Circular No. 33/2026/TT-BNNMT has amended and clarified traceability requirements for the issuance of Certificates of Admissibility (COA) for seafood and seafood products exported to the United States.

The Ministry of Agriculture and Environment recently issued Circular No. 33/2026/TT-BNNMT, amending and supplementing several circulars in the fisheries sector. Notably among these are amended provisions in Circular No. 74/2025/TT-BNNMT concerning COA. The modifications focus on COA application dossiers categorized by raw material source, submission methods, and appraisal procedures; simultaneously, the specific responsibilities of enterprises in document retention, origin verification, and raw material traceability are also defined more specifically.

Application dossiers closely tied to raw material origin

Under the new regulations, applications for COA issuance are classified based on the origin of raw materials used for processing and export. Organizations and individuals may select one of the competent authorities to submit their dossiers.

For domestically caught marine raw materials, the dossier includes: an application form for COA issuance and one of the following documents: port unloading receipt, confirmation of wild-caught aquatic raw materials, or a Marine Catch Certificate.

For imported wild-caught raw materials, enterprises must provide the Captain's Statement accompanied by a copy of the fishing vessel's Fishing License in cases where raw materials originate from capture fisheries; a COA issued by the flag state of the fishing vessel; a Catch Certificate or a Fishing Log/Catch Report issued by the flag state of the harvesting vessel.

For aquaculture raw materials, dossiers are also categorized into domestic and imported sources. Domestically farmed raw materials can be verified via documentation relating to farming facilities, food safety conditions, or aquaculture activity confirmations. For imported farmed raw materials, enterprises can present certificates of origin, animal quarantine certificates (for live aquatic products), food hygiene and safety certificates, aquaculture facility certificates, aquaculture facility registration certificates, or aquaculture facility identification numbers.

A distinct case provided for includes raw materials on the list subject to COA requirements but not on the US import ban list. In such cases, the dossier consists of an application form for COA issuance along with material purchase contracts, financial invoices, or purchase breakdown sheets for goods and services depending on each situation.

The new regulation also facilitates electronic dossier submission. For documents established in an electronic environment, enterprises do not need to submit original physical copies; competent authorities verify remaining raw material volumes directly on the electronic catch documentation and traceability system.

Enterprises are also permitted to combine origin-verifying documents within a single COA application. For documents in foreign languages, a Vietnamese translation must be attached, except for documents in English or bilingual texts including English.

Enhancing enterprise responsibility

Beyond supplementing dossier components, Circular No. 33/2026/TT-BNNMT clarifies the COA appraisal and issuance process. First, the competent authority cross-checks declared information in the application against accompanying documentation. If information is inaccurate or inconsistent, the dossier is returned with reasons clearly stated by the authority.

Following the verification step, raw materials are categorized based on the US import ban list and material origin. Materials not on the import prohibition list are considered for COA issuance.

For raw materials falling under the import ban list, the competent authority proceeds with origin appraisal. Raw materials originating from nations determined to be comparable by the US or originating from aquaculture are considered for COA issuance under regulations.

For wild-caught raw materials, appraisal concentrates on information regarding species, fishing gear/method, harvesting country, and fishing area. If one or more parameters differ from the data in the US import ban list, the dossier may be considered for COA issuance on the basis of origin verification documents.

Conversely, if information on species, fishing gear/method, country, and fishing area coincides with data in the US import ban list, the competent authority will refuse COA issuance.

On the enterprise side, responsibilities are also heightened. Organizations and individuals must declare complete, accurate information and bear legal responsibility for provided records. Crucially, enterprises must retain dossiers, documents, and evidentiary materials proving raw material origin for a minimum of 36 months from the date of COA issuance.

Enterprises must concurrently establish an internal traceability system ensuring the clear identification of raw material sources and each individual batch during receiving, storage, processing, and export. This system must allow cross-verification between production monitoring records and practical production, storage, and export operations.

Under these new mandates, COA issuance is increasingly bound to the capacity to prove origin and trace the entire raw material chain. This serves as a vital prerequisite for enterprises to proactively comply with US seafood control regulations while contributing to elevating transparency and accountability across Vietnam's seafood supply chain.

Source: Bao Nong nghiep va Moi truong