New regulations on certifying seafood exports to the United States are shifting focus from an end-stage certification formality to stringent, end-to-end traceability and control requirements across the entire production chain.

On December 26, 2025, the Ministry of Agriculture and Environment issued Circular 74/2025/TT-BNNMT governing the certification of seafood and seafood products exported to the US market. This was followed by Circular 33/2026/TT-BNNMT on August 4, 2026, which amended and supplemented several provisions of Circular 74. On August 27, 2026, the prevailing rules were codified by the Ministry in Consolidated Document No. 78/2026/VBHN-TT-BNNMT.

Under the regulations, the Certification of Admissibility (COA) for seafood and seafood products meeting US import standards applies to designated shipments bound for the United States, whether shipped directly or transshipped through a third country or territory, whenever mandated.

The current regime categorizes COA application dossiers based on raw material origins—a notable amendment designed to clarify origin-tracing liabilities for each source category.

For domestic wild-caught raw materials, enterprises must submit a COA application alongside proof of origin, such as port offloading receipts, raw wild-caught seafood confirmation certificates, or Catch Certificates (CC).

For imported wild-caught raw materials, applicants must furnish an application and one of the statutory documents, including a Captain’s Statement accompanied by a copy of the vessel's fishing permit, a COA issued by the flag state, or a Catch Certificate/Reported Catch issued by the flag state.

Crucially, the Captain’s Statement must specify essential particulars such as vessel name, vessel registration number, IMO number or international radio call sign, flag state, fishing gear type, as well as harvesting period and fishing area. All vessel identification data must strictly align with the fishing license.

For aquaculture raw materials, businesses are likewise required to substantiate origin. Domestically farmed stock can be verified through documents relating to farming facilities, food safety compliance, or designated aquaculture certifications. For imported farmed stock, dossiers may include certificates of origin, quarantine certificates for live aquatic animals, food safety certificates, or farm confirmation documents and farm identification codes.

Furthermore, where raw materials appear on the COA-mandated list but are not subject to US import bans, documentation requirements are streamlined, primarily comprising an application accompanied by sales contracts, invoices, or statutory procurement logs.

A cornerstone of the COA mechanism is that appraisal does not end with the product's country of origin. Competent authorities first cross-reference declared information against submitted documentation. Should discrepancies or inaccuracies arise, files will be returned for rectification. If dossiers are compliant, materials are then screened against the US import prohibition list.

Where raw materials are clear of the ban list, authorities proceed with COA issuance. If the materials fall under restricted categories, further appraisal hinges on their specific provenance.

Accordingly, raw materials originating from countries granted US comparability findings or sourced from aquaculture may be considered for a COA. Likewise, if the declared fishing method/gear, country, or harvest zone differs from entries on the US ban list, a COA may still be granted based on verified proof of origin. Conversely, if species, gear, flag state, and fishing grounds match the prohibited criteria, issuance will be denied.

Provincial-level fisheries management agencies serve as the licensing authority for COAs. Enterprises may lodge dossiers in person, via postal services, or online through the National Public Service Portal. Within four working days of receiving a valid dossier, the provincial authority will appraise the application and issue the COA. In the event of a refusal, the authority must issue a written notice stating the grounds for rejection and return the dossier.

Applicants bear full legal liability for the accuracy of their disclosures and must retain all records, dossiers, and chain-of-custody evidence for a minimum of 36 months from the date of COA issuance.

Concurrently, businesses must establish traceability systems to track raw material sources and individual lots across receiving, storage, processing, and outbound shipment.

The new Circular also institutes post-certification controls. A COA may be revoked if it is erased, altered, or modified without authorization; used for improper purposes or for seafood varieties other than those certified; or if competent authorities uncover conclusive evidence of fraudulent dossiers, records, or disclosures.

Should details on an issued COA require amendment, or if US document templates change post-issuance, enterprises must follow statutory amendment procedures. In cases where the original COA is lost or damaged beyond use, businesses may request a reissuance based on archived files.

Source: Tap chi Thuy san Viet Nam