
I. Which forms of cage/raft aquaculture must be registered?
According to Clauses 1 and 2, Article 36 of Decree No. 37/2024/NĐ-CP:
- The competent authority for issuing a Certificate of Registration is the provincial-level fisheries management agency, which grants registration for cage/raft aquaculture involving key aquaculture species.
- Registration is required for aquaculture in cages, hanging nets, tidal flats, sea, rivers, lakes, and natural lagoons.
II. Registration procedures for cage/raft aquaculture (effective from May 19, 2024)
According to Clauses 5 and 6, Article 36 of Decree No. 37/2024/NĐ-CP, registration or re-registration of cage/raft aquaculture with key species includes:
- Aquaculture establishments must submit their dossiers to the provincial fisheries management authority.
- Within 07 working days from the date of receiving a complete dossier, the authority shall review the application based on approved local aquaculture plans, projects, and regulations. If eligible, a Certificate of Registration will be issued using Form No. 28.NT, Appendix III of the Decree. If denied, a written response with clear reasons must be provided.
- Re-registration is required in cases where: the Certificate of Registration is lost or damaged; there is a change in the farm owner; or changes in production scale or cultured species occur.
III. Required documents for registration
According to Clauses 3 and 4, Article 36 of Decree No. 37/2024/NĐ-CP, the dossier includes:
- For first-time registration:
- Application form using Form No. 26.NT, Appendix III of the Decree.
- Site layout map of ponds/cages certified by the farm owner.
- For re-registration:
- Application form using Form No. 27.NT, Appendix III of the Decree.
- The original Certificate of Registration (unless lost).
- Updated site layout map (if there is a change in production scale).
- Legal documents proving change of ownership (if applicable).
IV. Revocation of registration certificates
As provided in Clause 7, Article 36 of Decree No. 37/2024/NĐ-CP, a Certificate of Registration for cage/raft aquaculture may be revoked in the following cases:
- The certificate is erased, altered, or falsified.
- The certificate holder commits violations of law requiring revocation.
The competent authority that issued the Certificate also holds the authority to revoke it.
V. Commentary
Article 36 of Decree No. 37/2024/NĐ-CP demonstrates the State’s strict and transparent approach to managing cage/raft aquaculture. It clearly defines the competent authority, registration procedures, required documents, processing timelines, as well as conditions for re-registration and revocation. These measures help ensure better control, prevent spontaneous and unregulated farming activities that may harm the environment, and enhance accurate management data. This provides an important legal foundation for developing aquaculture sustainably, aligned with planning and community interests.
However, the detailed requirements may impose administrative burdens on small-scale farmers, particularly in cases of changing production scale or losing certificates. Therefore, alongside strict management, there is a need for supportive mechanisms, flexible guidance, and the use of digital technology to simplify procedures and create more favorable conditions for individuals and enterprises engaged in aquaculture.
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