriculture and Rural Development or decisions of the (former) Minister of Fisheries, traders shall only carry out procedures at customs offices without having to apply for permits.

– Aquatic breeds outside the above-said list may only be imported for assay with permits of the Ministry of Agriculture and Rural Development’s Aquaculture Department.

After obtaining assay results and written certification by the Aquaculture Department that assayed aquatic breeds are up to quality standards promulgated by the Ministry of Agriculture and Rural Development, traders may import without permits these items pending the addition thereof to the list of aquatic breeds permitted for production and trading.

Based on assay results, the Ministry of Agriculture and Rural Development shall add assayed aquatic breeds to the list of aquatic breeds permitted for production and trading.

3 Import of aquatic feeds:

For import of aquatic feeds and their production materials which fully satisfy the conditions specified in Appendix 3 to this Circular, traders shall directly carry out import procedures at border-gate customs offices without having to apply for permits.

4. Import of aquatic veterinary drugs, vaccines, biologicals, microorganisms and chemicals for use in aquatic animal health protection and chemicals for use in aquaculture:

a/ When importing aquatic veterinary drugs, biologicals and chemicals for use in aquatic animal health protection on the list of those permitted for circulation in Vietnam, promulgated together with decisions of the Minister of Agriculture and Rural Development, traders shall only carry out procedures at customs offices without having to apply for permits.

Import of vaccines and microorganisms requires opinions of the Ministry of Agriculture and Rural Development’s Animal Health Department.

For chemicals for use in aquaculture and materials for production of aquatic veterinary drugs on the list in Appendix 4 to this Circular, which fully satisfy the conditions specified in this Appendix, traders shall directly carry out import procedures at border-gate customs offices without having to apply for permits.

b/ Import of aquatic veterinary drugs, biologicals, microorganisms and chemicals for use in aquatic animal health protection and chemical for use in aquaculture outside the list of those permitted for circulation in Vietnam requires permits of the Animal Health Department.

c/ For aquatic veterinary drugs, biologicals and chemicals for use in aquatic animal health protection and chemical for use in aquaculture imported for assay, after obtaining assay results and written certification by the Animal Health Department that assayed items are up to the quality standards promulgated by the Ministry of Agriculture and Rural Development, traders may import without permits these items pending the addition thereof to the list of aquatic veterinary drugs and their production materials, biologicals and chemicals for use in aquatic animal health protection and chemical for use in aquaculture permitted for circulation in Vietnam.

Based on assay results, the Ministry of Agriculture and Rural Development shall add assayed items to the above-said list.

5. Import of biologicals, microorganisms and enzymes for treatment and improvement of the aquaculture environment:

a/ When importing biologicals, microorganisms and enzymes for treatment and improvement of the aquaculture environment on the list of those permitted for circulation in Vietnam promulgated by the Minister of Agriculture and Rural Development/the (former) Minister of Fisheries, traders shall directly carry out customs clearance procedures at customs offices without having to apply for permits.

b/ For biologicals. microorganisms and enzymes for treatment and improvement of the aquaculture environment specified in Appendices 4 and 5 to this Circular and on the list of those subject to conditional import promulgated by the Minister of Agriculture and Rural Development/ the (former) Minister of Fisheries, which satisfy the conditions specified in these Appendices, traders shall directly carry out customs clearance procedures at customs offices without having to apply for permits.

c/ Import of biologicals, microorganisms and enzymes for treatment and improvement of the aquaculture environment outside the list of those permitted for circulation in Vietnam and the list of those subject to conditional import in Appendices 4 and 5 to this Circular, requires import permits of the Aquaculture Department.

d/ For biologicals, microorganisms and enzymes for treatment and improvement of the aquaculture environment imported for assay, after obtaining assay results and written certification by the Aquaculture Department that assayed items are up to quality standards promulgated by the Ministry of Agriculture and Rural Development, traders may import without permits these items pending the addition thereof to the list of biologicals, microorganisms and enzymes for use in treatment and improvement of the aquaculture environment permitted for circulation in Vietnam.

Based on assay results, the Ministry of Agriculture and Rural Development shall recognize new biologicals, microorganisms and enzymes for treatment and improvement of the aquaculture environment and add them to the above-said list.

Chapter III

IMPLEMENTATION PROVISIONS

Article 13. Organization of implementation

1. Specialized management agencies assigned by the Ministry of Agriculture and Rural Development to receive and process dossiers and grant import, export and assay permits are located at the following addresses:

a/ The Forestry Department (No. 2 Ngoc Ha street. Ba Dinh district, Hanoi city): for the cases specified in Article 3 (except Point b. Clause 2) of Chapter II.

b/ The Forest Protection Department (No. 2 Ngoc Ha street, Ba Dinh district, Hanoi city): for the cases specified at Point b. Clause 2, Article 3, and Article 4, of Chapter II.

c/ The Cultivation Department (No. 2 Ngoc Ha street, Ba Dinh district, Hanoi city): for the cases specified in Articles 5,10 and 11 of Chapter II.

d/ The Husbandry Department (No. 2 Ngoc Ha street, Ba Dinh district, Hanoi city): for the cases specified in Articles 6 and 9 of Chapter II.

e/ The Animal Health Department (No. 15, Alley 78, Giai Phong road, Phuong Mai ward, Dong Da district, Hanoi city): for the cases specified in Article 7, and Points a. b and c. Clause 4, Article 12, of Chapter II.

f/ The Plant Protection Department (No. 149 Ho Dac Di street, Dong Da district, Hanoi city): for the cases specified in Article 8 of Chapter II.

g/ The Aquaculture Department (No. 10 Nguyen Cong Hoan street, Ba Dinh district. Hanoi city): for the cases specified in Clause 2, and Points b and c. Clause 5, Article 12, of Chapter II.

h/ The Aquatic Resource Exploitation and Protection Department (No. 10 Nguyen Cong Hoan street, Ba Dinh district. Hanoi city): for the cases specified at Point b. Clause 1, Article 12 of Chapter II.

2. Dossiers and procedures for application for import permits shall be made and carried out according to forms set by the Ministry of Agriculture and Rural Development’s specialized management agencies.

3. The time limit for processing dossiers: Within 7 working days after receiving valid dossiers, the dossier-receiving agencies defined in Section 1 of this Chapter (Clause 1, Article 13) shall issue their written replies.

4. The Ministry of Agriculture and Rural Development’s specialized management agencies defined in Clause 1. Article 13 of Chapter III shall guide dossiers and procedures for application for import or export permits and coordinate with the General Department of Customs for application of HS codes to agricultural and fisheries goods as assigned under this Circular.

5. When promulgating or revising lists of goods subject to specialized management by the agricultural sector mentioned in this Circular, the departments assigned by the Ministry of Agriculture and Rural Development to perform specialized management shall notify them to customs offices and concerned agencies.

6. Traders shall be held responsible before law for the accuracy of their declarations before importing or exporting goods, and comply with current regulations on goods quality standards.

Article 14. Effect

1. This Circular takes effect 45 days from the date of its signing.

2. This Circular replaces the following documents:

– The Minister of Agriculture and Rural Development’s Circular No. 32/2006/TT-BNN of May 8, 2006, guiding the Government’s Decree No. 12/2006/ND-CP of January 23,2006, detailing the Commercial Law’s provisions on international goods trading and goods trading, processing and transit agency with foreign countries.

– The Minister of Agriculture and Rural Development’s Circular No. 101/2007/TT-BNN of December 10, 2007, amending and supplementing a number of provisions of the Minister of Agriculture and Rural Development’s Circular No. 32/2006rtT-BNN of May 8, 2006. guiding the Government’s Decree No. 12/2006/ ND-CP of January 23, 2006, detailing the Commercial Law’s provisions on international goods trading and goods trading, processing and transit agency with foreign countries.

– The Minister of Agriculture and Rural Development’s Circular No. 40/2008/TT-BNN of March 3, 2008, amending and supplementing Circular No. 101/2007/TT-BNN of December 10, 2007, amending and supplementing a number of provisions of Circular No. 32/2006/TT-BNN of May 8, 2006, guiding the Government’s Decree No. 12/2006/ND-CP of January 23,2006, detailing the Commercial Law’s provisions on international goods trading and goods trading, processing and transit agency with foreign countries.

– The Minister of Fisheries’ Decision No. 15/2006/QD-BTS  of September  8,  2006, promulgating the Regulation on management of import and export of fisheries goods.

Any difficulties and problems arising in the course of implementation of this Circular should be reported to the Ministry of Agriculture and Rural Development for timely amendment and supplementation.

 

 

MINISTER OF AGRICULTURE AND
RURAL DEVELOPMENT

Cao Duc Phat

 

APPENDIX 1

LIST OF AQUATIC SPECIES BANNED FROM EXPORT
(To the Ministry of Agriculture and Rural Development’s Circular No. 60/2009/TT-BNNPTNTof September 16, 2009)

No.

Common name

Scientific name

1

Mother of pearl

Pinctada maxima

2

Laotian shad

Macrura reevessii

3

Feather-back fish

Notopterus chitala

4

Anh vu fish

Semilabeo notabilis

5

Giant barb

Catlocarpio siamensis

6

River pipefish

Crinidens sarissophorus

7

Tarn Dao toadfish

Paramesotriton deloustali

8

Shortfin eel

Anguilla bicolor

9

Giant catfish (pabeuk)

Pangasianodon gigas

10

Black Unless porpoise

Neophocaena phocaenoides

11

White-finned dolphin

Lipotes vexillifer

12

Dolphin

Delphinidae spp

13

Whale

Balaenoptera spp

14

Isok barb (Jullien’s golden carp)

Probarbus jullieni

15

Arowana

Scheropages forniosus

16

Dugong

Dugong dugon

17

Sea turtle

Cheloniidae spp

18

Freshwater crocodile

Crocodylus siamensis

19

Saltwater crocodile

Crocodylus porosus

20

Stony corals

Stolonifera

21

Blue corals

Helioporacea

22

Black corals

Antipatharia

23

Hard-rayed corals, stony star corals

Scleractinia

 

APPENDIX 2

LIST OF AQUATIC SPECIES SUBJECT TO CONDITIONAL EXPORT
(To the Ministry of Agriculture and Rural Development’s Circular No. 60/2009/TT-BNNPTNT of September 16, 2009)

No.

Common name

Scientific name

Condition

1

Lobster:

 

 

 

a/ Pronghom spiny lobster

Panulirus penicillatus

200 mm or longer

 

b/ Scalloped spiny lobster

P. homarus

175 mm or longer

 

c/ Long-legged spiny lobster

P. longipes

160 mm or longer

 

d/ Chinese spiny lobster

P. stimpsoni

160 mm or longer

 

e/ Ornate spiny lobster

P. ornatus

230 mm or longer

 

f/ Blue spiny lobster

P. versicolor

167 mm or longer

 

g/ Mud spiny lobster

P. poliphagus

200 mm or longer

2

Grouper

Epinephelus spp

Weighing 500 g or more each

3

Amberfish

Seriola nigrofasciata

200 mm or longer

4

Milkfish

Chanos chanos

Weighing 500 g or more each

5

Horse fish

Hyppocampus spp

CITES (*)

6

Basa catfish

Pangasius bocourti

No longer live

7

Asian catfish

Pangasianodon hypophthalmus

No longer live

8

Borneo freshwater eel

Anguilla borneensis

Reared

9

Japanese eel

Anguilla japonica

Reared

10

Giant mottled eel

Anguilla marmorata

Reared

11

Common frog

Rana rugulosa

Reared

12

Green pond frog

Euphlyctis hexadactylus (Rana hexadactyla)

CITES (*)

13

Indian bullfrog

Hoplobatrachus tigerinus

CITES (*)

14

Mesoamerican river turtle

Dermatemydidae

CITES (*)

15

Asian box turtle

Cuora spp

CITES (*)

16

Green turtle

Chelonia mydas

CITES (*)

17

Mud crab

Scylla serrata

Weighing 200 g or more each

Notes:

(*) To be exported, aquatic species on the list of the CITEs must fully satisfy the following conditions:

– Being bred and reared from Fl generation in breeding establishments.

– Their breeding establishments must be certified under authorization of Vietnam’s CITES management authority.

– Rearing origin (under the CITES condition) must be certified by provincial-level Aquatic Resource Protection Sub-Departments.

 

APPENDIX 3

LIST OF FEEDS AND FEED PRODUCTION MATERIALS FOR AQUATIC AND AMPHIBIAN ANIMALS (INCLUDING ALSO AQUARIUM FISHES) SUBJECT TO CONDITIONAL IMPORT
(To the Ministry of Agriculture and Rural Development’s Circular No. 60/2009/TT-BNNPTNT of September 16, 2009)

To be imported, all goods items on this List must fully satisfy the following conditions:

– Being accompanied with originals or valid copies of permits for production and circulation of competent authorities of countries of production (applicable only to goods specified in Section B).

– Being accompanied with originals or valid copies of notices of product quality analysis results of (imported or exported) goods lots as certified by (domestic or foreign) independent laboratories to meet requirements of publicized product quality standards and contain no banned chemicals, antibiotics or growth stimulants.

No.

Name of goods

Additional condition

1

Industrial feeds (including also Artemia and dry algae of all kinds)

Meeting branch standards (by December 31, 2007) and technical regulations (from January 1, 2008) of the (former) Ministry of Fisheries

2

Processed materials for production of feeds for aquatic and amphibian animals

3

Feed supplements

3.1

Vitamins

Meeting branch standards (by December 31, 2007) and technical regulations (from January 1, 2008) of the (former) Ministry of Fisheries

3.2

Amino acids

3.3

Minerals

3.4

Biologicals (enclosed with a list of microorganism species, strains and enzymes)

Meeting branch standards (by December 31, 2007) and technical regulations (from January 1. 2008) of the (former) Ministry of Fisheries

 

APPENDIX 4

DRUGS, CHEMICALS, BIOLOGICALS AND MATERIALS FOR PRODUCTION OF DRUGS AND CHEMICALS FOR AQUACULTURE AND SUBJECT TO CONDITIONAL IMPORT
(To the Ministry of Agriculture and Rural Development’s Circular No. 60/2009/TT-BNNPTNT of September 16, 2009)

To be imported, all goods items on this List must fully satisfy the following conditions:

– Being accompanied with originals or valid copies of permits for production and circulation of competent authorities of countries of production (applicable only to goods specified in Section B).

– Being accompanied with originals or valid copies of notices of product quality analysis results of (imported or exported) goods lots as certified by (domestic or foreign) independent laboratories to meet requirements of publicized product quality standards and contain no banned chemicals, antibiotics or growth stimulants.

No.

Name of goods

Additional condition

1

Chemicals:

 

1.1

Zeolite:

SiO2 70

1.2

Dolomite:

CaMg(CO3)2 80

1.3

Limestone powder:

CaCO3 90

1.4

Calcium Hypochlorite:

Ca(OCl)2 65

1.5

BKC

Benzalkonium Chloride or alkyl dimethyl benzyl ammonium chloride 50

1.6

Iodine compounds:

Iodine concentration 10

1.7

Protectol GDA:

Glutaraldehyde 50

1.8

Trifluralin:

Trifluoro – 2,6 – Dinitro – NN – Dipropyl-2-Toluidine > 44

2

Unwanted-fish killer: tea seed meal

Saponin 12, with safe use instructions for users

3

Materials for production of aquatic veterinary drugs

Conducting the business line of production of aquatic veterinary drugs or signing contracts on sale to producers engaged in production of aquatic veterinary drugs

 

APPENDIX 5

LIST OF MICROORGANISM SPECIES, STRAINS AND ENZYMES SUBJECT TO CONDITIONAL IMPORT
(To the Ministry of Agriculture and Rural Development’s Circular No. 60/2009/TT-BNNPTNT of September 16, 2009)

To be imported, all goods items on this List must fully satisfy the following conditions:

– Being accompanied with originals or valid copies of permits for production and circulation of competent authorities of countries of production (applicable only to goods specified in Section B).

– Being accompanied with originals or valid copies of notices of product quality analysis results of (imported or exported) goods lots as certified by (domestic or foreign) independent laboratories to meet requirements of publicized product quality standards and contain no bannedchemicals, antibiotics or growth stimulants.

No.

Name of microorganism species, strain or enzyme

 

34

– Clostridium butyricum

 

Microorganisms

 

35

– Rhodopseudomonas

I

– Nitrosomonas sp

 

36

– Rhodococcus sp.

2

– Nitrobacter sp

 

37

– Rhodobacter sp.

3

– Bacillus laterrosporus

 

38

– Saccharomyces cerevisiae

4

– Bacillus licheniformis

 

39

– Pseudomonas putida

5

– Bacillus subtilis

 

40

– Pseudomonas syringae

6

– Bacillus thuringiensis

 

41

– Pseudomonas stuzeri

7

– Bacillus megaterium

 

 

 

8

– Bacillus criculans

 

42

– Pseudomonas aeruginosa

9

– Bacillus polymyxa

 

 

 

10

– Bacillus amyloliquefaciens

 

43

– Aspergillus niger

11

– Bacillus mesentericus

 

44

– Aspergillus oryzae

12

– Bacillus pumilus

 

45

– Streptococcus faecium

13

– Bacillus laevolacticus

 

46

– Acetobacillus spp

14

– Bacillus stearothermophilus

 

47

– Alcaligenes sp,

15

– Bacillus cereus

 

 

 

16

– Bacillus azotoformans

 

48

– Pichia farinose

17

– Bacillus aminovorans

 

 

 

 

 

 

49

– Dekkera bruxellensis

18

– Bacillus coagulans

 

50

– Paracoccus denitrificans

19

– Bacillus pantothenticus

 

51

-Thiobacillus versutus

20

– Lactobacillus lactis

 

 

Enzymes

21

– Lactobacillus acidophilus

 

1

– Protease

 

 

 

2

– Lipase

22

– Lactobacillus bifidobacterium

 

3

– Amylase

23

– Lactobacillus helveticus

 

 

 

24

– Lactobacillus planrarum

 

4

– Hemicellulase

 

 

 

5

– Pectinase

25

– Lactobacillus sporogenes

 

6

– Cellulase

26

– Pediococcus acidilactici

 

7

– Alpha galactosidase

 

 

 

8

– Xylanase

27

– Pediococcus pentosaceus

 

9

– Isomerase

28

– Candida utilis

 

10

– Catalase

 

 

 

11

– Esterase

30

– Bacteroides ruminicola

 

 

 

31

– Bacteroides succinogenes

 

12

– Hydrolase

32

– Cellulomonas

 

13

– Oxidoreductase

33

– Enterobacter

 

14

– Beta glucannage

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