Circular No. 17/2025/TT-BNNMT on the分级管理国家权力的规定，在农产品和水产品的质量监管领域

CIRCULAR

Regulations on the分级管理国家权力在农产品、林产品和水产品质量管理领域的规定

On the basis of The Government Organization Law 2025;

On the basis of Law on Local Administration Organization in 2025;

Pursuant to Resolution No. Decision 190/2025/QH15 regarding the handling of certain issues related to the restructuring of state administrative bodies;

Decree No. Decree No. 136/2025/NĐ-CP dated June 12, 2025 of the Government stipulating decentralization and delegation in the agriculture and environment sector;

Decree No. 35/2025/NĐ-CP dated February 25, 2025, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

At the proposal of the Director of the Quality Processing and Market Development Department;

The Minister of Agriculture and Rural Development promulgates this Circular regulating the decentralization of national management power in the field of agricultural, forestry, and aquatic product quality management.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the decentralization of national management power in the field of agricultural, forestry, and aquatic product quality management including:

1. Detailed regulations and guidance for implementing Decree No. 136/2025/NĐ-CP dated June 12, 2025 of the Government stipulating decentralization and delegation in the agriculture and environment sector.

2. Amending and supplementing some articles of normative legal documents within the authority to issue of the Minister of Agriculture and Rural Development to implement the decentralization of national management power in the field of agricultural, forestry, and aquatic product quality management.

Article 2. Applicability

This Circular applies to central administrative agencies, local governments, and organizations and individuals involved in the field of agricultural, forestry, and aquatic product quality management.

Chapter II
REGULATIONS ON ARTICLE 29 OF DECREE NO. 136/2025/NĐ-CP DATED JUNE 12, 2025 OF THE GOVERNMENT STIPULATING DECENTRALIZATION AND DELEGATION IN THE AGRICULTURE AND ENVIRONMENT SECTOR

Article 3. Issuing Certificates of Food Safety Conditions for food production and business establishments

1. The application dossier for issuing Certificates of Food Safety Conditions for food production and business establishments is specified in Clause 1 of Article 36 of the Food Safety Law, specifically as follows:

a) Application form for issuing Certificate of Food Safety Conditions according to Model I attached to this Circular;

b) Copy of Business Registration Certificate;

c) Description of facilities, equipment, and tools ensuring food safety conditions according to Model II attached to this Circular;

d) Health certificate of the establishment owner and persons directly engaged in food production and business issued by a health care facility with appropriate qualifications;

đ) Training certificate on food hygiene and safety knowledge of the establishment owner and persons directly engaged in food production and business as prescribed;

2. Procedures and formalities:

a) Organizations and individuals submit one set of the application dossier for issuing Certificate of Food Safety Conditions to the specialized agency designated by the Chairman of the Provincial People's Committee to receive applications (hereinafter referred to as the receiving agency) through direct submission, online submission, or postal service;

b) The receiving agency immediately responds to the completeness of the dossier for direct submissions; responds to the completeness of the dossier within one working day for online submissions or postal service submissions in writing;

c) The specialized agency designated by the Chairman of the Provincial People's Committee to handle administrative procedures (hereinafter referred to as the competent agency) conducts a review of the completeness and validity of the dossier and informs the establishment of the results, the expected date of inspection if the dossier is valid; or informs that the dossier does not meet requirements and specifies the reasons;

d) Within fifteen days from the date of receipt of a complete and valid dossier:

- The competent agency issues a decision to establish an inspection team immediately upon notification of a valid dossier.

- The inspection team announces the decision to establish the team, specifying the purpose and content of the inspection;

- Conduct on-site inspection: reviewing and evaluating the dossier, records, assessing the actual conditions ensuring food safety at the establishment including workshops, equipment, management resources, food safety management programs, traceability and recall, and handling non-compliant products; interviewing relevant parties, taking samples if necessary according to regulations.

- Prepare an inspection report and notify the establishment representative of the inspection results according to Model II of Circular No. 17/2024/TT-BNNPTNT dated November 28, 2024 of the Ministry of Agriculture and Rural Development (hereinafter referred to as Circular No. 17/2024/TT-BNNPTNT)If violations are discovered during the inspection, the inspection team prepares a work record or administrative violation record to transfer to the competent authority for handling according to the law.

- After receiving the inspection report from the inspection team, the competent agency reviews the report (requesting the inspection team to explain the evaluation results if necessary).

- Issue the Certificate of Food Safety Conditions according to Model V of Circular No. 17/2024/TT-BNNPTNT in the following cases:

+ The establishment meets the requirements for food safety conditions and has satisfactory testing results when samples are taken during the inspection.

+ In cases where the testing results do not meet food safety standards, issuance of the Certificate can only be carried out after the establishment investigates the cause, implements corrective measures, and passes the inspection by the competent agency.

+ In cases where the inspection results are unsatisfactory but the establishment submits a corrective report and passes the review by the inspection team within the time limit for issuing the Certificate, the competent agency reviews and issues the Certificate.

- In cases where the inspection results are unsatisfactory and the establishment fails to correct within the required timeframe, the competent agency issues a notice of the inspection results, does not issue the Certificate, and sends it to the local food safety management agency for supervision to ensure the establishment does not operate.

3. The Certificate is valid for three years from the date of issuance.

Article 4. Issuance of Free Circulation Certificate (CFS) for Export Goods under the Management of the Ministry of Agriculture and Environment

1. The application dossier for issuing the Free Circulation Certificate (CFS) for export goods under the management of the Ministry of Agriculture and Environment is stipulated at point a, Clause 3, Article 11 of Decree No. 69/2018/NĐ-CP dated May 15, 2018, detailing certain provisions of the Law on Foreign Trade Management, specifically as follows:

a) A request letter for issuing the CFS clearly stating the name of the goods, HS code of the goods, product standard certification number or registration number, standard code (if any), compound content (if any), importing country: 01 (one) original copy, in both Vietnamese and English;

b) Investment certificate or business registration certificate, enterprise registration certificate: 01 (one) certified copy by the trader;

c) List of production facilities (if any), including the name and address of the facility, export products produced: 01 (one) original copy;

d) Standard declaration applicable to the product, goods, accompanied by its representation (on the product label or packaging or accompanying documents): 01 (one) certified copy by the trader.

2. Procedures and formalities:

As specified in Item 1 of Appendix VI of Decree No. 136/2025/NĐ-CP dated June 12, 2025, providing for decentralization in the field of agriculture and environment.

Article 5. Amendment, Supplement/Reissuance of Free Circulation Certificate (CFS) for Export Goods under the Management of the Ministry of Agriculture and Environment

1. The application dossier for amending, supplementing/reissuing the Free Circulation Certificate (CFS) for export goods under the management of the Ministry of Agriculture and Environment is stipulated at point e, Clause 3, Article 11 of Decree No. 69/2018/NĐ-CP dated May 15, 2018, detailing certain provisions of the Law on Foreign Trade Management, specifically as follows:

a) A request letter for amending, supplementing/reissuing the CFS from the trader: 01 (one) original copy;

b) Relevant documents related to the amendment, supplementation/reissuance of the CFS.

2. Procedures and formalities:

As specified in Item 2 of Appendix VI of Decree No. 136/2025/NĐ-CP dated June 12, 2025, providing for decentralization in the field of agriculture and environment.

Article 6. Designation of Food Testing Facilities for State Management

1. Conditions for testing facilities:

a) Legal entity requirements:

Established in accordance with the law; having food testing functions or a Decision assigning tasks by competent authorities.

b) Competence requirements:

The competence of the testing facility for registered inspection items must meet the following requirements:

- Quality management system complying with National Standard TCVN ISO/IEC 17025:2007 or International Standard ISO/IEC 17025:2005;

- Having sufficient equipment and infrastructure suitable for testing requirements and the designated inspection area;

- Having at least 02 (two) testing officers who are technical staff with a bachelor's degree relevant to the designated inspection area, trained and having at least three years of practical experience in testing within the same field;

- Testing methods being updated and confirmed for their usability, analytical/testing capabilities for registered inspection items meeting regulations or technical standards and other relevant requirements according to the industry management ministry;

- Proficiency test results or inter-laboratory comparison results meeting requirements for at least one registered inspection item.

2. The registration dossier is stipulated at points a, b, c, d, Clause 3, Article 6 of Circular Joint No. 20/2013/TTLT-BYT-BCT-BNNPTNT dated August 1, 2013, between the Ministry of Health, the Ministry of Industry and Trade, and the Ministry of Agriculture and Rural Development on conditions and procedures for designating food testing facilities for state management (hereinafter referred to as Circular Joint No. 20/2013/TTLT-BYT-BCT-BNNPTNT), specifically as follows:

a) Application form for designating a testing facility according to the model prescribed in Appendix 1 issued together with Circular Joint No. 20/2013/TTLT-BYT-BCT-BNNPTNT;

b) Establishment decision or business registration certificate (certified copy);

c) Technical documentation and related procedures concerning registered inspection items/tests;

d) Competence dossier:

- List, equipment and infrastructure dossier (consistent with the content of the testing facility activity capability report according to the model prescribed in Appendix 2 issued together with Circular Joint No. 20/2013/TTLT-BYT-BCT-BNNPTNT);

- List, testing officer dossier corresponding to the registered inspection area, accompanied by certified copies of professional certificates;

- Documentation proving quality assurance in testing: plans, proficiency test results or inter-laboratory comparison results; reports on the skill verification test results of testing officers for registered inspection items/tests;

- Testing facility capability report according to the model prescribed in Appendix 2 issued together with Circular Joint No. 20/2013/TTLT-BYT-BCT-BNNPTNT;

- Sample Test Result Report according to the model prescribed in Appendix 3 issued together with Circular Joint No. 20/2013/TTLT-BYT-BCT-BNNPTNT;

- Testing activity results for the registered inspection area in the last 12 (twelve) months according to the model prescribed in Appendix 4 issued according to Circular Joint No. 20/2013/TTLT-BYT-BCT-BNNPTNT.

3. Procedures:

a) Testing facilities that meet the requirements stipulated in Clause 1 of this Article submit 01 (one) set of the registration dossier to the agency assigned by the Chairman of the Provincial People's Committee to receive applications (hereinafter referred to as the dossier receiving agency) through direct submission, online, or postal service;

b) The receiving agency immediately responds to the completeness of the dossier for direct submissions; responds to the completeness of the dossier within one working day for online submissions or postal service submissions in writing;

c) Within no more than 10 (ten) working days from the date of receipt of the dossier, the specialized agency assigned by the Chairman of the Provincial People's Committee to handle administrative procedures (hereinafter referred to as the designation agency) will review the dossier. If there is a need for amendments or supplements, a notification must be issued to the submitting unit to complete the dossier in accordance with the regulations.

d) Within fifteen (15) working days from the date of receiving complete and valid files, the designated authority shall issue a decision to establish the inspection laboratory evaluation team.

đ) The inspection laboratory evaluation team shall consist of members with specialized knowledge and experience in the field of evaluation and designation.

e) The decision to establish the evaluation team must clearly specify the scope and content of the evaluation, the list of members and their assigned responsibilities for conducting the evaluation at the inspection laboratory. Within five (5) working days from the completion of the evaluation at the facility, the evaluation team must submit the conclusion to the designated authority (in accordance with the Model Evaluation Report for Inspection Laboratories as stipulated in Appendix 5 issued together with Circular Joint Circular No. 20/2013/TTLT-BYT-BCT-BNNPTNT).

g) Within fifteen (15) working days from the receipt of the evaluation team's conclusion, the designated authority shall be responsible for reviewing and designating the inspection laboratory if it meets the requirements (as specified in the Model Decision on Designation as stipulated in Appendix III issued together with this Circular). If it does not meet the requirements, the designated authority shall notify in writing the reasons for not designating the inspection laboratory.

h) In cases where necessary, the designated authority may establish an advisory board before issuing the Decision on Designation.

4. The Decision on Designation shall be effective for three (3) years from the date of issuance.

Article 7. Designation of food inspection laboratories recognized according to National Standard TCVN ISO/IEC 17025:2007 or International Standard ISO/IEC 17025:2005.

1. The registration dossier for designation is prescribed in point đ, Clause 3, Article 6 of Joint Circular No. 20/2013/TTLT-BYT-BCT-BNNPTNT, specifically as follows:

a) Application form for designating a testing facility according to the model prescribed in Appendix 1 issued together with Circular Joint No. 20/2013/TTLT-BYT-BCT-BNNPTNT;

b) Establishment decision or business registration certificate (certified copy);

c) Technical documents, technical files, and related procedures concerning the criteria/tests for registration of designation.

d) Competence dossier:

- List, equipment and infrastructure dossier (consistent with the content of the testing facility activity capability report according to the model prescribed in Appendix 2 issued together with Circular Joint No. 20/2013/TTLT-BYT-BCT-BNNPTNT);

- List, testing officer dossier corresponding to the registered inspection area, accompanied by certified copies of professional certificates;

- Documentation proving quality assurance in testing: plans, proficiency test results or inter-laboratory comparison results; reports on the skill verification test results of testing officers for registered inspection items/tests;

- Testing facility capability report according to the model prescribed in Appendix 2 issued together with Circular Joint No. 20/2013/TTLT-BYT-BCT-BNNPTNT;

- Sample Test Result Report according to the model prescribed in Appendix 3 issued together with Circular Joint No. 20/2013/TTLT-BYT-BCT-BNNPTNT;

- Results of testing activities in the field of registration for the last twelve (12) months according to the model stipulated in Appendix 4 issued under Joint Circular No. 20/2013/TTLT-BYT-BCT-BNNPTNT;

đ) Certification of recognition of National Standard TCVN ISO/IEC 17025:2007 or International Standard ISO/IEC 17025:2005, list and scope of recognition (certified copy).

2. Procedures and formalities for designation:

a) An inspection laboratory that meets the requirements stipulated in Clause 1, Article 6 of this Circular shall submit one (1) set of the registration dossier for designation to the agency designated by the Chairman of the Provincial People's Committee to receive the dossier (hereinafter referred to as the dossier receiving agency) through direct submission, electronic environment, or postal service.

b) The receiving agency immediately responds to the completeness of the dossier for direct submissions; responds to the completeness of the dossier within one working day for online submissions or postal service submissions in writing;

c) Within no more than 10 (ten) working days from the date of receipt of the dossier, the specialized agency assigned by the Chairman of the Provincial People's Committee to handle administrative procedures (hereinafter referred to as the designation agency) will review the dossier. If there is a need for amendments or supplements, a notification must be issued to the submitting unit to complete the dossier in accordance with the regulations.

d) Within no more than thirty (30) working days from the date of receiving complete and valid files, the designated authority shall review the dossier. If the capacity dossier meets the requirements stipulated in Clause 1, Article 6 of this Circular and the requirements of the relevant ministry, the designated authority shall issue a Decision on Designation of the inspection laboratory along with a list of criteria/tests (as specified in the Model Decision on Designation as stipulated in Appendix III issued together with this Circular). In case the dossier does not meet the requirements, the designated authority must notify in writing the reasons for not designating the inspection laboratory.

đ) In cases where necessary (the results of the dossier review are insufficient to conclude that the laboratory's analytical capacity meets the requirements stipulated in point b, Clause 1, Article 6 of this Circular), the designated authority will establish an evaluation team to conduct an on-site evaluation at the inspection laboratory.

3. The Decision on Designation shall be effective for three (3) years from the date of issuance.

Article 8. Extension of Designation for Food Testing Facilities Serving State Management

1. The application dossier for extension of designation shall be specified in Article 7 of Circular Joint Circular No. 20/2013/TTLT-BYT-BCT-BNNPTNT, specifically as follows:

a) An application form for extension of designation of testing facility according to the model prescribed in Appendix 1 attached to Joint Circular No. 20/2013/TTLT-BYT-BCT-BNNPTNT;

b) Results of inter-laboratory comparison and proficiency testing for parameters/tests conducted by competent state management agencies or from proficiency testing providers related to the scope of the organization's registration;

c) A report on the performance of testing activities during the period of designation according to the model prescribed in Appendix 4 attached to Joint Circular No. 20/2013/TTLT-BYT-BCT-BNNPTNT.

2. Procedures and formalities:

a) Before ninety (90) days prior to the expiry of the designation decision, the testing facility shall submit one (1) set of the application dossier for extension of designation to the agency designated by the Chairman of the Provincial People's Committee to receive applications (hereinafter referred to as the receiving agency) through direct submission, online environment, or postal service;

b) The receiving agency immediately responds to the completeness of the dossier for direct submissions; responds to the completeness of the dossier within one working day for online submissions or postal service submissions in writing;

c) Within no more than 10 (ten) working days from the date of receipt of the dossier, the specialized agency assigned by the Chairman of the Provincial People's Committee to handle administrative procedures (hereinafter referred to as the designation agency) will review the dossier. If there is a need for amendments or supplements, a notification must be issued to the submitting unit to complete the dossier in accordance with the regulations.

d) Within fifteen (15) working days from the date of receipt of a complete and valid dossier, the designating agency shall issue a decision to establish an evaluation team for the testing facility.

đ) The inspection laboratory evaluation team shall consist of members with specialized knowledge and experience in the field of evaluation and designation.

e) The decision to establish the evaluation team must clearly specify the scope and content of the evaluation, the list of members and their assigned responsibilities for conducting the evaluation at the inspection laboratory. Within five (5) working days from the completion of the evaluation at the facility, the evaluation team must submit the conclusion to the designated authority (in accordance with the Model Evaluation Report for Inspection Laboratories as stipulated in Appendix 5 issued together with Circular Joint Circular No. 20/2013/TTLT-BYT-BCT-BNNPTNT).

g) Within fifteen (15) working days from the receipt of the evaluation team's conclusion, the designated authority shall be responsible for reviewing and designating the inspection laboratory if it meets the requirements (as specified in the Model Decision on Designation as stipulated in Appendix III issued together with this Circular). If it does not meet the requirements, the designated authority shall notify in writing the reasons for not designating the inspection laboratory.

h) In cases where necessary, the designated authority may establish an advisory board before issuing the Decision on Designation.

Article 9. Change and Supplement of Scope of Designation for Food Testing Facilities Serving State Management

1. The application dossier for change and supplement of scope of designation shall be specified in Article 8 of Joint Circular No. 20/2013/TTLT-BYT-BCT-BNNPTNT, specifically as follows:

a) Application form for designating a testing facility according to the model prescribed in Appendix 1 issued together with Circular Joint No. 20/2013/TTLT-BYT-BCT-BNNPTNT;

b) Establishment decision or business registration certificate (certified copy);

c) Technical documents, technical files, and related procedures concerning the criteria/tests for registration of designation.

d) Competence dossier:

- List, equipment and infrastructure dossier (consistent with the content of the testing facility activity capability report according to the model prescribed in Appendix 2 issued together with Circular Joint No. 20/2013/TTLT-BYT-BCT-BNNPTNT);

- List, testing officer dossier corresponding to the registered inspection area, accompanied by certified copies of professional certificates;

- Documentation proving quality assurance in testing: plans, proficiency test results or inter-laboratory comparison results; reports on the skill verification test results of testing officers for registered inspection items/tests;

- Testing facility capability report according to the model prescribed in Appendix 2 issued together with Circular Joint No. 20/2013/TTLT-BYT-BCT-BNNPTNT;

- Model of Test Result Report as prescribed in Appendix 3 attached to Joint Circular No. 20/2013/TTLT-BYT-BCT-BNNPTNT;

- Testing activity results for the registered inspection area in the last 12 (twelve) months according to the model prescribed in Appendix 4 issued according to Circular Joint No. 20/2013/TTLT-BYT-BCT-BNNPTNT.

2. Procedures and formalities:

a) The testing facility shall submit one (1) set of the application dossier for change and supplement of scope of designation to the agency designated by the Chairman of the Provincial People's Committee to receive applications (hereinafter referred to as the receiving agency) through direct submission, online environment, or postal service;

b) The receiving agency immediately responds to the completeness of the dossier for direct submissions; responds to the completeness of the dossier within one working day for online submissions or postal service submissions in writing;

c) Within no more than 10 (ten) working days from the date of receipt of the dossier, the specialized agency assigned by the Chairman of the Provincial People's Committee to handle administrative procedures (hereinafter referred to as the designation agency) will review the dossier. If there is a need for amendments or supplements, a notification must be issued to the submitting unit to complete the dossier in accordance with the regulations.

d) Within fifteen (15) working days from the date of receiving complete and valid files, the designated authority shall issue a decision to establish the inspection laboratory evaluation team.

đ) The inspection laboratory evaluation team shall consist of members with specialized knowledge and experience in the field of evaluation and designation.

e) The decision to establish the evaluation team must clearly specify the scope and content of the evaluation, the list of members and their assigned responsibilities for conducting the evaluation at the inspection laboratory. Within five (5) working days from the completion of the evaluation at the facility, the evaluation team must submit the conclusion to the designated authority (in accordance with the Model Evaluation Report for Inspection Laboratories as stipulated in Appendix 5 issued together with Circular Joint Circular No. 20/2013/TTLT-BYT-BCT-BNNPTNT).

g) Within fifteen (15) working days from the receipt of the evaluation team's conclusion, the designated authority shall be responsible for reviewing and designating the inspection laboratory if it meets the requirements (as specified in the Model Decision on Designation as stipulated in Appendix III issued together with this Circular). If it does not meet the requirements, the designated authority shall notify in writing the reasons for not designating the inspection laboratory.

h) In cases where necessary, the designated authority may establish an advisory board before issuing the Decision on Designation.

Article 10. Exemption from Supervisory Inspection for Food Testing Facilities

1. The application dossier for exemption from supervisory inspection shall be specified in Clause 2 of Article 16 of Joint Circular No. 20/2013/TTLT-BYT-BCT-BNNPTNT, specifically as follows:

a) A letter requesting exemption from inspection;

b) A supervision record issued by the accreditation body for conformity to National Standard TCVN ISO/IEC 17025 or International Standard ISO/IEC 17025 (within twelve (12) months from the date of submission of the dossier);

c) A report on activities over a period of twelve (12) months from the date of submission of the dossier, detailing the self-assessment results of the testing facility's analytical capabilities against relevant regulations of the sectoral management ministry;

2. Procedures and formalities:

a) A food testing facility that has been evaluated and certified according to National Standard TCVN ISO/IEC 17025:2007 or International Standard ISO/IEC 17025:2005 by a legally recognized accreditation organization in Vietnam or an international accreditation organization that is a member of the International Laboratory Accreditation Cooperation or Asia Pacific Laboratory Accreditation Cooperation, and meets all requirements stipulated in Clause 1 of Article 6 of this Circular and other relevant regulations of the sectoral management ministry, shall submit one (1) set of the application dossier for exemption from supervisory inspection to the agency designated by the Chairman of the Provincial People's Committee to receive applications (hereinafter referred to as the receiving agency) through direct submission, online environment, or postal service;

b) The receiving agency immediately responds to the completeness of the dossier for direct submissions; responds to the completeness of the dossier within one working day for online submissions or postal service submissions in writing;

c) Within no more than five (5) working days from the date of receipt of a complete and valid dossier, the specialized agency designated by the Chairman of the Provincial People's Committee to handle administrative procedures shall review the dossier and respond in writing to the testing facility;

3. Annually, testing facilities exempted from inspection must still undergo surprise inspections and supervision by the management authority.

Chapter III
AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF CIRCULARS IN THE FIELD OF QUALITY MANAGEMENT FOR AGRICULTURAL, FORESTRY, AND FISHERIES PRODUCTS

Article 11. Amend and supplement some Articles of Circular No. 38/2018/TT-BNNPTNT dated December 25, 2018 of the Minister of Agriculture and Rural Development on the examination and certification of food production and business establishments under the management of the Ministry of Agriculture and Rural Development to meet food safety conditions, amended and supplemented by Circular No. 17/2024/TT-BNNPTNT as follows:

1. Amend and supplement Article 5 of Circular No. 38/2018/TT-BNNPTNT amended by Clause 5 of Article 1 of Circular No. 17/2024/TT-BNNPTNT as follows:

"Article 5. Competent authority for issuing, revoking the Food Safety Assurance Certificate (hereinafter referred to as the Certificate); inspecting food safety for agricultural, forestry, aquatic food production and business establishments in the locality and other localities' fishing vessels upon request shall be specialized agencies authorized by the Chairman of the Provincial People's Committee." (hereinafter referred to as the Certificate); food safety inspection

The competent authority shall issue, revoke the Certificate; conduct food safety inspections for production and business establishments dealing with agricultural, forestry, aquatic products at the local level and fishing vessels from other localities that have such needs, which are specialized agencies authorized by the Chairman of the Provincial People's Committee.

2. Amend and supplement Clause 1 of Article 19 of Circular No. 38/2018/TT-BNNPTNT amended by Clause 21 of Article 1 of Circular No. 17/2024/TT-BNNPTNT as follows:

2. Amend and supplement Clause 1 of Article 19 of Circular No. 38/2018/TT-BNNPTNT amended by Clause 21 of Article 1 of Circular No. 17/2024/TT-BNNPTNT as follows:

"1. The provisions on the competent authority as stipulated in Article 5 of this Circular."

“1. Take the lead and coordinate with relevant agencies to submit to the Chairman of the Provincial People's Committee for promulgation the provisions on the Competent Authority as stipulated in Article 5 of this Circular.”

3. Amend and supplement Clause 1 of Article 20 of Circular No. 38/2018/TT-BNNPTNT amended by Clause 22 of Article 1 of Circular No. 17/2024/TT-BNNPTNT as follows:

1. Amend and supplement Clause 1 of Article 1 of Circular No. 48/2013/TT-BNNPTNT amended by Clause 2 of Article 2 of Circular No. 17/2024/TT-BNNPTNT as follows:

4. Amend, supplement, abolish, and replace some Articles and Appendices of the Circular as follows: Abolish Clause 4, Clause 5, Clause 6, Clause 7 of Article 21 of Circular No. 38/2018/TT-BNNPTNT amended by Clause 23 of Article 1 of Circular No. 17/2024/TT-BNNPTNT.

Article 12. Amend and supplement some Articles of Circular No. 48/2013/TT-BNNPTNT dated November 12, 2013 of the Minister of Agriculture and Rural Development on inspection and certification of food safety for exported aquatic products, amended and supplemented by Circular No. 17/2024/TT-BNNPTNT as follows:

1. Amend and supplement Clause 1 of Article 1 of Circular No. 48/2013/TT-BNNPTNT amended by Clause 2 of Article 2 of Circular No. 17/2024/TT-BNNPTNT as follows:

"1. Documents, procedures, authority for issuing food safety certificates, quarantine certificates, or other related certificates for batches of aquatic food, processed foods, and multi-component foods registered for export to countries and territories requiring the Vietnamese Authority to establish, register, and supplement the list of permitted exporters (hereinafter referred to as the Export List)."

c) For batches of aquatic products and mixed food products containing aquatic products intended for export and requiring quarantine certification according to the importing market's regulations, the agency responsible for assessment and issuance of certificates as provided for in Clause 2 of Article 5 of this Circular shall simultaneously perform the functions of assessing and certifying food safety (FS) and quarantine.

2. Amend and supplement Clause 1 of Article 2 of Circular No. 48/2013/TT-BNNPTNT amended by Clause 3 of Article 2 of Circular No. 17/2024/TT-BNNPTNT as follows:

"1. The subjects include:

a) Aquatic food production and business establishments that have been issued a Food Safety Certificate according to Circular No. 38/2018/TT-BNNPTNT or another certificate according to Point k, Clause 1 of Article 12 of Decree No. 15/2018/NĐ-CP dated February 2, 2018, still in effect, which wish to participate in the production, processing, preservation, and export chain of aquatic food to countries and territories requiring registration, establishment, and supplementation of the Export List;

b) Batches of aquatic products and aquatic product mixtures containing aquatic products intended for export to countries and territories requiring issuance of a food safety certificate or quarantine certificate by the Vietnamese Authority;

c) For batches of aquatic products and aquatic product mixtures containing aquatic products intended for export requiring quarantine certification according to the importing market's regulations, the agency responsible for examination and issuance of certificates as stipulated in Clause 2 of Article 5 of this Circular will simultaneously conduct food safety examination and certification and quarantine activities."

c) Repeal the phrase "issue the Food Safety Certificate" in the following clauses and articles: Article 4, point a Clause 1 of Article 37, point d Clause 1 of Article 41 of Circular No. 48/2013/TT-BNNPTNT amended by Clauses 5, 17, 36, 42 of Article 2 of Circular No. 17/2024/TT-BNNPTNT;

3. Amend and supplement Clause 1 of Article 5 of Circular No. 48/2013/TT-BNNPTNT amended by Clause 6 of Article 2 of Circular No. 17/2024/TT-BNNPTNT as follows:

"1. The agency responsible for establishing, registering, and supplementing the Export List (hereinafter referred to as the Competent Authority) is: The Quality Control, Processing, and Market Development Department and its subordinate branches assigned to implement by region (Central Region Quality Control, Processing, and Market Development Branch, Southern Region Quality Control, Processing, and Market Development Branch)"

Chapter IV
IMPLEMENTING PROVISIONS

Article 13. Effective Date

This Circular shall take effect from July 1, 2025.

Article 14. Transitional Provisions

4. Amend, supplement, abolish, and replace some Articles and Appendices of the Circular as follows:

2. For organizations and individuals who have submitted applications to perform administrative procedures before this Circular takes effect, the administrative procedure handling agency shall implement according to the current regulations at the time when the organization or individual submits the application; except in cases where the organization or individual requests implementation in accordance with the provisions of this Circular.

3. In cases where legal normative documents, technical standards, and technical regulations referred to and applied in this Circular are amended, supplemented, or replaced by corresponding new documents, they shall be implemented according to those new documents.

Article 15. Responsibility for Implementation

1. The heads of units under the Ministry of Agriculture and Rural Development, the Chairpersons of the People's Committees of provinces, the Directors of Departments of Agriculture and Rural Development of centrally governed cities, and related organizations and individuals are responsible for implementing this Circular.

2. During the implementation process, if there are difficulties, obstacles, or newly emerging issues are discovered, organizations and individuals shall promptly report to the Ministry of Agriculture and Rural Development for review and appropriate amendments and supplements.