Circular No. 74/2025/TT-BNNMT on certification of aquatic products for export to the United States market

 CIRCULAR

REGULATIONS ON CERTIFICATION OF AQUATIC PRODUCTS AND AQUATIC PRODUCT EXPORTS TO THE UNITED STATES MARKET

Pursuant to the Fisheries Law No. 18/2017/QH14 dated November 21, 2017, and the Law Amending and Supplementing 15 Laws in the Agriculture and Environment Sector No. 146/2025/QH15 dated December 11, 2025;

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

At the proposal of the Director of the Fisheries and Aquaculture Inspection Department;

The Minister of Agriculture and Rural Development issues this Circular on certification of aquatic products and aquatic product exports to the United States market.

Article 1. Scope of Regulation

This Circular stipulates the certification of aquatic products and aquatic products meeting requirements for protecting marine mammal species for export to the United States market or to other countries and territories for further export to the United States market when required.

Article 2. Applicability

Organizations and individuals involved in activities related to fishing, aquaculture, purchasing, preliminary processing, processing, buying, selling, exporting, and importing aquatic products and aquatic products for export to the United States market or to other countries and territories for further export to the United States market when required.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Certificate of Admissibility (COA) for aquatic products and aquatic products meeting export requirements to the United States - Certification of admissibility (hereinafter referred to as COA) is a form according to the guidelines of the United States, used for certain aquatic products and aquatic products exported to the United States or to other countries and territories with requirements for export to the United States market to certify that aquatic products and aquatic products are not prohibited from importation into the United States market.

2. Aquatic products and aquatic products exported to the United States are products processed and manufactured from domestic raw materials sourced from fishing and aquaculture; imported raw materials sourced from fishing and aquaculture for processing and manufacturing to change the country of origin for export.

3. Harmonized Tariff Schedule Code (HTS) is a product code issued by the United States for classifying goods, determining tariffs, and collecting data on international trade of the United States.

Article 4. General Principles

1. COA is carried out upon request of organizations and individuals when necessary. The competent authority verifies the information in the declaration forms submitted by organizations and individuals along with the Application Form and issues COA to certify that aquatic products and aquatic products are not prohibited from importation into the United States.

2. COA is one of the supplementary documents for the importation of certain aquatic products into the United States and other countries with requirements as part of their national tracking and verification systems. COA is used to ensure that fishing activities in Vietnam or fishing from another country comply with import requirements under the Marine Mammal Protection Act of the United States and the tracking and verification systems of other countries using COA. The issuance of COA is not mandatory before the organization or individual completes the export procedures for aquatic products and aquatic products.

3. COA will not be issued for aquatic products and aquatic products listed in the United States' prohibited import list if all the following factors match: information about the country of fishing, species name, fishing method/fishing gear, fishing area/region.

Article 5. Authority to Issue COA

The authority to issue COA is the provincial state management agency for fisheries.

Article 6. Documents for Issuing COA

1. In cases where domestic raw materials are used for processing and export and must be issued with a COA, the documents include:

a) An application form for issuing COA as prescribed in Appendix I attached to this Circular;

b) A receipt for product unloading at the port or a confirmation of raw material origin or a certificate of origin for harvested aquatic products. Organizations and individuals may submit all these documents together in one application for COA.

If there is unused raw material, the organization or individual applying for certification shall submit the original document for the competent authority to confirm the unused portion and return the original. If the raw material has been fully used, the competent authority will retain the original document.

2. In cases where imported raw materials are used for processing and export and must be issued with a COA, the documents include the application form for issuing COA as stipulated in point a, Clause 1 of this Article and one of the following documents:

a) Captain's statement (Captain’s statement) accompanied by a copy of the fishing permit of the harvesting vessel. The Captain's statement includes information about the harvesting vessel and the imported aquatic products, including: Vessel name, vessel registration number (IMO/international call sign/external marking/regional fishery management organization registration number, if applicable); flag state; fishing permit number; type of fishing gear; time and area of fishing; first port of arrival date, confirming that the harvested aquatic products comply with current laws and management measures. The Captain's statement must be signed by the captain of the harvesting vessel;

b) COA issued by the country where the harvesting vessel is registered;

c) Catch Certificate issued by the country where the harvesting vessel is registered.

3. In cases where raw materials from aquaculture are used for processing and export and must be issued with a COA, the documents include:

a) Application form for issuing COA as stipulated in point a, Clause 1 of this Article;

b) Import documents for cases where raw materials from imported aquaculture are used.

Article 7. Procedures for Issuing COA

1. Organizations and individuals submit one set of application documents for issuing COA as prescribed in Article 6 of this Circular to the provincial state management agency for fisheries through the following methods:

a) At the One-Stop Service Center;

b) Through postal services as prescribed by the Prime Minister, via hiring services from enterprises or individuals, or through authorization as prescribed by law;

c) Online at the National Public Service Portal.

2. Forms of documents:

a) In cases where documents are submitted according to the methods prescribed in points a and b, Clause 1 of this Article: All document components are copies accompanied by originals to confirm unused raw material portions or retained for used-up raw material;

b) In cases where documents are submitted according to the method prescribed in point c, Clause 1 of this Article: All document components are original electronic documents established on an electronic environment or scanned originals sent to the provincial state management agency for fisheries for confirmation of unused raw material portions or retention for used-up raw material.

3. Foreign language documents must have a Vietnamese translation as prescribed.

4. Organizations and individuals are responsible for the legality of the submitted documents.

5. The provincial state management agency for fisheries immediately responds regarding the completeness of the documents in cases prescribed in point a, Clause 1 of this Article; provides a written response regarding the completeness of the documents within one working day from the date of receiving the documents in cases prescribed in points b and c, Clause 1 of this Article.

6. Within four working days from the date of receiving complete and valid documents, the provincial state management agency for fisheries conducts a review of the documents as prescribed in Article 8 of this Circular and issues a certificate according to the model in Appendix II attached to this Circular; if COA is not issued, a written notification must be provided, returning the documents and specifying the reasons.

Article 8. Content for Review to Issue COA

1. Compare the declared information on the Application Form for Issuing COA with the attached documents in the file to ensure that all information about: species name of aquatic products, quantity of species or raw materials, fishing method/fishing gear used, name and registration number of fishing vessels/permit number for fishing aquatic products has been correctly declared.

a) In case the raw material is harvested domestically, compare the information in the file with the fishing logbook information of the fishing trip through the national fisheries database system.

b) In case the raw material is imported for processing and export, compare the information in the file and provided documents; if necessary, exchange information with the country where the aquatic products were harvested to verify but without increasing the processing time of the file.

c) In case the exported product originates from aquaculture: compare the declared information in the file with the aquaculture database system (name of aquaculture facility, cultured species, code number of aquaculture facility meeting conditions, if applicable) or information on the attached documents.

2. Compare the species, fishing method/fishing gear, fishing area, harvesting country with the list of aquatic species banned for importation by the United States published at: https://www.fisheries.noaa.gov or on the electronic portal of the competent state management agency for aquatic products under the Ministry of Agriculture and Rural Development.

Article 9. Revocation, Modification, Supplementing Information, Reissuing COA

1. The competent authority issuing COA decides to revoke COA in the following cases:

a) The issued COA is found to have been erased, scratched, or had information changed (except for modification and supplementation of information as prescribed in Clause 2 of this Article).

b) Organizations or individuals using the issued COA misuse it, or use it for purposes other than those certified aquatic species or aquatic products.

c) There is evidence confirming that the files, documents, and information provided by organizations or individuals are forged.

2. In case of modifying or supplementing information on the issued COA or when there is a change in the form announced by the United States after the COA has been issued, organizations or individuals must resubmit the application form as prescribed in Appendix I accompanying this Circular and any supplementary documents (if any) along with the original issued COA. The procedures and formalities for modifying and supplementing information on the COA shall be carried out according to the provisions of Article 7 of this Circular.

3. In case the original COA is lost or damaged beyond repair, organizations or individuals must resubmit the application form as prescribed in Appendix I accompanying this Circular to the issuing authority, stating the reasons. Based on the stored records, the provincial state management agency for aquatic products will reissue the COA to the organization or individual.

4. Organizations and individuals can check the validity of the COA on the electronic portal of the state management agency for aquatic products under the Ministry of Agriculture and Rural Development.

Article 10. Responsibilities of Agencies, Organizations, and Individuals

1. Responsibilities of the State Management Agency for Aquatic Products under the Ministry of Agriculture and Rural Development

a) Organize training and guidance for provincial state management agencies for aquatic products, and related organizations and individuals to implement the provisions of this Circular.

b) Publish the List of countries and fishing methods banned from exporting to the United States on its electronic portal for organizations and individuals to search and use.

c) Publish the list of HTS codes required to have COA on its electronic portal for organizations and individuals to search and use.

d) Compile and provide the list of authorized agencies designated to issue COA to the United States periodically or when there is a change in information.

đ) Update and provide complete and timely information related to the implementation of the requirements of the United States Marine Mammal Protection Act.

e) Organize inspections of COA issuance activities at local levels within their authority and according to Vietnamese laws, and when requested by the competent authority of the United States.

g) Update the validity of the COA on the electronic portal for organizations and individuals to search.

2. Responsibilities of Provincial State Management Agencies for Aquatic Products

a) Implement the issuance of Certificates of Origin for aquatic products and aquatic products meeting export requirements to the United States (COA) as prescribed.

b) Provide updated information on the name of the unit, authorized person, address of the agency, telephone number, email address to the state management agency for aquatic products under the Ministry of Agriculture and Rural Development when there are changes to these details.

c) Statistically record and store files related to COA issuance according to legal regulations on statistics and storage; provide information and files for inspection when requested by competent authorities.

d) Notify organizations and individuals and competent authorities about the revocation of issued COA as stipulated in Clause 1 of Article 9 of this Circular, and update COA validity information when there are changes.

đ) Organize inspections of aquatic product exports to the United States market based on the information declared in the application forms of organizations and individuals for COA issuance.

3. Organizations and individuals requiring COA issuance are responsible for preparing complete files, declaring full information, submitting complete files, and bearing responsibility for the accuracy of the declared information.

Article 11. Transitional Provisions

In cases where organizations or individuals exporting aquatic products or aquatic product products using raw materials harvested before the date this Circular takes effect do not have all the required documents as specified in Article 6 of this Circular, they shall submit the Application Form according to the model attached as Appendix I to this Circular (it is not mandatory to declare Origin Information in the COA Request Information Table) along with a copy of the financial invoice or proof of the time of purchasing raw materials for processing and export.

Article 12. Implementation Provisions

1. This Circular shall take effect from December 26, 2025.

2. During implementation, if any issues arise or difficulties occur, organizations and individuals shall promptly report to the State Management Agency for Aquatic Resources under the Ministry of Agriculture and Rural Development for consolidation and reporting to the Minister of Agriculture and Rural Development for consideration and decision./.