DECIDES:

Article 1.- To adopt urgent measures to control antibiotic and chemical residues in seafood exports to Japan as follows:

1. Only enterprises meeting food safety requirements of the Ministry of Fisheries may export seafood to Japan. These enterprises must have 100% of their shipments of crustaceans, mollusks and products processed from these aquatic materials (below referred to as crustacean and mollusk shipments) examined for state certification of residues of banned antibiotics and chemicals before these shipments are exported to Japan.

2. After the time this Decision takes effect, enterprises falling into the following cases may not export crustacean and mollusk shipments to Japan:

a/ Enterprises that have more than two shipments warned as containing banned antibiotics and have another shipment warned by Japan as containing banned antibiotics;

b/ Enterprises that have from one to two shipments warned as containing banned antibiotics have two shipments warned by Japan as containing banned antibiotics;

c/ Enterprises that have not had any shipments warned as containing antibiotics have three shipments warned by Japan as containing banned antibiotics.

Enterprises may export crustacean and mollusk shipments to Japan again only after they have made reports which properly identify the causes, applied effective remedy measures and had their efforts examined and recognized by the National Fisheries Quality Assurance and Veterinary Directorate.

3. To exempt enterprises having 10 consecutive crustacean and mollusk shipments which are not warned as containing banned antibiotics and chemicals by a competent Japanese state agencies since January 1, 2007, from compulsory examination for certification under Clause 1 of this Article. Enterprises will have 100% of their shipments examined under Clause 1 of this Article if they then have crustacean and mollusk shipments detected in Japan as containing residues of banned antibiotics and chemicals.

4. When enterprises use imported raw materials for export production, 100% of the shipments of imported raw materials must be examined on residues of banned antibiotics and chemicals; and the raw materials' place of origin must be indicated on shipments of processed products; and full information on the raw materials' origin must be kept for supply upon request.

Article 2.- The National Fisheries Quality Assurance and Veterinary Directorate have the responsibilities:

1. To guide enterprises and regional fisheries quality assurance and veterinary centers to implement this Decision.

2. To update on a regular basis and send to the General Department of Customs a list of enterprises qualified for export to Japan.

3. To raise the capacity of testing sections of regional fisheries quality assurance and veterinary centers and actively support testing sections authorized by the National Fisheries Quality Assurance and Veterinary Directorate to analyze antibiotic and chemical residues in service of state certification in order to ensure timeliness and accuracy in the examination and announcement of analysis results and the grant of certificates to shipments.

4. To regularly send updated reports to the Ministry of Fisheries and announce groups of seafood products and antibiotics and chemicals banned from use and subject to examination under Clause 1 of Article 1.

5. To promptly elaborate a mechanism to reduce state inspection of production conditions and shipment sampling for examination for enterprises that have a reputation for product quality and are capable of examining on their own food hygiene and safety conditions and examining for certification shipments according to regulations.

Article 3.- This Decision takes effect 15 days after its publication in "CONG BAO" and replaces the Fisheries Minister's Decision No. 1052/QD-BTS of December 14, 2006, on the increase of examination of seafood exports to Japan.

Article 4.- The director of the Office and heads of units under the Ministry, directors of provincial/municipal Fisheries Services and Agriculture and Rural Development Services performing seafood management, the Vietnam Association of Seafood Exporters and Processors, and seafood processing and export enterprises shall implement this Decision.