Circular No. 80/2025/TT-BNNMT on the examination, certification of food safety for exported aquatic products

CIRCULAR

Providing for the examination and certification of food safety for exported aquatic products

Pursuant to the Law on Government Organization No. 63/2025/QH15 dated February 18, 2025;

Pursuant to the Food Safety Law dated June 17, 2010;

Pursuant to Decree No. 15/2018/NĐ-CP dated February 2, 2018 of the Government detailing a number of articles of the Food Safety Law;

Pursuant to the Law on Product Quality and Commodities No. 05/2007/QH12 dated November 21, 2007; and the Law Amending and Supplementing Certain Provisions of the Law on Product Quality and Commodities No. 78/2025/QH15 dated June 18, 2025;

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing a number of articles of the Law on Product Quality and Commodities; Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government amending and supplementing certain provisions of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing a number of articles of the Law on Product Quality and Commodities; Decree No. 13/2022/NĐ-CP dated January 21, 2022 of the Government amending and supplementing certain provisions of Decree No. 132/2008/NĐ-CP dated December 31, 2008 and Decree No. 86/2012/NĐ-CP dated October 19, 2012 of the Government detailing and guiding implementation of certain provisions of the Law on Metrology;

Pursuant to Decree No. 136/2025/NĐ-CP dated June 12, 2025 of the Government providing for decentralization and delegation of authority in the field of agriculture and environment;

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

The Minister of Agriculture and Rural Development promulgates this Circular providing for the examination and certification of food safety for exported aquatic products.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides for:

1. Procedures and formalities for conducting examinations and evaluating conditions ensuring food safety (FS) for aquatic food production and business establishments (hereinafter referred to as Establishments) according to the requirements of importing countries or territories that request the competent authorities of Vietnam to establish, register, and update the list of establishments permitted to export (hereinafter referred to as Export List); Activities related to monitoring and supervising the maintenance of FS conditions for establishments on the Export List.

2. Documents, procedures, and authorities for issuing FS certificates, quarantine certificates, or other certificates (hereinafter referred to as Certificates) related to consignments of aquatic food, processed foods, or mixed products containing aquatic ingredients registered for export to countries or territories that require the competent authorities of Vietnam to issue certificates according to the models prescribed by the importing market.

Article 2. Applicability

1. Applicability:

a) Establishments that have been issued a Certificate of Establishment Meeting Conditions Ensuring FS, which remains valid according to the Food Safety Law, guiding documents (Government Decrees, Circular No. 38/2018/TT-BNNPTNT dated December 25, 2018 of the Ministry of Agriculture and Rural Development (hereinafter referred to as Circular No. 38/2018/TT-BNNPTNT), and subsequent amendments and supplements to this Circular);

b) Establishments with other certificates as stipulated at point k, Clause 1, Article 12 of Government Decree No. 15/2018/NĐ-CP dated February 2, 2018 detailing certain provisions of the Food Safety Law (hereinafter referred to as Decree No. 15/2018/NĐ-CP), which remain valid and subsequent amendments and supplements to this Decree;

c) Consignments of aquatic products, aquatic product items, and mixed products containing aquatic ingredients exported to countries or territories that require issuance of Certificates by the competent authorities of Vietnam according to the models prescribed by the importing market;

For consignments of aquatic food and aquatic product items, and mixed products containing aquatic ingredients exported to markets requiring quarantine certification, the authority issuing Certificates as stipulated in Clause 2, Article 5 of this Circular shall simultaneously conduct activities related to FS certification and quarantine.

2. The following cases are not subject to the applicability of this Circular:

a) Establishments not mentioned in points a and b, Clause 1 of this Article;

b) Aquatic products and aquatic product items exported for non-food purposes.

Article 3. Explanation of Terms

In this Circular, some terms are understood as follows:

1. Independent aquatic food production establishment:is an establishment equipped with complete facilities and equipment to independently carry out the entire production process from raw material reception to finished product packaging and storage; it has its own quality management team with at least three (3) staff members responsible for FS control during production and at least one (1) staff member who has completed training on FS management based on Hazard Analysis and Critical Control Points (HACCP) principles (hereinafter referred to as HACCP principles).

2. Production consignment:is a quantity of products produced from one or more batches of aquatic raw materials with sufficient information on origin, produced through the same technological process, under the same production conditions, and affected by the same factors influencing FS within a continuous production period of up to twenty-four (24) hours at one establishment.

3. Export consignment:is the quantity of goods registered for examination and certification for export in one shipment to one importer via one means of transport.

4. Similar groups of aquatic food:are aquatic food items with the same level of FS risk, produced through similar basic technological processes or may differ at some stages but do not generate significant additional FS risks at one establishment.

5. Aquatic food production:is the implementation of one, several, or all activities of farming, harvesting, preliminary processing, processing, packaging, and preservation to produce aquatic food.

6. Aquatic food:is a product of aquatic origin intended for human consumption in fresh or processed and preserved forms.

7. Ready-to-eat aquatic food:is a product of aquatic origin that can be consumed directly without special preparation before eating.

8. Sample consignment:is a consignment exported for the purpose of introducing the product, exhibiting at trade fairs, exhibitions, research, not for commercial sale as food, and with a total declared weight for export certification not exceeding fifty (50) kilograms.

9. Examination:is the activity of reviewing and assessing the completeness and validity of documents; inspecting actual conditions ensuring FS for establishments to evaluate the production, processing, and preservation of aquatic food for export according to Vietnamese regulations and the requirements of importing markets.

10. Import market with equivalent requirements:is a market that requires the competent Vietnamese authorities to establish and update lists of establishments meeting Vietnamese regulations to recognize or/and examine and issue certificates for consignments of aquatic products before export according to specified models.

11. Import market with specific requirements:is a market that imposes specific FS controls over the entire production, processing, and export chain of aquatic products in the exporting country. Specific requirements of these markets are detailed in Appendix II attached to this Circular.

Article 4. Basis for compiling the Export List and certifying export consignments

The basis for compiling the Export List and issuing certificates for export consignments of aquatic food products, inspecting and supervising the maintenance of food safety conditions for entities listed in the Export List in accordance with Articles 41 and 42 of the Food Safety Law; Vietnamese regulations and technical standards, and import market requirements on food safety and origin of aquatic products.

Article 5. Competent Authority for Certification

1. The Quality, Processing and Market Development Department and its subordinate branches (hereinafter referred to as the Competent Authority) assigned to regional areas (Central Region Quality, Processing and Market Development Branch, Southern Region Quality, Processing and Market Development Branch) shall perform:

a) Reviewing applications, assessing food safety conditions for entities wishing to participate in the Aquatic Product Export Certification Program according to Vietnamese regulations and the export markets registered by the entity; Managing the Export List including establishing, supplementing, amending, and deleting names of entities in accordance with regulations to submit to the importing country's Competent Authority for recognition;

b) Inspecting the maintenance of food safety conditions for entities listed in the Export List in accordance with the Food Safety Law and the regulations of the corresponding import market.

2. The Quality, Processing and Market Development Centers in Regions 1, 2, 3, 4, 5, and 6(hereinafter referred to as the Certificate Issuing Authority)shall conduct reviews and issue Certificates for export consignments of aquatic products, aquatic product products, mixed food products containing aquatic ingredients; supervise food safety post-review and certification.

Article 6. Requirements for Inspectors and Members of the Inspection Team for Maintaining Food Safety Conditions

1. Requirements for Inspectors

a) Honesty, objectivity, without conflict of interest with the inspected entity;

b) Proficient in the system of legal regulations on quality and food safety in Vietnam and the import markets with requirements;

c) Have participated in training or workshops on inspection and review procedures relevant to the field of quality and food safety.

2. Requirements for Team Leaders

a) Meet the requirements set out in Clause 1 of this Article;

b) Have at least three years of experience working in the field of inspection and review, and have participated in inspections/reviews of at least five entities in the field of quality and food safety inspection and review.

3. Requirements for Sample Collectors

Hold a certificate or a certificate of completion of a training program or workshop on sample collection.

Article 7. Requirements for Equipment and Tools Used for On-Site Inspection and Review

1. Specialized, labeled for identification of intended use;

2. In good operating condition and well maintained; calibrated and tested in accordance with regulations; ensuring they are not sources of contamination.

Article 8. Requirements for Testing Facilities

Testing facilities participating in analysis, testing, and experimentation of quality and food safety indicators under this Circular must be designated to serve state management in accordance with the law.

Article 9. Fees and Charges

The collection of fees and charges for reviewing compliance with food safety conditions for entities to establish and supplement the Export List; reviewing and issuing Certificates for export aquatic food consignments shall be carried out in accordance with the law on fees and charges.

Chapter II

THE AQUATIC PRODUCT EXPORT CERTIFICATION PROGRAM

Article 10. The Aquatic Product Export Certification Program

1. The Aquatic Product Export Certification Program includes: activities for reviewing to establish, register, and supplement entities in the Export List and reviewing and issuing Certificates for exported aquatic food products to countries and regions according to import market requirements. The list of countries and regions is specified in Appendix I attached to this Circular.

2. The Aquatic Product Export Certification Program is voluntary; entities wishing to export to markets with requirements as stipulated in Clause 1 of this Article shall register to establish and supplement the Export List; undergo review and obtain certificates from the authority specified in Article 5 of this Circular.

3. Entities participating in the Program must meet the following criteria:

a) Food safety conditions in Vietnam;

b) Regulations and technical standards on food safety, traceability, recall, and handling of non-compliant products of the corresponding import market;

c) Specific market regulations specified in Appendix II attached to this Circular if the entity wishes to export to these markets.

4. In case of new requirements from the import market, the Quality, Processing and Market Development Department will compile, report to the Ministry of Agriculture and Environment to update the market list, regulations, and new requirements of the markets specified in Appendices I and II attached to this Circular within thirty working days from the date of receipt of the regulatory document from the Competent Authority of the importing country, and simultaneously notify and guide relevant organizations and individuals to implement.

Section 1

REGISTRATION AND REVIEW OF FOOD SAFETY CONDITIONS

Article 11. Registration Subjects for Supplementing the Export List

1. Entities mentioned in Point a, Clause 1 of this Circular wishing to register for export to equivalent requirement markets.

2. Entities mentioned in Point a, Clause 1 of this Circular registering for export to at least one of the specific requirement markets.

3. Entities mentioned in Point b, Clause 1 of this Circular wishing to register for supplementation in the Export List.

4. Entities currently listed in the Export List but wish to register for supplementation in specific requirement markets or have changes in quality and food safety conditions (including expansion or reduction of production premises; addition of new product groups) compared to the previously reviewed and certified scope. The list of aquatic product groups is specified in Appendix III attached to this Circular.

5. Entities currently listed in the Export List that have completed the establishment, approval, and implementation of a Quality Management System based on HACCP principles for new products within the previously reviewed and certified aquatic product group may register for export. The Certificate Issuing Authority specified in Clause 2 of Article 5 of this Circular is responsible for evaluating the entity's compliance with food safety conditions during the production and processing of new products when conducting reviews and issuing Certificates for export consignments according to Vietnamese and import market regulations, and updating the recognized product list of the entity for management purposes.

Article 12. Procedure and formalities for registering and supplementing the Export List

1. Organizations and individuals submit one set of application files to the competent authority specified in Clause 1, Article 5 of this Circular for registering and supplementing the Export List through direct submission, electronic environment, or postal service. The file includes: Application form according to Form No. 01.DK Appendix IV; Description of facilities, equipment, tools ensuring food safety conditions according to Form No. 02.DK Appendix IV issued together with this Circular.

2. The competent authority immediately responds to the completeness of the file for cases submitted directly or within one working day for cases submitted through the electronic environment or postal service in writing.

3. Within three working days from the date of receiving complete files, the competent authority reviews the registration files:

a) In case the file is not valid: Notify the result to the Facility and clearly state the reasons according to Form No. 03.DK Appendix IV issued together with this Circular. Within fifteen working days from the date of issuing the notification, the facility must submit supplementary files or resubmit the file according to the provisions of Clause 1 of this Article if it does not submit supplementary files beyond the above period.

b) In case the file is complete and valid for the facility specified in Clause 1, Article 11 of this Circular: Issue a Notification confirming the registration according to Form No. 04.DK Appendix IV issued together with this Circular and assign a code number (for facilities without a code number) according to Appendix V issued together with this Circular, while compiling information to request the competent authority of the importing country to recognize according to Article 13 of this Circular.

4. For facilities specified in Clauses 2, 3, and 4, Article 11 of this Circular, within ten working days from the date of receiving complete valid files, the competent authority establishes an Inspection Team according to Form No. 05.DK Appendix IV issued together with this Circular, conducts on-site inspections, and prepares an Inspection Report according to Form No. 06.DK Appendix IV issued together with this Circular.

In case violations are discovered, the inspection team prepares a work record or administrative violation record to transfer to the competent authority or person with authority to handle according to the law.

5. Within five working days from the end of the inspection, the competent authority reviews the Inspection Report (requesting the inspection team to explain the evaluation contents if necessary).

a) In case the inspection results meet the requirements, the competent authority issues a notification of the inspection results, assigns a code number for the facility (for facilities without a code number), and lists the certified product groups according to Form No. 07.DK Appendix IV issued together with this Circular;

b) In case the inspection results do not meet the requirements, the competent authority issues a notification of non-compliance according to Form No. 08.DK Appendix IV issued together with this Circular and requests the facility to implement corrective actions (including measures to correct products produced under food safety conditions that do not meet requirements).

The facility is responsible for reporting the results of corrective actions, accompanied by files and evidence according to Form No. 09.DK Appendix IV issued together with this Circular within a maximum of thirty working days from the date of issuance of the notification sent to the competent authority for consideration and review.

b1) Within two working days from the date of receiving the facility's corrective action report and being reviewed and found satisfactory by the inspection team, the competent authority implements according to point a, Clause 5 of this Article;

b2) In case the facility does not submit a corrective action report within the required time or the report is reviewed and found unsatisfactory by the inspection team, the competent authority sends a corresponding non-compliance notification according to the market where the facility applies for export according to Form No. 08.DK Appendix IV issued together with this Circular.

The non-compliance inspection notification is also sent to the competent authority issuing the Food Safety Assurance Certificate for coordination and management, considering revocation of the Food Safety Certificate according to the Law on Food Safety or sent to other certification organizations in cases where the facility falls under point k, Clause 1, Decree No. 15/2018/NĐ-CP for appropriate handling according to regulations on conformity assessment (if necessary).

6. In cases where samples are taken for analysis to evaluate the effectiveness of hygiene control during the inspection process according to Appendix IV issued together with this Circular, the supplementation of the Export List is implemented when the testing results meet the requirements; or after the facility reports the investigation results of the cause, implements appropriate corrective measures, and is reviewed and found satisfactory by the competent authority for cases where the testing results do not meet the requirements.

Section 2

MANAGEMENT OF THE EXPORT LIST AND MAINTENANCE INSPECTION OF FOOD SAFETY CONDITIONS OF FACILITIES IN THE LIST

ARTICLE ON FOOD SAFETY CONDITIONS OF FACILITIES IN THE EXPORT LIST

Article 13. Establishment, updating, and management of the Export List

1. Monthly or according to the deadline requested by the importing country, the competent authority specified in Clause 1, Article 5 of this Circular performs registration, introduction, confirmation, certification of food safety assurance conditions, and establishment, updating (new additions, modification of information, deletion of names) of the Export List for each respective market and sends it to the competent authority of the importing country to request recognition; updates the export list of markets on the electronic portal after the export list is recognized.

2. A facility is removed from the Export List for the corresponding market in the following cases:

a) The facility submits a written request to be removed from the Export List;

b) The facility has inspection results or food safety inspection results that do not meet the requirements as stipulated in point b2, Clause 5, Article 12 and Clause 6, Article 14 of this Circular or the competent authority of the importing country submits a written request to remove the name from the export list;

c) The facility has its Food Safety Assurance Certificate revoked or the Food Safety Assurance Certificate expires or the facility has another certificate according to point k, Clause 1, Decree No. 15/2018/NĐ-CP that expires;

d) The facility ceases production and export for twelve months or more from the date of notification sent to the competent authority and is not subject to inspection and supervision of food safety assurance conditions according to this Circular.

3. A facility can be reinstated in the Export List after meeting the food safety assurance conditions stipulated by Vietnam and the importing market and completing the registration and supplementation of the Export List for the corresponding market according to Article 12 of this Circular.

Article 14. Inspection of the Maintenance of Food Safety Conditions of Exporting Establishments Listed in the Export List

1. The implementing agency is the Competent Authority specified in Clause 1, Article 5 of this Circular. The inspection activities shall be carried out by an Inspection Team established by this Competent Authority, with responsibilities and authorities as stipulated in Article 70 of the Food Safety Law, and with the participation of representatives from the issuing authority of food safety certificates at the local level (if necessary).

2. Inspection Targets:

a) Establishments listed in the export list for markets with specific requirements;

b) Establishments listed in the export list for markets showing signs of food safety violations or food safety incidents; specialized inspections according to directives from higher-level food safety management agencies; when establishments have consecutive batches found non-compliant with food safety standards by domestic regulatory bodies, importing countries, or relevant international organizations within one (1) month; or when there are clear complaints or reports from related organizations or individuals regarding food safety issues;

c) Establishments that fail to correct or inadequately correct non-conformities noted in the supervision report issued by the issuing authority as prescribed in Clause 5, Article 25 of this Circular.

3. Frequency of Inspections: The Competent Authority shall develop an annual inspection plan for cases specified in Point a, Clause 2 of this Article, ensuring a minimum frequency of one inspection per establishment every three years.

4. Forms of Inspection

a) The Competent Authority conducts unannounced inspections, except when the establishment must organize production during on-site inspections, or when providing raw materials or finished product storage to ensure a comprehensive evaluation of the specific import market's regulations;

b) Annually, the Competent Authority compiles inspection results and sends them to the issuing authority of food safety certificates at the local level to coordinate in developing the next year’s food safety inspection plan as stipulated in Point a, Clause 2, Article 69 of the Food Safety Law.

c) The Competent Authority conducts surprise inspections for establishments specified in Points b and c, Clause 2 of this Article.

5. Content, Methods, and Inspection Reports shall be conducted in accordance with Article 12 of this Circular. During inspections, if violations are discovered, working records or administrative violation records must be prepared and transferred to the competent authority for handling as prescribed.

6. Handling of Inspection Results shall be carried out in accordance with the procedures set forth in Clause 5, Article 12 of this Circular.

Chapter III

CERTIFICATION AND ISSUANCE OF CERTIFICATES

FOR EXPORTED AQUATIC PRODUCTS

Section 1

GENERAL PROVISIONS

Article 15. Requirements for Exported Products

1. Produced and stored at establishments listed in the export list corresponding to each import market.

2. Comply with food safety regulations, label mandatory information according to the import market's requirements, without misrepresenting the nature of the goods and without violating Vietnamese laws.

3. For products processed, packaged, or stored by different establishments:

a) The establishment performing the final production stage (packaging, labeling) or the storage establishment must be listed in the export list as required by the import market;

b) Establishments performing earlier production stages (pre-processing, processing) must meet the food safety conditions of the import market. These establishments must be listed in the export list as required by the import market (if required by the market);

c) Establishments involved in supplying raw materials, transportation, pre-processing, processing, packaging, labeling, storage, and exporting the batch must provide a written commitment to jointly bear responsibility for implementing corrective measures by the issuing authority in case the batch is warned by the importing country's Competent Authority or found to violate food safety by the issuing authority;

d) Establishments involved in transportation, pre-processing, processing, packaging, labeling, storage, and exporting the batch must retain complete production and food safety control records, storage, and export records for the production stages they perform, ensuring traceability of the product in accordance with the law.

4. Specific requirements for live, fresh, ice-packed, or chilled aquatic products intended for export as food:

a) Comply with the provisions of Clauses 1 and 2, and Point a, Clause 3 of this Article;

b) Products must comply with the conditions stipulated in Articles 20, 21, and 23 of the Food Safety Law regarding cultivation, harvesting, procurement, pre-processing, packaging, labeling, storage, transportation, and export;

c) The establishment performing the final production stage must organize a supply chain linkage from cultivation, harvesting, procurement, pre-processing, packaging, labeling, storage, transportation, and export to ensure food safety control, traceability, recall, and handling of non-compliant products in accordance with Circular No. 17/2021/TT-BNNPTNT dated December 20, 2021, issued by the Minister of Agriculture and Rural Development on traceability, recall, and handling of non-compliant food under the jurisdiction of the Ministry of Agriculture and Rural Development (hereinafter referred to as Circular No. 17/2021/TT-BNNPTNT). The self-inspection system for live, fresh, or ice-packed aquatic products for export shall follow the guidelines in Appendix VII attached to this Circular.

Article 16. Methods of Batch Inspection for Exported Aquatic Products

1. Batch inspection of exported aquatic products by registered establishments shall be conducted through one of the following three (3) inspection methods:

a) Strict inspection;

b) Routine inspection;

c) Reduced inspection.

2. Strict inspection: Conduct file review, sensory and external visual inspection at the site, and sample testing of each batch for export for quality and food safety indicators as specified in Appendix VIII attached to this Circular, applicable to batches registered for export by:

a) New establishments added to the export list;

b) Establishments whose batches were warned by the importing country's Competent Authority or the Competent Authority of Vietnam for failing to meet food safety standards for pathogens, parasites, residues of pollutants, veterinary drugs, plant protection chemicals, additives, biological toxins, and allergens;

c) Establishments penalized for violations of food quality and safety laws, aquaculture, and currently serving a penalty decision;

d) Establishments in the export list for markets where the importing country's Competent Authority requires sampling and testing of each batch before export.

3. Routine inspection: Conduct file review, sensory and external visual inspection at the site, and sample testing of quality and food safety indicators for a proportionate number of batches as specified in Appendix IX attached to this Circular, applicable to batches registered for export by:

a) Establishments specified in Point a, Clause 2 of this Article when at least five (5) batches have been exported and certified by the issuing authority as meeting requirements within a minimum of thirty (30) working days from the date of inclusion in the export list;

b) Establishments specified in Points b and c, Clause 2 of this Article when at least five (5) batches have been exported and certified by the issuing authority as meeting requirements within a minimum of thirty (30) working days from the date of completion and approval of the investigation report and corrective actions or from the date of completion of the suspension or other penalty measures as prescribed by law;

c) Establishments in the export list for markets where the importing country's Competent Authority requires random sampling and certification of indicators for batches before export.

4. Reduced inspection: Conduct file review, sensory and external visual inspection at the site, and sample testing of quality and food safety indicators for a proportionate number of batches as specified in Appendix IX attached to this Circular, applicable to batches registered for export by establishments specified in Points a and b, Clause 3 of this Article after maintaining good food safety conditions for a minimum of six (6) months from the date of applying the routine inspection regime.

5. The issuing authority shall establish, update, and publish a list of establishments subject to the corresponding inspection method on the electronic portal; notify establishments within their jurisdiction within a maximum of three (3) working days from the date these establishments meet the criteria for switching between inspection methods as prescribed in Clauses 2, 3, and 4 of this Article.

Article 17. Provisions on Certificates

1. Export consignments shall be issued with certificates according to the models prescribed by the corresponding importing market and certificates according to the models of the country through which the consignment transits, temporarily imports, or re-exports (if required), with contents consistent and unified with the certificate of the importing market and/or other relevant certificates or confirmations related to the export consignment, as required by the importing country and in accordance with Vietnamese law.

2. The certificate is only valid for consignments transported and stored under conditions that do not alter the contents certified regarding food safety and hygiene.

3. The certificate must have contents and formats consistent with the requirements of the corresponding importing market and be numbered in accordance with Appendix X attached hereto. In necessary cases, the certificate may include appendices to fully certify all information about the consignment as prescribed.

Article 18. Entities Not Entitled to Obtain Certificates

1. The issuing authority shall not issue certificates for export consignments produced at entities entering the corresponding market in the following cases:

a) The entity has been notified by the competent authority of the importing country to temporarily suspend imports or has had measures such as suspension of issuance of certificates or temporary suspension of exports applied against it, based on management measures established by the Ministry of Agriculture and Rural Development on the basis of requirements from the importing market;

b) The entity has not fully rectified the non-compliance issues noted in the notification of the results of the assessment of food safety and hygiene conditions or the inspection of the maintenance of such conditions by the competent authority as stipulated in Clause 1, Article 5 of this Circular, or beyond the time limit specified in the notification of post-certification surveillance results by the issuing authority as stipulated in Clause 2, Article 5 of this Circular; the entity does not comply with the deadline for reporting the investigation of causes and remediation for seafood consignments warned about food safety by the competent authority;

c) The entity is currently undergoing a production suspension period or has had its Food Safety and Hygiene Certificate revoked or its operations suspended according to regulations on administrative penalties for quality and food safety violations, aquatic products, and related laws;

d) The entity has submitted a notice of temporary cessation of production and no longer has products produced before the cessation date;

đ) The entity has been removed from the list of exporters to the corresponding markets according to Clause 2, Article 13 of this Circular.

2. Entities mentioned in Clause 1 of this Article shall continue to be entitled to obtain certificates when they meet the following conditions:

a) The entity has implemented corrective measures as required by the competent authority or the issuing authority and received a notification of satisfactory inspection and supervision results;

b) For entities mentioned in point a, Clause 1 of this Article, they must receive a notification from the competent authority of the importing country lifting the temporary suspension of imports.

Article 19. Forms and Contents of Assessment and Issuance of Certificates

Based on the database of the number of export consignments of the entity up to the registration assessment date; the inspection method applicable to the entity; and the sampling ratio for testing as prescribed in Appendix IX attached hereto, the issuing authority determines the assessment content for the registered consignment according to one of the two cases below:

1. The assessment content for the consignment involves only file review (including sample consignment batches as prescribed in Clause 8, Article 3 of this Circular; consignments requesting certification according to Model DS 2031 as prescribed in Table I.2 of Appendix I attached hereto) and issuance of a certificate:

a) Comparing the information in the export consignment registration files, the history of food safety and hygiene assurance conditions of the entity, and related origin and raw material source documents (if necessary);

b) Requirements prescribed in Appendix II attached hereto for consignments exported to markets with special requirements, including the monitoring of catfish production batches exported to the United States as stipulated in Section 4, Part C, Chapter III of Appendix II and according to Model 07.LH of Appendix XII attached hereto.

2. The assessment content for consignments involving sampling and testing and issuance of a certificate:

a) As prescribed in Clause 1 of this Article;

b) Procedures and formalities for sensory and external inspections and sampling for food safety testing at the site as prescribed in Appendix XI attached hereto, specifically:

- Sampling location: Finished product warehouse; or independent cold storage or area where the consignment is gathered at the packaging facility awaiting export for live, fresh, ice-packed, or chilled seafood (if required);

- Specified testing criteria and permissible limits for each importing market as prescribed in Appendix VIII attached hereto.

- The assessment report of the consignment according to Model 01.LH of Appendix XII attached hereto.

Section 2

REGISTRATION PROCEDURES AND CONTENTS OF ASSESSMENT AND ISSUANCE OF CERTIFICATES FOR EXPORT CONSIGNMENTS

Article 20. Registration for Assessment

1. The consignor submits one set of application documents for registration of assessment and issuance of certificates to the issuing authority as prescribed in Clause 2, Article 5 of this Circular in person, via postal service, electronically, or by submitting the certificate application form and registering online using the model of the importing market. The documents include: Application Form for Certificate Issuance according to Model 02.LH of Appendix XII; Detailed List of Consignment according to Model 03.LH of Appendix XII attached hereto; and providing a purchase, processing, or agency export agreement with the production or processing facility of the consignment, including mutual commitments between both parties (the production facility and the consignor) to bear responsibility if the consignment is warned by the competent authority of the importing country, provided that the consignor does not directly carry out production, processing, or storage activities.

2. Deadline for submission of registration documents:

a) For live and fresh ice-packed seafood: At least one working day before the expected export date;

b) For other products: At least two working days before the expected export date to allow for file review and determination of the appropriate inspection method for the registered export consignment.

3. The issuing authority immediately responds to the completeness of the documents for direct submissions; responds within one working day to the completeness and validity of the documents for electronic submissions or submissions via postal service in writing:

a) If the documents are complete and valid: The issuing authority confirms the procedural and substantive assessment and certificate issuance as prescribed in Article 19 of this Circular on the Application Form for Certificate Issuance sent to the consignor and the scheduled assessment and sampling test dates (if applicable);

b) If the documents are invalid: The issuing authority identifies the missing or non-compliant contents and guides the consignor to supplement the documents once. If the supplemented documents still do not meet the requirements, the consignor must resubmit and undergo reassessment.

b) In case the dossier is not valid: The issuing authority shall confirm the missing contents or those not in compliance with the regulations and guide the Shipper to complete the dossier once (one time). If the dossier still fails to meet the requirements after supplementation, the Shipper must re-register and have it reviewed again.

Article 21. Review and Issuance of Certificates

1. In cases where the consignment falls under the category of only document examination as stipulated in Clause 1, Article 19 of this Circular, the Certificate Issuing Authority shall issue the certificate for the consignment within 01 (one) working day from the date of receiving complete and valid documents as prescribed in Point a, Clause 3, Article 20 of this Circular, provided that the consignor provides all relevant information and data related to the consignment before the expected export date to serve the confirmation and certification of the contents in the certificate according to the model of the importing market.

2. In cases where the consignment falls under the category of sampling and testing as stipulated in Clause 2, Article 19 of this Circular, the Certificate Issuing Authority shall carry out the following procedures:

a) Assign inspectors to conduct reviews, take samples, and test the consignment not exceeding 01 working day for fresh products and ice-cooled products, and not exceeding 02 working days for other products from the date of receiving the registration documents or within the agreed time between the consignor and the Certificate Issuing Authority; The content and method of review and sampling and testing shall be carried out in accordance with Clause 2, Article 19 of this Circular;

b) Issue the certificate for the consignment within 01 (one) working day from the date when the results of the production document examination, sensory inspection, and external appearance meet the requirements, provided that the consignor provides all relevant information and data related to the consignment before the expected export date to serve the confirmation and certification of the contents in the certificate according to the model of the importing market.

Article 22. Handling Results of Reviews and Tests Not Meeting Food Safety Requirements

1. In cases where the review results of the consignment do not meet the requirements regarding production documents, origin of raw materials, sensory and external appearance criteria: Within 01 (one) working day from the end of the on-site review, the Certificate Issuing Authority shall send the Non-Conformity Notice for the consignment according to Model No. 04.LH in Appendix XII issued together with this Circular to the consignor.

The consignor shall be responsible for re-registering the review in accordance with Article 20 of this Circular after fully and properly addressing the non-conformities indicated in the Non-Conformity Notice issued by the Certificate Issuing Authority.

2. In cases where the test results of food safety criteria do not meet the requirements:

a) Within 01 (one) working day from the date when all test results are available, the Certificate Issuing Authority shall issue the Non-Conformity Notice for the consignment according to Model No. 04.LH specified in Appendix XII issued together with this Circular, along with the Test Result Report of the consignment to the consignor, the production facility, and revoke the previously issued certificate for the consignment (if any);

b) Within 03 (three) working days from the date when the test results are sent to the consignor and the production facility, if the consignor or the production facility provide written comments on the test results, the Certificate Issuing Authority shall implement the provisions at Point 2, Section 8 of Appendix XI issued together with this Circular;

c) The production facility and the consignor shall be responsible for investigating the cause, implementing corrective measures including recalling the consignment (if it has been exported), plans for handling the consignment according to the required deadlines, and preparing a report according to Model No. 05.LH of Appendix XII issued together with this Circular to submit to the Certificate Issuing Authority.

Within 05 (five) working days from the date of receipt of the report from the consignor, the Certificate Issuing Authority shall review the contents of the report and notify the result of the review to the consignor and the production facility. In cases of on-site verification, the Certificate Issuing Authority shall notify the result to the production facility within a maximum of 05 (five) working days from the end of the on-site verification.

Section 3

POST-ISSUANCE HANDLING

Article 23. Reissuance of Certificates

1. When the issued certificate is lost, damaged, or contains administrative errors during issuance or there is a change in information (excluding changes in product identification, quantity, specifications, traceability of the consignment, contents reviewed and certified about quality and food safety/safe aquaculture in the issued certificate) or upon request of the competent authority of the importing, transiting, temporarily imported, re-exported country or region, the consignor shall submit a written request for reissuance of the certificate specifying the reason to the Certificate Issuing Authority through one of the following methods: Direct submission, postal service, or electronic environment.

2. The Certificate Issuing Authority shall reissue the certificate within 01 (one) working day from the date of receipt of the consignor's request or issue a written refusal to reissue, specifying the reason and sending it to the consignor.

3. The reissued certificate shall be assigned a new number in accordance with Appendix X issued together with this Circular and shall note: "This certificate replaces Certificate No..., issued on..." or note according to the regulations of the importing, transiting, temporarily imported, re-exported market.

Article 24. Transfer of Certificates

In cases where the consignor requests the transfer of certificates for the consignment, the Certificate Issuing Authority shall ensure the following requirements for the transfer:

1. It can be carried out immediately upon receipt of the original certificate;

2. The transferred certificate shall have the same content as the original certificate.

Article 25. Post-Review and Certification Supervision

1. The entity responsible is the Certificate Issuing Authority as stipulated in Clause 2, Article 5 of this Circular;

2. The supervision activities shall be conducted by inspectors meeting the requirements set forth in Clause 1, Article 6 of this Circular;

3. Scope: Supervision activities combine with the review and certification of export consignments and/or audit, investigation to determine causes, establishment and implementation of corrective measures for facilities whose products or consignments are found to not meet food safety requirements or specialized audits, inspections, and supervision as directed by the Ministry of Agriculture and Environment or coordinated work with Customs Authorities (if necessary) or a combination of the above activities;

4. Content of supervision according to Model No. 06.LH specified in Appendix XII issued together with this Circular

During the supervision process, if violations are discovered, a Work Record or Administrative Violation Record must be established and transferred to the competent authority for handling according to regulations;

5. Handling of supervision results: Within 03 (three) working days from the end of the supervision activity, the Certificate Issuing Authority shall notify the supervision results according to Model No. 08.LH specified in Appendix XII issued together with this Circular, requiring the facility to implement and report the results of corrective actions (if any) within 30 working days from the notification date. If the facility does not take corrective actions within the required timeframe or the results of corrective actions are unsatisfactory, the Certificate Issuing Authority shall suspend the issuance of certificates and report to the competent authority as stipulated in Clause 1, Article 5 of this Circular to inspect the maintenance of food safety conditions according to Clause 2, Article 14 of this Circular;

6. For live aquatic products for export originating from production facilities located in different provinces/cities, the Certificate Issuing Authorities shall coordinate to implement post-certification supervision activities to verify the accuracy of the traceability information of the consignment being exported or awaiting export; and the food safety conditions of the facilities in the production chain within their jurisdiction.

Article 26. Handling of batches subject to warning and products not meeting food safety requirements

1. For batches warned by the Importing State's Competent Authority

Within three working days from the date of receiving the formal warning information from the Importing State's Competent Authority, the Quality Control, Processing and Market Development Department shall issue a written request to the Facility requiring it to:

a) Trace the origin of the batch, organize an investigation to determine the cause of the warning, establish and implement corrective actions; report to the issuing authority according to Model 05.LH Appendix XI attached to this Circular. Carry out traceability, recall and handle non-compliant products (in case of recall) in accordance with Circular No. 17/2021/TT-BNNPTNT;

b) Temporarily suspend exports to corresponding importing countries if required by the Importing State's Competent Authority or as stipulated by the Ministry of Agriculture and Rural Development;

c) Comply with sampling and testing procedures for non-conformities and be subject to supervision of corrective actions by the issuing authority for each export batch of non-compliant products or similar products produced at the Facility until the Importing State's Competent Authority specified in Clause 1, Article 5 of this Circular approves the report on the investigation results and corrective measures of the Facility.

2. For batches with sensory, external inspection results or analytical results of food safety indicators that do not meet requirements: The issuing authority shall implement the contents as prescribed in Clause 2, Article 22 of this Circular.

3. In cases where batches are found to contain residues of prohibited chemicals or antibiotics:

a) Within three working days from the date of receiving violation information, the issuing authority shall directly lead and coordinate with relevant management agencies at the locality and the Facility to investigate the cause throughout the entire production, processing, and export chain related to the violation;

b) Implement preventive measures to limit the impact of the violation, prepare Working Records and Administrative Violation Records on food safety and transfer them to competent authorities for handling according to regulations (if applicable).

4. After receiving the Facility's report on the investigation results and corrective measures, the issuing authority shall review the contents of the report:

a) Within five working days, the issuing authority shall review the Facility's explanation report, send a written notification to the Facility if additional information is needed, or send a written notification to the Competent Authority if the report meets the requirements as specified in Clause 1 of this Article;

b) In case of on-site verification, the issuing authority shall notify the Facility of the on-site verification results and report to the Competent Authority specified in Clause 1, Article 5 of this Circular within five working days from the end of the on-site verification activity.

5. Within three working days, the Competent Authority shall evaluate the verification report of the issuing authority and issue a written notification of the verification results to the issuing authority and the Facility.

Chapter IV

RESPONSIBILITIES AND LIMITATIONS OF THE PARTIES INVOLVED

Article 27. Facilities listed for export

1. Responsibilities:

a) Be responsible under the law for the accuracy and legality of all documents in the registration dossier;

b) Register with the Competent Authority for assessment and inclusion in the Export List and comply with the system of inspections to maintain food safety conditions as prescribed by the Competent Authority;

c) Appoint authorized representatives to work with inspectors and inspection teams at the Facility;

d) Provide complete information, documents, and product samples for hygiene control effectiveness evaluation during production as requested by the inspection team or inspector and be responsible for the provided information and documents;

đ) Maintain food safety conditions that have been assessed; notify the Competent Authority in writing in case of cessation of production or changes in legal representative, food safety management system beyond the scope of assessment and certification;

e) Rectify identified deficiencies in the Inspection Report, Supervision Report after certification, and notifications from the Competent Authority within the required timeframe and provide evidence of rectification;

g) Sign the Inspection Report, Supervision Report;

h) Pay fees and charges for assessment and certification as prescribed in Article 9 of this Circular;

i) When there are changes in the validity period or scope of certification in the Food Safety Certificate according to Circular No. 38/2018/TT-BNNPTNT and subsequent amendments by the Ministry of Agriculture and Rural Development, or when obtaining another certificate as prescribed in Point k, Clause 1, Article 12 of Decree No. 15/2018/NĐ-CP, the Facility must submit a copy to the Competent Authority as prescribed in Clause 1, Article 5 of this Circular to update and manage information promptly.

2. Limitations:

a) Express agreement or disagreement (with clear reasons) regarding the results in the Inspection Report, Supervision Report;

b) Lodge complaints about the inspection conclusions against the Facility;

c) Promptly report to the head of the supervising agency about negative behaviors of the inspection team or inspectors.

Article 28. Consignor or producer of the export batch

1. Responsibilities:

a) Register with the issuing authority as prescribed in this Circular to obtain certification for the batch and be responsible for the accuracy and legality of the information, documents, and materials provided for the certification process of the export batch;

b) Adhere to the regulations on batch assessment and sample testing as prescribed in this Circular and provide complete documents and materials as required by the inspector;

c) Not alter the characteristics of the product, batch composition, origin, or labeling information compared to the registered and certified content;

d) Proactively report to the issuing authority when a batch is returned or destroyed in the importing country. Take appropriate measures to handle returned or recalled batches as required by the issuing authority;

e) Pay fees and charges for assessment and certification as prescribed in Article 9 of this Circular.

g) If the consignor is an organization or individual not directly involved in production, processing, or storage activities, the consignor must establish and apply regulations on traceability, recall, and handling of non-compliant aquatic products; monitor storage conditions, time, and hygiene of transportation means and the integrity of the product during transportation from the processing and storage facility to the export point according to Articles 54 and 55 of the Food Safety Law and Circular No. 17/2021/TT-BNNPTNT.

2. Limitations:

a) Request the issuing authority to provide regulations related to batch certification as prescribed in this Circular;

b) Reserve different opinions on the certification results;

c) Lodge complaints or denunciations against any violations of laws by inspectors, issuing authorities, laboratories, and related individuals or organizations according to the Law on Complaints, the Law on Denunciation, and implementing regulations of these laws.

Article 29. Inspectors and members of the assessment and inspection team for food safety assurance conditions

1. Responsibilities:

a) Adhere to the procedures, formalities, contents, methods, and bases for assessing food safety assurance conditions for the Facility as stipulated in this Circular;

b) Maintain confidentiality of information related to production and business activities of the Facility to ensure accuracy, transparency, fairness, honesty, objectivity, and non-discrimination when performing tasks;

c) Not request additional contents beyond regulations, causing harassment or inconvenience to the Facility;

d) Comply with the assignments of the head of the inspection team and the head of the competent authority; be responsible for the inspection results before the head of the competent authority and under the law.

2. Authorities:

a) Request the Facility to provide files, documents, samples (if any) for the purpose of assessment, inspection, and evaluation;

b) Enter and exit production sites, storage areas, warehouses; review files, take samples, photograph, copy, and record necessary information to serve the assessment for inspection tasks;

c) Draft minutes, propose, and recommend measures to handle cases where the Facility violates relevant regulations concerning food safety assurance;

d) Reserve personal opinions and report to the head of the competent authority in cases where there is disagreement with the conclusion of the head of the assessment and inspection team as stated in point b, Clause 2, Article 31 of this Circular.

Article 30. Inspectors for quality assessment and food safety certification

1. Responsibilities:

a) Adhere to the procedures, formalities, contents, and methods for assessing and sampling export consignments according to the provisions of this Circular;

b) Maintain confidentiality of information related to production and business activities of the Facility to ensure accuracy, transparency, fairness, honesty, objectivity, and non-discrimination when performing tasks;

c) Not request additional contents beyond regulations, causing harassment or inconvenience to the Facility;

d) Be responsible for the assessment results before the head of the issuing authority and under the law.

2. Authorities:

a) Request the Shipper to provide files, documents, samples (if any) for the purpose of assessment and sampling to serve certification activities;

b) Enter and exit production sites, storage areas, warehouses; review files, take samples, photograph, copy, and record necessary information to serve the assessment tasks;

c) Draft minutes, propose, and recommend measures to handle cases where the shipper or production facility violates relevant regulations concerning quality and food safety;

d) Refuse to conduct the assessment in cases where the shipper or production facility does not fully fulfill their responsibilities as stipulated in point b and c, Clause 1, Article 28 of this Circular.

Article 31. Head of the Assessment and Inspection Team

1. When performing assigned tasks, the head of the assessment and inspection team has responsibilities like those of an inspector as stated in Clause 1, Article 29 of this Circular, and other responsibilities as follows:

a) Direct and assign tasks to members of the assessment and inspection team to fully implement the contents in the decision establishing the assessment and inspection team;

b) Process opinions and inspection results of members of the assessment and inspection team and issue the final conclusion in the assessment and inspection minutes;

c) Review and sign the assessment and inspection minutes, report on the inspection results, and be responsible before the head of the competent authority and under the law for the results implemented by the assessment and inspection team.

2. Within the scope of assigned tasks, the head of the assessment and inspection team has authorities like those of an inspector as stated in Clause 2, Article 29 of this Circular, and other authorities as follows:

a) Propose to the head of the competent authority to issue a decision adjusting the members of the assessment and inspection team to fully implement the contents in the decision establishing the assessment and inspection team;

b) Issue the final conclusion of the inspection team regarding the inspection results.

Article 32. The Department of Quality, Processing, and Market Development and its Sub-departments

1. Responsibilities:

a) Organize preliminary reviews of registration files, assess compliance with food safety conditions according to market registration requirements, and establish Export Lists according to the management zones assigned; inspect the maintenance of food safety conditions for facilities listed according to import market regulations;

b) Organize training, guidance, and professional instruction for inspectors on file reviews and food safety condition inspections to supplement Export Lists, assess, and issue Certificates for exported seafood consignments;

c) Fully store files related to file reviews and inspections to supplement Export Lists, inspect the maintenance of food safety conditions for facilities listed in Export Lists according to market regulations; provide complete and accurate files and reports on issues related to the assessment and certification of exported seafood safety when requested by the Ministry of Agriculture and Rural Development;

d) Be responsible for the results of food safety assessment and certification for exported seafood;

đ) Maintain confidentiality of information related to the production and business secrets of facilities listed in Export Lists;

e) Announce, register, introduce, and update Export Lists for each market according to the provisions of this Circular;

g) Report to the Ministry of Agriculture and Rural Development to update the list of markets that require the Department of Quality, Processing, and Market Development to register, establish lists, and assess and issue Certificates for exported consignments according to this Circular;

h) Update the regulations of importing countries regarding seafood safety assurance conditions and notify them to facilities, shippers, and related organizations to ensure uniform application;

i) Propose amendments and supplements to current regulations on fees and charges for assessment and inspection activities to maintain food safety conditions for facilities listed in Export Lists. In cases where there are no regulations on fees and charges, take the lead in developing annual assessment and inspection plans, accompanied by budget estimates for approval by the competent authority to promptly implement these activities;

k) Report to the Ministry of Agriculture and Rural Development to update the list of specified inspection criteria for exported seafood consignments as stipulated in Appendix VIII of this Circular based on the results of food safety risk assessments for exported seafood products and import market regulations;

l) Notify the annual plan for maintaining food safety conditions of facilities listed in Export Lists to the issuing authority of the local food safety assurance certificate.

2. Authorities:

a) Inspect compliance with food safety conditions for facilities to establish Export Lists according to market requirements; handle cases where facilities violate the provisions of this Circular within their authority and according to the law;

b) Require facilities undergoing assessment to arrange actual production for at least one of the registered products with a full process or high-risk product for inspection purposes; require facilities to rectify non-compliance points regarding food safety assurance conditions noted in the inspection minutes; require facilities to rectify the results of non-conforming food safety criteria according to this Circular;

c) Remove facilities from Export Lists for respective markets and apply temporary suspension of Certificate issuance for facilities that do not meet food safety assurance conditions as stipulated in this Circular;

d) Recommend relevant authorities to handle organizations and individuals who violate the provisions of this Circular according to the law.

Article 33. Regional Quality, Processing and Market Development Centers

1.Duties:

a) Organize the examination of export seafood consignment files, assessment, issuance, revocation, and reissuance of Certificates for consignments within the assigned area;

b) Organize training, instruction, and professional guidance for inspection staff on the examination of export seafood consignment files, assessment, and issuance of Certificates;

c) Conduct post-assessment supervision of exported consignments according to certification results from establishments listed in the Export Market Directory;

d) Maintain complete records related to supervisory activities, examination results, assessments, issuance, revocation, and reissuance of Certificates for export seafood consignments in accordance with regulations; provide complete and accurate records and reports on issues related to the assessment and issuance of export certificates when requested by the Department of Quality, Processing and Market Development and its subordinate branches;

đ) Be responsible for the results of monitoring the maintenance of food safety conditions and the assessment and issuance of Certificates for export seafood consignments;

e) Receive and resolve complaints from consignors regarding the assessment, issuance, revocation, and reissuance of Certificates for export seafood consignments in accordance with regulations;

g) Safeguard information related to the production and business secrets of establishments undergoing food safety assessment and certification;

h) Manage, establish, and update inspection methods for consignments in accordance with this Circular;

i) Report to the Department of Quality, Processing and Market Development on the results of tasks assigned under this Circular;

2.Powers:

a) Assess, issue, revoke, and reissue Certificates for export consignments in accordance with this Circular; refuse to assess and issue Certificates if the consignor fails to fulfill their responsibilities as stipulated in Clause 1, Article 28 of this Circular;

b) Require establishments undergoing assessment to rectify non-compliant points and errors concerning food safety conditions noted in the assessment report and supervision report; investigate the cause, establish corrective measures, and report the results of implementing these measures when the issuing authority and the importing country's competent authority warn of food safety violations in accordance with this Circular;

c) Propose relevant authorities to handle organizations and individuals violating this Circular in accordance with the law.

Article 34. Provincial Departments of Agriculture and Environment, Provincial Food Safety Authorities, and Food Safety Management Boards of centrally governed cities

1. Organize and direct the assessment and issuance of Food Safety Certificates for seafood exporting establishments within their province, develop plans, and conduct food safety inspections of establishments in accordance with regulations, except those already inspected for maintaining food safety conditions by the authority mentioned in Clause 1, Article 5 of this Circular in accordance with Article 14 of this Circular.

2. Regularly report to the Department of Quality, Processing and Market Development or its subordinate branches about the results of the assessment and issuance of Food Safety Certificates and planned inspection results for establishments within their province, including establishment name, address, certified products, Food Safety Certificate, assessment results, and planned inspection results for establishments within their province.

3. Immediately report to the authority mentioned in Clause 1, Article 5 of this Circular within their management area in cases where seafood production and business establishments listed in the Export Directory have unsatisfactory assessment results and must have previously issued Food Safety Certificates revoked.

4. Direct relevant subordinate units to cooperate with the issuing authority in origin tracing, cause investigation, recall, and handling of unsafe seafood products from exporting seafood processing establishments with non-compliant products.

5. Update warning information, corrective measures, recall, and handling of warned products returned (if any) from establishments in the Export Directory to review and evaluate relevant contents during the assessment and issuance of Food Safety Certificates and food safety supervision at establishments.

Article 35. Testing Laboratories

1. Duties:

a) Adhere to testing procedures, ensure testing equipment capability, and safeguard consignor information and test results in accordance with the law;

b) Ensure accurate, objective, and truthful test results;

c) Only notify test results to the issuing authority and must meet the specified time frame;

d) Be responsible for test results;

đ) Participate in proficiency testing or inter-laboratory comparison programs as required by the Ministry of Agriculture and Rural Development;

e) Maintain records and documents related to testing activities in accordance with regulations and present them upon request by the competent authority.

2. Powers:

a) Refuse samples that do not meet technical requirements as stipulated. Refuse to test samples and criteria outside the scope of certification or designation;

b) Be provided with information and facilitated for training to enhance testing capabilities;

c) Charge fees for testing in accordance with current regulations.

Chapter V

IMPLEMENTATION PROVISIONS

Article 36. Effective Date

1. This Circular takes effect from February 2, 2026.

2. The following Circulars and Decisions cease to be effective from the date this Circular takes effect:

a) 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;

b) Clause 2 of Circular No. 17/2024/TT-BNNPTNT dated November 28, 2024, of the Minister of Agriculture and Rural Development amending and supplementing certain Circulars on the assessment and certification of food safety for agricultural, forestry, and aquatic product production and business establishments under the management of the Ministry of Agriculture and Rural Development;

c) Clause 12 of Circular No. 17/2025/TT-BNNMT dated June 19, 2025, of the Minister of Agriculture and Environment on the delegation of state management functions in the field of quality management of agricultural and aquatic products;

d) Decision No. 2864/QĐ-BNN-QLCL dated November 24, 2011, of the Minister of Agriculture and Rural Development on quality and food safety inspection criteria for exported aquatic products;

đ) Decision No. 1471/QĐ-BNN-QLCL dated June 20, 2012, of the Minister of Agriculture and Rural Development amending the list of designated chemical testing criteria for exported aquatic products issued together with Decision No. 2864/QĐ-BNN-QLCL dated November 24, 2011, of the Ministry of Agriculture and Rural Development;

e) Decision No. 1802/QĐ-BNN-QLCL dated May 22, 2020, of the Minister of Agriculture and Rural Development promulgating the program to control food safety for catfish and catfish products exported to the United States market;

g) Decision No. 5523/QĐ-BNN-CCPT dated December 21, 2023, of the Minister of Agriculture and Rural Development promulgating the program to control food safety for exported aquatic products and aquatic product exports to the European Union (EU) market.

Article 37. Transitional Provisions

1. The entities listed on the Export List prior to the effective date of this Circular shall continue to be maintained on the Export List and shall apply the provisions of this Circular.

2. After the effective date of this Circular, entities currently on the Priority List Category 1, Category 2 as prescribed in Circular 48/2013/TT-BNNPTNT:

a) Entities on the Priority List Category 1 that have met the minimum period of three (3) months will be transferred to the Reduced Inspection List as stipulated in Clause 4, Article 16 of this Circular;

b) Entities on the Priority List Category 2 or those on the Priority List Category 1 but not yet meeting the conditions for transfer to the Reduced Inspection List as provided in Point a, Clause 2 of this Article will be transferred to the Regular Inspection List as stipulated in Clause 3, Article 16 of this Circular;

3. In cases where a consignment requires an inspection certificate at the request of the importing country, the assessment content shall follow the model of the importing market and the regulations of the Ministry of Agriculture and Rural Development.

4. Organizations and individuals who submitted administrative procedures before the effective date of this Circular, the administrative procedure handling agency shall implement according to the current regulations at the time of submission by the organization or individual; except in cases where the organization or individual requests implementation according to the provisions of this Circular.

5. If the legal normative documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the amended, supplemented, or replaced documents.

Article 38. Responsibility for Implementation

1. The Director of the Quality Control, Processing and Market Development Department shall be responsible for organizing the implementation of this Circular.

2. Heads of agencies under the Quality Control, Processing and Market Development Department, Directors of Provincial Departments of Agriculture and Rural Development shall be responsible for implementing this Circular.

3. During the implementation process, if there are difficulties, agencies, organizations, and individuals shall report to the Ministry of Agriculture and Rural Development for consideration and resolution./.