VietnameseCircular 80/2025/TT-BNNMT appraisal and certification of food safety for exported aquatic products
ATTRIBUTE
| Issuing body: | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here | |
| Official number: | 80/2025/TT-BNNMT | Signer: | Tran Thanh Nam |
| Type: | Circular | Expiry date: | Updating |
| Issuing date: | 31/12/2025 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Agriculture - Forestry, Export - Import, Food and drug |
THE MINISTRY OF AGRICULTURE AND ENVIRONMENT _____________ No. 80/2025/TT-BNNMT | THE SOCIALIST REPUBLIC OF VIETNAM Hanoi, December 31, 2025 |
CIRCULAR
Providing for appraisal and certification of food safety for
exported aquatic products
__________________
Pursuant to the Law on Organization of the Government dated February 18, 2025;
Pursuant to the Law on Food Safety dated June 17, 2010;
Pursuant to the Government’s Decree No. 15/2018/ND-CP dated February 2, 2018, on detailing a number of articles of the Law on Food Safety;
Pursuant to the Law on Product and Goods Quality dated November 21, 2007; and the Law Amending and Supplementing a Number of Articles of the Law on Product and Goods Quality dated June 18, 2025;
Pursuant to the Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government, detailing the implementation of a number of articles of the Law on Product and Goods Quality; Decree No. 74/2018/ND-CP dated May 15, 2018 of the Government, amending and supplementing a number of articles of the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, detailing the implementation of a number of articles of the Law on Product and Goods Quality; Decree No. 13/2022/ND-CP dated January 21, 2022 of the Government amending and supplementing a number of articles of the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, and Decree No. 86/2012/ND-CP of October 19, 2012, detailing and guiding the implementation of a number of articles of the Law on Measurement;
Pursuant to the Government’s Decree No. 136/2025/ND-CP dated June 12, 2025, providing decentralization and delegation of authority in the field of agriculture and environment;
Pursuant to the Government’s Decree No. 35/2025/ND-CP dated February 25, 2025, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Environment;
The Minister of Agriculture and Environment promulgates the Circular providing for appraisal and certification of food safety for exported aquatic products.
Article 1. Scope of regulation
This Circular provides for:
1. The order and procedures for appraisal and assessment of conditions for food safety assurance for establishments producing and trading aquatic foods (hereinafter referred to as establishments) in accordance with the regulations of the importing countries or territories that require the competent state agencies of Vietnam to establish, register, and supplement the list of establishments permitted to export (hereinafter referred to as the Export list); activities of inspection and supervision of the maintenance of conditions for food safety assurance for establishments in the export list.
2. Dossiers, procedures, and competence for grant of food safety certificates, quarantine certificates or other relevant certificates and confirmations (hereinafter referred to as certificates) for shipments of aquatic foods, processed and mixed food products containing aquatic ingredients registered for export to countries or territories that require certificates granted by the competent state agencies of Vietnam, made using the templates prescribed by the importing countries.
Article 2. Subject of application
1. Subject of application:
a) Establishments that have been granted a Certificate of eligibility for food safety assurance, which remains valid in accordance with the Law on Food Safety and guiding documents (Decrees of the Government, 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 Circulars amending and supplementing this Circular);
b) Establishments possessing other Certificates as prescribed at Point k Clause 1 Article 12 of Decree No. 15/2018/ND-CP dated February 02, 2018 of the Government detailing the implementation of a number of articles of the Law on Food Safety (hereinafter referred to as Decree No. 15/2018/ND-CP), which remain valid, and Decrees amending, supplementing, or replacing this Decree;
c) Shipments of aquatic animals, aquatic products, and mixed foods containing aquatic ingredients exported to countries or territories that require Certificates granted by the competent state agencies of Vietnam, made using the templates prescribed by the importing market;
For shipments of aquatic foods and aquatic products, mixed foods containing aquatic ingredients exported to importing markets that require quarantine certification, the Certificate-granting agency prescribed at Clause 2 Article 5 of this Circular shall concurrently carry out appraisal of food safety certification and quarantine.
2. The following cases are not subject of application of this Circular:
a) Establishments not falling under the subjects specified at Point a, Point b Clause 1 of this Article;
b) Aquatic animals and products thereof exported not used as food.
Article 3. Interpretation of terms
For the purposes of this Circular, these terms below shall be construed as follows:
1. Independent aquatic food manufacturing establishment: means an establishment that has full infrastructure and equipment to completely carry out a separate production process from the stage of receipt of raw materials to the stage of complete packaging and storage of finished products; has its own quality management staff with at least 03 (three) personnel performing food safety control during the production process and at least 01 (one) personnel having completed a training course on food safety management according to the principles of Hazard Analysis and Critical Control Point - HACCP (hereinafter referred to as HACCP principles).
2. Production shipment: means a quantity of products produced from one or more shipments of raw materials of aquatic animals having sufficient information on origin, under the same technological process, the same production conditions and factors affecting conditions for food safety assurance within a period not exceeding 24 hours of continuous production at one establishment.
3. Exported shipment: means a quantity of goods registered by the consignor for appraisal and certification for one-time export to one importer on one means of transport.
4. Similar aquatic food group: means aquatic foods having the same level of food safety risk, produced under technological processes that are basically similar or that may differ at certain stages but without generating significant food safety hazards at one establishment.
5. Production of aquatic foods: means the performance of one, several or all activities of farming, harvesting, preliminary processing, processing, packaging, and storage to create aquatic foods.
6. Aquatic foods: means aquatic products that are eaten or drunk by humans in fresh form or after preliminary processing, processing, or storage.
7. Ready-to-eat aquatic foods: means aquatic products that can be directly used for humans without special treatment before consumption.
8. Sample product shipment: means a shipment exported for the purpose of product introduction, exhibition at fairs or exhibitions, research, not for circulation for commercial purposes as food, and having a total registered quantity for grant of export certificate not exceeding 50 kg.
9. Appraisal: means the activity of reviewing and assessing the completeness and validity of dossiers; conducting on-site inspection of conditions for food safety assurance at the establishment to assess the process of production, processing, and storage of aquatic foods for export in accordance with the regulations of Vietnam and the importing market having the requirements.
10. Importing market with equivalent requirements: means a market that requires the competent agency of Vietnam to establish and update the list of establishments satisfying the regulations of Vietnam for recognition and/or for appraisal, grant of certificates for aquatic shipments prior to export in accordance with the prescribed templates.
11. Importing market with specific requirements: means a market that has specific requirements for food safety control throughout the entire chain of production, processing, and export of aquatic products in the exporting country. Markets with specific requirements are specified in Appendix II issued together with this Circular.
The bases for appraisal for formulation of the Export list, grant of certificates for shipments of exported aquatic foods, inspection and supervision of the maintenance of conditions for food safety assurance for establishments in the Export list shall comply with Article 41 and Article 42 of the Law on Food Safety; the regulations and technical regulations of Vietnam and the regulations on food safety and origin of aquatic animals of the importing market.
Article 5. Appraisal and certification agencies
1. The National Authority for Agro-Forestry-Fishery Quality, Processing and Market Development and its affiliated Sub-Departments (hereinafter referred to as competent agencies), assigned by managed regions (the Sub-Department of Agro-Forestry-Fishery Quality, Processing and Market Development for the Central region, the Sub-Department of Agro-Forestry-Fishery Quality, Processing and Market Development for the Southern region), shall:
a) Appraise dossiers, assess conditions for food safety assurance for establishments wishing to participate in the exported aquatic product certification program in accordance with the regulations of Vietnam and the export market registered by the establishments; manage the export list including formulation, supplementation, amendment, and removal of establishments in accordance with regulations for submission to the competent agencies of the importing countries for recognition;
b) Inspect the maintenance of conditions for food safety assurance for establishments in the export list in accordance with the Law on Food Safety and the corresponding regulations of the importing markets.
2. Regional Agro-Forestry-Fishery Quality, Processing and Market Development Centers 1, 2, 3, 4, 5 and 6 (hereinafter referred to as certificate-granting agencies) shall conduct appraisal and grant certificates for shipments of aquatic animals, aquatic products, mixed foods containing aquatic ingredients for export; supervise food safety control after appraisal and certification.
1. Requirements for an inspector
a) Being honest, objective, and having no conflict of interest with the establishments subject to inspection, supervision, and appraisal;
b) Having a thorough understanding of the system of law regulations on quality and food safety of Vietnam and importing markets having the requirements;
c) Having participated in training courses or professional training on inspection and appraisal suitable to the field of quality and food safety.
2. Requirements for the head of a team
a) Satisfying the requirements specified at Clause 1 of this Article;
b) Having at least 03 (three) years of working experience in the field of inspection and appraisal and having participated in inspection/appraisal of at least 05 (five) establishments in the field of inspection and appraisal of quality and food safety.
3. Requirements for a sampling staff
Having a certificate or certification on sampling or having a certificate, certification, or confirmation of participation in and completion of training programs or professional training containing contents on food sampling.
Article 7. Requirements for equipment and tools serving inspection and appraisal at sites
1. Being specialized, labeled for identification of purpose of use;
2. Being in good operating and maintenance condition; inspected and calibrated in accordance with regulations; ensuring that they are not sources of contamination.
Article 8. Requirements for testing laboratories
Testing laboratories participating in activities of analysis, testing, and examination of criteria on quality and food safety in accordance with this Circular must be designated to serve state management in accordance with the law regulations.
The collection of charges and fees for appraisal of compliance with conditions for food safety assurance for establishments for formulation and supplementation of the export list; appraisal and grant of certificates for shipments of aquatic products used as food for export shall comply with the law on fees and charges.
Chapter II
EXPORTED AQUATIC PRODUCT CERTIFICATION PROGRAM
Article 10. Exported aquatic product certification program
1. The exported aquatic product certification program includes: appraisal for formulation, registration, and supplementation of establishments into the export list and appraisal, grant of certificates for aquatic foods exported to countries and territories according to the requirements of the importing market. The list of countries and territories is specified in Appendix I issued together with this Circular.
2. The participation in the exported aquatic product certification program is voluntary; establishments wishing to export to markets with requirements specified at Clause 1 of this Article shall carry out registration for inclusion and supplementation in the export list; appraisal and grant of certificates with the agencies prescribed at Article 5 of this Circular.
3. Establishments participating in the Program must satisfy the following criteria:
a) Conditions for food safety assurance of Vietnam;
b) Regulations and technical regulations on ensuring food safety, traceability, recall and handling of unsafe products of the corresponding importing countries;
c) Specific market regulations specified in Appendix II issued together with this Circular in case the establishments have demand to export to such markets.
4. In case of new requirements of the importing market, the National Authority for Agro-Forestry-Fishery Quality, Processing and Market Development shall synthesize and report to the Ministry of Agriculture and Environment to update the list of markets, regulations, and new requirements of the markets specified in Appendix I and Appendix II issued together with this Circular within 30 (thirty) working days from the date of receipt of the regulatory document of the competent agency of the importing country, and concurrently notify and guide relevant organizations and individuals for implementation.
Section 1
REGISTRATION AND APPRAISAL OF CONDITIONS FOR FOOD SAFETY ASSURANCE
Article 11. Subjects of registration or supplementation to the export list
1. Establishments specified at Point a Clause 1 Article 2 of this Circular that wish to register for export to markets with equivalent requirements.
2. Establishments specified at Point a Clause 1 Article 2 of this Circular that register for export to at least one of the markets with specific requirements.
3. Establishments specified at Point b Clause 1 Article 2 of this Circular that wish to register for supplementation to the export list.
4. Establishments that are already in the export list but wish to register for supplementation of markets with specific requirements or have changes in conditions for quality and food safety assurance (including expansion or reduction of production premises; supplementation of new product groups) compared to the scope previously appraised and certified. The list of aquatic product groups is prescribed in Appendix III issued together with this Circular.
5. Establishments that are already in the export list, having completed the formulation, approval and application of the Quality management program according to HACCP principles for new products belonging to aquatic product groups already appraised and certified may carry out export registration. The Certificate-granting agencies prescribed at Clause 2 Article 5 of this Circular shall be responsible for assessing compliance with regulations on conditions for food safety assurance in the production and processing of the establishments’ new products when carrying out appraisal and grant of Certificates for exported shipments in accordance with the regulations of Vietnam and the importing market, and concurrently updating the list of recognized products of the establishments for management purposes.
Article 12. Order and procedures for registration and supplementation to the export list
1. An organization or individual shall submit 01 (one) dossier of request for registration or supplementation to the export list to the competent agency prescribed at Clause 1 Article 5 of this Circular, in person or via the electronic environment or via postal services. Such a dossier includes: Application for registration, made according to Form No. 01.DK in Appendix IV; Explanatory statement on infrastructure, equipment, and tools ensuring conditions for hygiene and food safety, made according to Form No. 02.DK in Appendix IV issued together with this Circular.
2. The competent agency shall immediately respond in writing on the completeness of the dossier in case of direct submission, or within 01 (one) working day in case the dossier is submitted via the electronic environment or via postal services.
3. Within 03 (three) working days from the date of receipt of a complete dossier, the competent agency shall appraise the registration dossier:
a) In case the dossier is invalid: Notify the result to the establishment and clearly state the reason, made according to Form No. 03.DK in Appendix IV issued together with this Circular. Within 15 working days from the date of issuance of the notification, the establishment must submit supplementary documents or re-submit the dossier in accordance with Clause 1 of this Article if the dossier is not supplemented after the above time limit;
b) In case the dossier is complete and valid, for an establishment prescribed at Clause 1 Article 11 of this Circular: Issue a notice on registration confirmation, made according to Form No. 04.DK in Appendix IV issued together with this Circular and grant a registration number (for an establishment not yet having a registration number) in accordance with Appendix V issued together with this Circular, and concurrently synthesize information for requesting recognition by the competent agency of the importing country in accordance with Article 13 of this Circular.
4. For establishments prescribed at Clauses 2, 3 and 4 Article 11 of this Circular, within 10 (ten) working days from the date of receipt of a complete and valid dossier, the competent agency shall establish an appraisal team, using the Form No. 05.DK in Appendix IV issued together with this Circular, organize on-site appraisal, and make minutes on appraisal, made using the Form No. 06.DK in Appendix IV issued together with this Circular.
In case violations committed by the establishment are detected, the appraisal team shall make working minutes or minutes of administrative violation and transfer it to the competent agency or person for handling in accordance with the law regulations.
5. Within 05 (five) working days from the date of completion of the appraisal, the competent agency shall verify the minutes on appraisal (requesting the appraisal team to explain evaluation contents where necessary).
a) In case the appraisal result is satisfactory, the competent agency shall issue a notice on appraisal result, grant a registration number to the establishment (for an establishment not yet having a registration number), and the list of certified product groups, made using the Form No. 07.DK in Appendix IV issued together with this Circular;
b) In case the appraisal result is unsatisfactory, the competent agency shall issue a notice on unsatisfactory result, made using the Form No. 08.DK in Appendix IV issued together with this Circular and request the establishment to remedy the unsatisfactory issues (including remedial measures for products produced under conditions for food safety assurance that fail to satisfy requirements).
The establishment shall be responsible for reporting the results of remedial actions, enclosed with documents and evidence, made using the Form No. 09.DK in Appendix IV issued together with this Circular, within a maximum period of 30 (thirty) working days from the date of issuance of the notice, and send it to the competent agency for consideration and verification.
b1) Within 02 (two) working days from the date of receipt of the report on remedial actions of the establishment with satisfactory verification by the appraisal team, the competent agency shall carry out in accordance with Point a Clause 5 of this Article;
b2) In case the establishment fails to submit a report on remedial actions within the required time limit, or the report on remedial actions is verified by the appraisal team as unsatisfactory, the competent agency shall send a notice on the unsatisfactory result in accordance with the regulations of the market for which the establishment registers export, made using the Form No. 08.DK in Appendix IV issued together with this Circular.
The notice on unsatisfactory appraisal result shall be concurrently sent to the agency competent to grant the Certificate of eligibility for conditions for food safety assurance for coordination in management and consideration of revocation of the food safety certificate in accordance with the Law on Food Safety, or sent to the organization granting another certificate in case the establishment falls under the subject specified at Point k Clause 1 Article 12 of Decree No. 15/2018/ND-CP for adoption of handling measures in accordance with regulations on conformity assessment (if necessary).
6. In case samples are taken for analysis to assess the effectiveness of control of hygiene conditions during the appraisal in accordance with Appendix IV issued together with this Circular, supplementation to the export list shall be carried out when the testing results satisfy the requirements; or after the establishment submits a report on the results of cause investigation, implements appropriate remedial measures, and is verified by the competent agency as satisfying the requirements in case the tested sample is unsatisfactory.
Section 2
MANAGEMENT OF EXPORT LISTS AND INSPECTION OF MAINTENANCE OF CONDITIONS FOR FOOD SAFETY ASSURANCE OF ESTABLISHMENTS IN THE LISTS
Article 13. Formulation, updating and management of export lists
1. On a monthly basis or within the time limit required by the importing country, the competent agency specified at Clause 1 Article 5 of this Circular shall carry out registration, introduction, confirmation, certification of conditions for food safety assurance and formulation and updating (addition, amendment of information, removal of names) of the export list for each corresponding market and submit it to the competent agency of the importing country for request of recognition; update the export lists of markets on its website after the export lists are recognized.
2. An establishment shall be removed from the export list for the corresponding market in the following cases:
a) The establishment has a written request for withdrawal of its name from the export list;
b) The establishment has unsatisfactory appraisal results or unsatisfactory food safety inspection results in accordance with Point b2 Clause 5 Article 12 and Clause 6 Article 14 of this Circular, or the competent agency of the importing country issues a written request for removal of its name from the export list;
c) The establishment has its Certificate of eligibility for food safety assurance revoked, or its Certificate of eligibility for food safety assurance expires, or the other Certificate of the establishment prescribed at Point k Clause 1 Article 12 of Decree No. 15/2018/ND-CP expires;
d) The establishment suspends its production and export for 12 (twelve) months or more from the time of sending notice to the competent agency and being not subject to inspection and supervision of maintenance of conditions for food safety assurance by the competent agency in accordance with this Circular.
3. The establishment shall be re-included in the export list after satisfying conditions for food safety assurance in accordance with the regulations of Vietnam and the importing market, and carrying out registration and supplementation to the export list in the corresponding market in accordance with Article 12 of this Circular.
1. The inspection agencies are the competent agencies prescribed at Clause 1 Article 5 of this Circular. Inspection activities shall be carried out by inspection teams established by such competent agencies who have responsibilities and powers in accordance with Article 70 of the Law on Food Safety and with the participation of the representative of the local agencies granting the Certificates of eligibility for food safety assurance (if necessary).
2. Subjects of inspection:
a) Establishments included in the export lists of markets with specific requirements;
b) Establishments included in the export list of markets that show signs of food safety violations or food safety incidents; under thematic inspection under the direction of the superior food safety management agency; in case many shipments of the establishments are consecutively detected as failing to ensure food safety by management agencies of Vietnam, importing countries or relevant international organizations within 01 (one) month; in case there is clear information or complaint from organizations or individuals related to food safety;
c) Establishments that fail to remedy or remedy unsatisfactorily in accordance with regulations the unsatisfactory issues stated in the supervision minutes of the certificate-granting agencies as prescribed at Clause 5 Article 25 of this Circular.
3. Inspection frequency: The competent agency shall formulate an annual inspection plan for the cases specified at Point a Clause 2 of this Article, ensuring a minimum inspection frequency of 01 time/establishment/3 years.
4. Forms of examination
a) The competent agency shall conduct inspections without prior notification, except for the case where the establishment must organize production upon inspection at the establishment, raw material-supplying establishments, and finished product storage establishments to ensure full assessment of the regulations of the corresponding specific importing market;
b) Annually, the competent agency shall synthesize inspection results and send them to the local agency granting the Certificate of eligibility for conditions for food safety assurance of establishments for coordination in formulating the food safety inspection plan for the following year as prescribed at Point a Clause 2 Article 69 of the Law on Food Safety.
c) The competent agency shall conduct ad hoc inspections of the establishments specified at Point b and Point c Clause 2 of this Article.
5. Inspection contents, inspection methods and inspection minutes shall comply with Article 12 of this Circular. If violations are detected during the inspection process, working minutes or minutes of administrative violation must be made and transferred to the competent persons for handling in accordance with regulations.
6. Inspection results shall be handled according to the order and procedures prescribed at Clause 5 Article 12 of this Circular.
Chapter III
APPRAISAL AND GRANT OF CERTIFICATES FOR EXPORTED AQUATIC FOODS
Section 1
GENERAL PROVISIONS
Article 15. Requirements for exported products
1. They are produced and stored at establishments included in the export list for each corresponding importing market.
2. They must satisfy the food safety regulations and labeling requirements for mandatory information as prescribed by the importing market, without misrepresenting the nature of the goods, and violating the laws of Vietnam.
3. For products that are preliminarily processed, processed, packaged, and stored by different establishments:
a) The establishment carrying out the final production stage (product packaging, product labeling) and/or the storage establishment must be included in the export list according to the requirements of the corresponding importing market;
b) The establishment carrying out the preceding production stages (preliminary processing, processing) must satisfy the conditions for food safety assurance of the importing market. The preceding production establishment must be included in the export list according to the requirements of the corresponding importing market (if required by the market);
c) The establishments participating in supplying raw materials, transporting, preliminarily processing, processing, packaging, labeling, storing, and exporting the shipment must present a written commitment to jointly take responsibility for implementing handling measures of the certificate-granting agency in case the competent agency of the importing country warn of the shipment or the certificate-granting agency detects violations of food safety related the shipment;
d) The establishments participating in transporting, preliminarily processing, processing, packaging, labeling, storing, and exporting the shipment shall be responsible for keeping complete production dossiers and food safety control dossiers, storage dossiers, and export dossiers for the production stages carried out by the establishments, ensuring the product traceability in accordance with the law regulations.
4. Specific requirements for live, fresh, iced, chilled aquatic products used as food for export:
a) They must satisfy the provisions specified at Clauses 1 and 2 and Point a Clause 3 of this Article;
b) The products are farmed, caught, harvested, procured, preliminarily processed, packaged, labeled, stored, transported, and exported in compliance with the conditions prescribed at Articles 20, 21 and 23 of the Law on Food Safety;
c) The establishment carrying out the final production stage shall organize the establishment of linkages along the supply chain from farming, catching, harvesting, procurement, preliminary processing, packaging, labeling, storage, transportation, to export, ensuring food safety control and traceability, recall and handling of products failing to comply with food safety assurance in accordance with Circular No. 17/2021/TT-BNNPTNT dated December 20, 2021 of the Minister of Agriculture and Rural Development providing for traceability, recall and handling of unsafe food under the management of Ministry of Agriculture and Rural Development (hereinafter referred to as Circular No. 17/2021/TT-BNNPTNT). The control system for the supply chain of exported live, fresh, iced aquatic products shall comply with the guidance in Appendix VII issued together with this Circular.
Article 16. Methods of appraisal of exported shipments of aquatic products
1. The appraisal of exported shipments of aquatic products of establishments registering for export shall be carried out in accordance with one of the following 03 (three) inspection methods:
a) Tightened inspection;
b) Normal inspection;
c) Reduced inspection.
2. Tightened inspection: examination of dossier, organoleptic examination, olfactory and visual examination at site, and sampling of each exported shipment for testing of quality and food safety criteria or groups of criteria in accordance with Appendix VIII issued together with this Circular, applicable to shipments registered for export of:
a) Establishments newly supplemented to the export list;
b) Establishments having shipments with a warn by the competent agency of the importing country or the competent agency of Vietnam as failing to ensure food safety with respect to the following criteria or groups of criteria:
pathogenic microorganisms; pathogenic parasites; residues of contaminants, veterinary drugs, pesticides; additives, processing aids; biotoxins; allergens;
c) Establishments administratively sanctioned in accordance with the law on quality, food safety and fisheries and currently within the period of executing the decisions on sanctioning of administrative violations;
d) Establishments in the export list of markets for which the competent agencies of the importing countries require inspection and sampling for testing of each shipment prior to export.
3. Normal inspection: examination of dossier, organoleptic examination, olfactory and visual examination at site, and sampling for testing of quality and food safety criteria or groups of criteria at a rate corresponding to the number of exported shipments in accordance with Appendix IX issued together with this Circular, applicable to shipments registered for export of:
a) Establishments specified at Point a Clause 2 of this Article, in cases at least 05 (five) exported shipments have been inspected and certified by the certificate-granting agency as satisfactory within at least 30 (thirty) working days from the time of supplementation to the export list;
b) Establishments specified at Point b and Point c Clause 2 of this Article, in case at least 05 (five) exported shipments have been inspected and certified by the certificate-granting agency as satisfactory within at least 30 (thirty) working days from the time of issuance of the notice on completion of the report on cause investigation and implementation of accepted satisfactory remedial actions, or from the date of execution of the Decision on suspension of production or the violation-handling measures in accordance with the law regulations.
c) Establishments in the export list of markets for which the competent agencies of the importing countries require certification of randomly sampled criteria/groups of criteria for shipments prior to export.
4. Reduced inspection: examination of dossier, organoleptic examination, olfactory and visual examination at site, and sampling for testing of quality and food safety criteria or groups of criteria at a rate corresponding to the number of exported shipments in accordance with Appendix IX issued together with this Circular, applicable to shipments registered for export of the establishments specified at Point a and Point b Clause 3 of this Article after maintaining conditions for food safety assurance for at least 6 (six) months from the time of application of the normal inspection regime.
5. The certificate-granting agency shall formulate, update and publish the list of establishments subject to the corresponding inspection method on the portal; notify the establishments in its assigned area within at most 03 (three) working days from the time the establishments fully satisfy the conditions for conversion between inspection methods in accordance with Clauses 2, 3 and 4 of this Article.
Article 17. Provisions on Certificates
1. For exported shipments, Certificates made using the form prescribed by the corresponding importing market and Certificates made using the form of the country of transit, temporary import or re-export of the shipments (if required), with contents conformable and consistent with the Certificates of the importing market and/or other Certificates, certifications or confirmations related to the exported shipments for the cases required by the importing countries and in accordance with the Vietnamese law shall be granted.
2. A Certificate shall only be valid for shipments transported and stored under conditions that do not alter the contents already certified in respect of food safety.
3. A Certificate must have contents and form conformable with the requirements of the corresponding importing market and shall be numbered in accordance with Appendix X issued together with this Circular. In case of necessity, a Certificate may be accompanied by an appendix to serve the certification of complete information of the shipments in accordance with regulations.
Article 18. Establishments not eligible for grant of Certificates
1. The certificate-granting agency shall not grant Certificates to exported shipments produced by establishments for the corresponding market in the following cases:
a) The establishment is notified by the competent agency of the importing country of suspension of importation, or is subject to the measure of suspension of grant of Certificates or temporary suspension of export under the regulations of the Ministry of Agriculture and Environment promulgating management measures on the basis of the requirements of the importing market;
b) The establishment has failed to fully remedy the unsatisfactory contents stated in the notice on appraisal result of food safety conditions or the notice on inspection result of maintenance of food safety conditions issued by the competent agency specified at Clause 1 Article 5 of this Circular, or the establishment fails to comply with the time limit for reporting on cause investigation and remedial actions in respect of shipments of aquatic products with a warn of food safety by the competent agency after the time limit stated in the notice on post-certification supervision result issued by the certificate-granting agency specified at Clause 2 Article 5 of this Circular;
c) The establishment has its production suspended or is sanctioned by deprivation of the right to use the food safety certificate or suspension of operation in accordance with the law on handling of administrative violations in the fields of quality, food safety, fisheries and other relevant laws;
d) The establishment has issued a written notice on suspension of production and no longer has products produced prior to the time of such suspension of production;
dd) The establishment has been removed from the export list for the corresponding markets in accordance with Clause 2 Article 13 of this Circular.
2. An establishment specified at Clause 1 of this Article shall continue to be granted Certificates if it satisfies the following conditions:
a) The establishment has implemented remedial measures as required by the competent agency or the certificate-granting agency and has been notified of satisfactory inspection or supervision results;
b) For an establishment specified at Point a Clause 1 of this Article, the competent agency of the importing country has issued a notice on termination of the suspension of importation.
Article 19. Forms and contents of appraisal and grant of Certificates
Based on the database on the number of exported shipments of an establishment up to the time of registration for appraisal; the inspection method applicable to the establishment; and the sampling rate for testing prescribed in Appendix IX issued together with this Circular, the certificate-granting agency shall determine the appraisal contents for the registered shipments in one of the following two cases:
1. Appraisal contents for a shipment subject only to dossier examination (including sample product shipments as prescribed at Clause 8 Article 3 of this Circular; shipments for which certification is requested to be made in the form DS 2031 as prescribed in Table I.2 Appendix I issued together with this Circular) and grant of Certificate:
a) Comparing and checking the information in the dossier for registration for export of the shipments, the history of conditions for food safety assurance of the establishment, and dossiers relating to the origin of raw materials (if necessary);
b) The requirements prescribed in Appendix II issued together with this Circular for shipments registered for export to markets with specific requirements, including supervision of the production shift of catfish exported to the United States market at Item 4 Section C Chapter III Appendix II and in accordance with Form No. 07.LH in Appendix XII issued together with this Circular.
2. Appraisal contents for shipments subject to testing and grant of Certificates:
a) To comply with Clause 1 of this Article;
b) The order and procedures for organoleptic examination, olfactory and visual examination, and sampling for testing of food safety criteria at site as prescribed in Appendix XI issued together with this Circular, specifically:
- Sampling location: At the finished product warehouse; or an independent cold store or the shipment gathering area at the packaging establishment pending export in respect of live, fresh, iced or chilled aquatic products (if required);
- Designated criteria for testing and the permissible limits of each importing market prescribed in Appendix VIII issued together with this Circular.
- Minutes on appraisal of shipments, made using the Form No. 01.LH in Appendix XII issued together with this Circular.
Section 2
DOSSIERS OF REGISTRATION, ORDER, AND CONTENTS OF APPRAISAL AND GRANT OF CERTIFICATES FOR EXPORTED SHIPMENTS
Article 20. Registration for appraisal
1. The consignor shall submit 01 (one) dossier of request for registration for appraisal for grant of Certificate to the certificate-granting agency prescribed at Clause 2 Article 5 of this Circular, in person or via postal services or via the electronic environment, or submit the dossier and declare information in the Certificate using the form of the importing market upon online registration. Such a dossier includes: Application for grant of Certificate made using the Form No. 02.LH in Appendix XII; Detailed list of the shipment made using the Form No. 03.LH in Appendix XII issued together with this Circular; the sale and purchase contract or processing contract or export entrustment contract signed with the establishment producing and processing the shipment, which contains the commitment of both parties (the producing establishment and the consignor) to jointly assume responsibility in case of the shipment with a warn by the competent agency of the importing country, in case the consignor does not directly carry out the production, processing, and storage of the shipment.
2. Time limit for submission of registration dossier:
a) For live, fresh, iced aquatic products: At least 01 (one) working day prior to the expected time of export;
b) For other products: At least 02 (two) working days prior to the expected time of export in order to obtain the results of dossier examination and determine the corresponding inspection method applicable to the shipment registered for export.
3. The certificate-granting agency shall immediately respond on the completeness of the dossier in case of direct submission; and shall respond on the completeness and validity of the dossier within 01 (one) working day in case of dossier submission via the electronic environment or via postal services in writing:
a) In case the dossier is complete and valid: The certificate-granting agency shall confirm, on the application for grant of Certificate, the form and contents of appraisal and grant of Certificate in accordance with Article 19 of this Circular and send it to the consignor, together with the expected time of appraisal and sampling for testing (if any);
b) In case the dossier is invalid: The certificate-granting agency shall confirm the incomplete contents or contents not conformable with regulations and guide the consignor to supplement the dossier 01 (one) time. In case the dossier does not to satisfy the regulations after supplementation, the consignor must re-register for appraisal.
Article 21. Appraisal and grant of Certificates
1. In case a shipment subject only to dossier examination in accordance with Clause 1 Article 19 of this Circular, the certificate-granting agency shall grant a Certificate to the shipment within 01 (one) working day from the time of receipt of a complete and valid dossier in accordance with Point a Clause 3 Article 20 of this Circular, provided that the consignor fully provides all information and data relating to the shipment prior to the expected time of export for the purpose of confirmation and certification of the contents in the Certificate made using the form of the corresponding importing market.
2. For a shipment subject to sampling for testing in accordance with Clause 2 Article 19 of this Circular, the certificate-granting agency shall carry out as follows:
a) Assign inspectors to carry out appraisal and sampling for testing of the shipment within no more than 01 working day for fresh or iced products, and no more than 02 working days for other products, from the date of receipt of the registration dossier or at the time agreed between the consignor and the certificate-granting agency; the contents and methods of appraisal and sampling for testing shall comply with Clause 2 Article 19 of this Circular;
b) Grant a Certificate to the shipment within 01 (one) working day from the time satisfactory results of examination of production dossier, organoleptic examination, olfactory and visual examination is issued, provided that the consignor fully provides all information and data relating to the shipment prior to the expected time of export for the purpose of confirmation and certification of the contents in the Certificate made using the form of the corresponding importing market.
1. In case the appraisal results of a shipment fail to satisfy the regulations on production dossiers, origin of raw materials, organoleptic criteria, or visual criteria: Within 01 (one) working day from the completion of the on-site appraisal, the certificate-granting agency shall send to the consignor a Notice on unsatisfactory shipment made using the Form No. 04.LH in Appendix XII issued together with this Circular.
The consignor shall be responsible for carrying out re-registration for appraisal in accordance with Article 20 of this Circular after fully and validly remedying the contents failing to satisfy the requirements as stated in the notice on unsatisfactory shipment of the certificate-granting agency.
2. In case the testing results of food safety criteria or groups of criteria fail to satisfy the regulations:
a) Within 01 (one) working day from the date on which full testing results are available, the certificate-granting agency shall send a Notice on unsatisfactory shipment made using the Form No. 04.LH in Appendix XII issued together with this Circular, enclosed with the Testing result sheet of the shipment, to the consignor and the establishment producing the shipment, and shall revoke the Certificate already granted for the shipment (if any);
b) Within 03 (three) working days from the date on which the testing results are sent to the consignor and the establishment producing the shipment, if the consignor or the establishment producing the shipment sends written opinions on the testing results, the certificate-granting agency shall comply with Point 2 Section 8 Appendix XI issued together with this Circular;
c) The establishment producing the shipment and the consignor shall be responsible for investigating the causes and implementing remedial measures, including recall of the shipment (if it has been already exported), and formulating a handling option and plan for the shipment within the required time limit, and shall make and submit an explanatory report made using the Form No. 05.LH in Appendix XII issued together with this Circular to the certificate-granting agency.
Within 05 (five) working days from receipt of the explanatory report of the consignor, the certificate-granting agency shall verify the contents of the report and issue a written notice on verification results to the consignor and the producing establishment. In case on-site verification is conducted, the certificate-granting agency shall notify the establishment of the result within not more than 05 (five) working days from completion of the on-site verification.
Section 3
HANDLING AFTER GRANT OF CERTIFICATES
Article 23. Re-grant of Certificates
1. In case a granted Certificate is lost, damaged, or contains administrative errors during issuance, or in case there is any change in information (except for changes in product identification, quantity, product specifications, traceability of the shipment, or contents already appraised and certified in respect of quality, food safety/aquatic animal health safety in the granted Certificate), or at the request of the competent agency of the importing country or territory, transit country or territory, temporary-import country or territory, or re-export country or territory, the consignor shall send a written request for re-grant of the Certificate, clearly stating the reason therefor, to the certificate-granting agency in one of the following forms: Direct submission, submission by post, or via the electronic environment.
2. The certificate-granting agency shall re-grant the Certificate within 01 (one) working day from receipt of the written request of the consignor, or shall issue a written refusal of re-grant, clearly stating the reason, and send it to the consignor.
3. The re-granted Certificate shall be assigned a new number in accordance with Appendix X issued together with this Circular and shall bear the following note: “This Certificate replaces Certificate No. …, granted on …[Date]” or a note in accordance with the regulations of the market of import, transit, temporary import, or re-export.
Article 24. Grant of a duplicate Certificate
In case the consignor submits a request for grant of a duplicate Certificate for the shipment, the certificate-granting agency shall grant such duplicate Certificate in accordance with the following requirements:
1. The duplicate Certificate is granted within the day on which the original Certificate is received;
2. The duplicate Certificate contains the same contents as the original Certificate.
Article 25. Supervision after appraisal and certification
1. The certificate-granting agencies prescribed at Clause 2 Article 5 of this Circular shall implement the supervision after appraisal and certification.
2. The supervision shall be carried out by inspectors satisfying the requirements specified at Clause 1 Article 6 of this Circular;
3. Scope: supervision combined with activities of appraisal and certification of exported shipments and/or verification and assessment of traceability activities, cause investigation, establishment and implementation of remedies for establishments having products or shipments detected as failing to ensure food safety, or thematic verification, inspection and supervision under the direction of the Ministry of Agriculture and Environment, or coordination with the customs agency (if necessary), or a combination of the foregoing activities;
4. Supervision contents shall comply with the Form No. 06.LH prescribed in Appendix XII issued together with this Circular.
If violations are detected during the supervision process, working minutes or minutes of administrative violation must be made and transferred to the competent agencies or persons for handling in accordance with regulations;
5. Handling of supervision results: Within 03 (three) working days from the date of completion of the supervision, the certificate-granting agency shall issue a written notice on the supervision result, made using the Form No. 08.LH in Appendix XII issued together with this Circular, requesting the establishment to implement remedial measures and report results of remediation of the errors (if any) within 30 working days from the date of the notice. In case the establishment fails to implement remedial measures within the required time limit or the results of remediation are not conformable, the certificate-granting agency shall suspend the grant of Certificate and report in writing to the competent agency prescribed at Clause 1 Article 5 of this Circular for inspection of the maintenance of conditions for food safety assurance in accordance with Clause 2 Article 14 of this Circular;
6. For exported shipments of live aquatic animals used as food and originating from establishments or production locations distributed across different provinces/cities, the certificate-granting agencies shall coordinate in carrying out post-certification supervision to verify the conformity of traceability information of the shipments already exported or pending export, and the conditions for food safety assurance of establishments in the production chain within their assigned areas.
Article 26. Handling of cases of shipments with a warn or products failing to ensure food safety
1. For a shipment with a warn by the competent agency of the importing country
Within 03 (three) working days from the date of official warning information from the competent agency of the importing country, the National Authority for Agro-Forestry-Fishery Quality, Processing and Market Development shall issue a written request the establishment to:
a) Conduct traceability of the shipment, organize investigation to identify the causes leading to the warning of the shipment, establish and implement remedial actions; and submit a report to the certificate-granting agency, made using the Form No. 05.LH in Appendix XI issued together with this Circular. Conduct traceability, recall and handling of unsafe products (in the case of recall) in accordance with Circular No. 17/2021/TT-BNNPTNT;
b) Temporarily suspend export to the corresponding importing country in cases required by the competent agency of the importing country or in accordance with the regulations of the Ministry of Agriculture and Environment;
c) Comply with the regime of sampling for testing of the criteria of which the violation was detected and be subject to supervision by the certificate-granting agency over the implementation of remedial actions for each exported shipment of the non-compliant products or products belonging to the same non-compliant product group produced at the establishment until the competent agency prescribed at Clause 1 Article 5 of this Circular issues a written approval of the establishment’s report on results of cause investigation and remedial measures.
2. For a shipment of which the organoleptic examination results, olfactory and visual examination results, or analytical results of food safety criteria/groups of criteria fail to satisfy the requirements: The certificate-granting agency shall carry out the contents in accordance with Clause 2 Article 22 of this Circular.
3. In case a shipment with residues of prohibited chemicals or antibiotics is detected:
a) Within 3 (three) working days from the time of receipt of information on the violation, the certificate-granting agency shall directly assume the prime responsibility for, and coordinate with relevant local management agencies and the establishment in, conducting investigation of the causes throughout the entire chain of production, preliminary processing, processing and export related to the violating case;
b) Implement measures to prevent the scope of impact of the violation, make working minutes and minutes of administrative violation on food safety, and transfer them to the competent agency or person for handling in accordance with regulations (if any).
4. After receiving the establishment’s report on the results of cause investigation and remedial measures, the certificate-granting agency shall verify the contents of the report:
a) Within 05 (five) working days, the certificate-granting agency shall verify the establishment’s explanatory report, and send a written notice on the verification result to the establishment in case supplementation of information is required, or send a written report to the competent agency in case the verified report is satisfactory for the case specified in Clause 1 of this Article;
b) In case of on-site verification, the certificate-granting agency shall notify the establishment of the on-site verification result and report on it to the competent agency prescribed at Clause 1 Article 5 of this Circular within 05 (five) working days from the completion of the on-site verification.
5. Within 03 (three) working days, the competent agency shall assess the verification report of the certificate-granting agency and send a written notice on the verification result to the certificate-granting agency and the establishment.
Chapter IV
RESPONSIBILITIES AND POWERS OF RELEVANT PARTIES
Article 27. Establishments in the export list
1. Responsibilities:
a) Bearing responsibility before the law for the accuracy and legality of all documents in their registration dossier;
b) Registering with the competent agency for appraisal and inclusion in the export list and complying with the inspection regime regarding the maintenance of conditions for food safety assurance of the competent agency;
c) Assigning authorized persons representing the establishments to work with inspectors and inspection teams at the establishments;
d) Providing fully relevant information, dossiers, documents, and product samples for testing to evaluate the effectiveness of control of hygiene conditions during the production process at the request of the inspection teams or inspectors and bearing responsibility for the information and documents provided;
dd) Maintaining the conditions for food safety assurance that have been appraised; notifying in writing the competent agency in case of suspension of production or changes in the at-law representative or changes in the food safety management system compared to the scope that has been appraised and certified;
e) Remedying and having sufficient evidence of remediation for the errors stated in the minutes on appraisal, inspection, minutes on supervision after certification and notices of the competent agency within the required time limits;
g) Signing the minutes on appraisal, inspection, minutes on supervision;
h) Paying charges and fees for appraisal and certification in accordance with Article 9 of this Circular;
i) Upon any change in information on the validity period or certified scope in the food safety certificate in accordance with Circular No. 38/2018/TT-BNNPTNT and Circulars amending and supplementing of the Ministry of Agriculture and Environment or having other Certificates as prescribed at Point k Clause 1 Article 12 of Decree No. 15/2018/ND-CP, the establishment must send copies thereof to the competent agency as prescribed at Clause 1 Article 5 of this Circular for timely update and management of information.
2. Powers:
a) Providing opinions of agreement or disagreement (clearly stating reasons) regarding the results in the minutes on appraisal, inspection or supervision;
b) Lodging complaints regarding inspection conclusions applicable to the establishments;
c) Promptly reporting to the heads of the managing agencies on negative acts of the appraisal and inspection teams or inspectors.
Article 28. Consignor or establishment producing the exported shipments
1. Responsibilities:
a) Registering with the certificate-granting agency in accordance with this Circular for appraisal and grant of Certificates for the shipments, and bearing responsibility for the accuracy and legality of the information, dossiers and documents provided for appraisal and certification of exported shipments;
b) Complying with the regulations on appraisal and sampling for testing of exported shipments in accordance with this Circular and providing complete relevant dossiers and documents at the request of the inspectors;
c) Not altering the characteristics of the products, composition of the shipments, origin, or labeling information as compared with the contents already registered and appraised for grant of Certificates for the shipments;
d) Proactively reporting to the certificate-granting agency in case shipments are returned or destroyed in the importing country. Implementing appropriate handling measures for returned or recalled shipments at the request of the certificate-granting agency;
e) Paying charges and fees for appraisal and certification in accordance with Article 9 of this Circular.
g) In case the consignor is an organization or individual not directly carrying out the production, processing, or storage of the shipments, the consignor must formulate and apply regulations on traceability, recall and handling of unsafe aquatic products; and carry out supervision of storage conditions, duration, sanitary conditions of means of transport, and integrity of products during transportation from the processing establishment, storage for export in accordance with Article 54, Article 55 of the Law on Food Safety and Circular No. 17/2021/TT-BNNPTNT.
2. Powers:
a) Requesting the certificate-granting agency to provide regulations concerning the appraisal and grant of Certificates for exported shipments in accordance with this Circular;
b) Reserving opinions different from the appraisal result;
c) Lodging complaints and denunciations regarding any acts of violation of law committed by inspectors, the certificate-granting agency, testing laboratories, and relevant individuals and organizations in accordance with the Law on Complaints, the Law on Denunciations, and documents guiding the implementation of the Law on Complaints and the Law on Denunciations.
1. Responsibilities:
a) Complying with the order, procedures, contents, methods and bases for appraisal of conditions for food safety assurance of establishments in accordance with this Circular;
b) Keeping confidential information relating to the production and business activities of establishments, and ensuring accuracy, openness, transparency, honesty, objectivity and non-discrimination upon performance of duties;
c) Not requesting matters beyond the prescribed scope or not causing harassment or difficulties to establishments;
d) Complying with the assignment of the heads of the inspection teams and the heads of the competent agencies; bearing responsibility for inspection results before the heads of the competent agencies and before the law.
2. Powers:
a) Requesting establishments to provide dossiers, documents and specimens (if any) for appraisal, inspection and assessment activities;
b) Entering and leaving production, storage facilities and warehouses; examining dossiers, taking samples, taking photographs, copying and recording necessary information for appraisal for the inspection duty;
c) Making minutes, and proposing and recommending handling measures in case the establishments commit violations of regulations relevant to food safety assurance;
d) Reserving their personal opinions and reporting to the heads of the competent agencies in case of disagreement with the concluding opinion of the heads of the appraisal and inspection teams specified at Point b Clause 2 Article 31 of this Circular.
Article 30. Inspectors conducting appraisal and certification of quality and food safety
1. Responsibilities:
a) Complying with the order, procedures, contents, methods of appraisal and sampling for testing of exported shipments in accordance with this Circular;
b) Keeping confidential information relating to the production and business activities of establishments, and ensuring accuracy, openness, transparency, honesty, objectivity and non-discrimination upon performance of duties;
c) Not requesting matters beyond the prescribed scope or not causing harassment or difficulties to establishments;
d) Bearing responsibility for appraisal results before the heads of the certificate-granting agencies and before the law.
2. Powers:
a) Requesting the consignors to provide dossiers, documents and specimens (if any) for appraisal and sampling for the certification activity;
b) Entering and leaving production, storage facilities and warehouses; examining dossiers, taking samples, taking photographs, copying and recording necessary information for the appraisal duty;
c) Making minutes, and proposing and recommending handling measures in case the consignors or producing establishments commit violations of regulations relevant to quality and food safety;
d) Refusing to conduct appraisal in case the consignors or the producing establishments fail to fully perform the responsibilities prescribed at Point b and Point c Clause 1 Article 28 of this Circular.
Article 31. Heads of the appraisal and inspection teams
1. When performing the assigned duties, the head of an appraisal and inspection team shall have the same responsibilities as an inspector specified at Clause 1 Article 29 of this Circular and the following additional responsibilities:
a) Directing and assigning tasks to members of the appraisal and inspection team in order to fully carry out the contents stated in the decision on establishment of the appraisal and inspection team;
b) Handling the opinions and inspection results of members of the appraisal and inspection team, and making the final conclusion in the minutes on appraisal and inspection;
c) Reviewing and signing the minutes on appraisal and inspection and the inspection result report, and bearing responsibility before the head of the competent agency and before the law for the results of appraisal and inspection carried out by the appraisal and inspection team.
2. Within the scope of assigned duties, the head of the appraisal and inspection team shall have the same powers as an inspector specified at Clause 2 Article 29 of this Circular, and the following additional powers:
a) Proposing to the head of the competent agency the issuance of a decision adjusting members of the appraisal and inspection team in order to fully carry out the contents stated in the decision on establishment of the appraisal and inspection team;
b) Making the final conclusion of the inspection teams on the inspection results.
1. Responsibilities:
a) Organizing verification of registration dossiers, appraisal of compliance with food safety conditions in accordance with the regulations of the registered markets and formulation of the export lists by assigned management areas; inspecting the maintenance of food safety conditions of establishments in the lists in accordance with the regulations of the importing markets;
b) Providing training, professional training and professional guidance to the inspectors on dossier verification, inspection of food safety conditions for supplementation to the export list, appraisal and grant of Certificates for exported aquatic shipments;
c) Fully retaining dossiers related to results of dossier verification and inspection for supplementation to the export lists, and inspection of maintenance of food safety conditions of establishments in the export lists in accordance with regulations of markets; providing full and accurate dossiers and reports on matters related to appraisal and certification of food safety for exported aquatic animals at the request of the Ministry of Agriculture and Environment;
d) Bearing responsibility for the results of appraisal and certification of food safety for exported aquatic animals;
dd) Keeping confidential information relating to production and business secrets of establishments included in the export list;
e) Publishing, registering, introducing and updating the export list for each market in accordance with this Circular;
g) Reporting to the Ministry of Agriculture and Environment for updating the list of markets of which the competent agencies of the importing countries require the National Authority for Agro-Forestry-Fishery Quality, Processing and Market Development to conduct registration, establish lists, and appraise and grant Certificates for exported shipments in accordance with this Circular;
h) Updating the regulations of the importing countries on conditions for food safety assurance of aquatic animals and notifying establishments, consignors, and relevant agencies and organizations thereof for uniform application;
i) Proposing the amendment and supplementation of current regulations on charges and fees for activities of appraisal and inspection of maintenance of food safety conditions of establishments in the export lists. In case there are no regulations on charges and fees, assuming the prime responsibility for formulating annual appraisal and inspection plans, together with funding estimates, for submission to the competent authorities for approval in order to prompt implement the appraisal and inspection of maintenance of food safety conditions of establishments in the export lists;
k) Reporting to the Ministry of Agriculture and Environment for updating the list of designated inspection criteria for exported shipments of aquatic animals prescribed in Appendix VIII issued together with this Circular, on the basis of results of food safety risk assessment for exported aquatic products and regulations of the importing markets;
l) Notifying the food safety inspection plans for maintenance of conditions for food safety assurance of establishments in the annual export lists to the local agencies granting certificates of eligibility for food safety assurance.
2. Powers:
a) Inspecting the satisfaction of food safety conditions by establishments for formulation of the export lists at the request of the markets; handling cases where establishments violate this Circular in accordance with competence and the law regulations;
b) Requiring the establishments subject to appraisal to arrange actual production of at least one of the products registered for inspection under a complete process or of a high-risk product for inspection; requiring the establishments to remedy the unsatisfactory issues regarding conditions for food safety assurance stated in the minutes on inspection; requiring the establishment to take remedies in respect of testing results for food safety criteria of which violations are detected in accordance with this Circular;
c) Notifying the removal from the export list for each corresponding market, and applying the measure of suspension of grant of Certificates to establishments failing to satisfy the conditions for food safety assurance prescribed in this Circular;
d) Requesting relevant competent agencies to handle organizations and individuals violating this Circular in accordance with the law regulations.
Article 33. Regional Agro-Forestry-Fishery Quality, Processing and Market Development Centers
1. Responsibilities:
a) Organizing dossier verification and consideration, appraisal, grant, revocation and re-grant of Certificates for exported aquatic shipments within the assigned areas;
b) Providing training, professional training and professional guidance for the inspectors on dossier verification and consideration, appraisal and grant of Certificates for exported aquatic shipments;
c) Conducting supervision of exported shipments of establishments in the export lists for the markets after appraisal and certification;
d) Properly archiving all dossiers related to supervision, results of dossier verification and consideration, appraisal, grant, revocation and re-grant of Certificates for exported aquatic shipments of establishments in accordance with regulations; providing full and accurate dossiers and reports on matters related to appraisal and grant of export Certificates for exported aquatic shipments at the request of the National Authority for Agro-Forestry-Fishery Quality, Processing and Market Development and its affiliated Sub-Departments;
dd) Bearing responsibility for the results of supervision of the maintenance of conditions for food safety assurance and appraisal and grant of Certificates for exported aquatic shipments;
e) Receiving and resolving complaints of consignors regarding appraisal, grant, revocation and re-grant of Certificates for exported aquatic shipments in accordance with regulations;
g) Keeping confidential information relating to the production and business secrets of establishments appraised and certified for food safety of exported aquatic goods;
h) Managing, establishing and updating methods of inspection of shipments in accordance with this Circular;
i) Reporting to the National Authority for Agro-Forestry-Fishery Quality, Processing and Market Development on the results of performance of the assigned tasks prescribed in this Circular;
2. Powers:
a) Appraising, granting, revoking and re-granting Certificates for exported shipments in accordance with this Circular; refusing appraisal or grant of Certificates in cases the consignor fails to fully perform the responsibilities prescribed at Clause 1 Article 28 of this Circular;
b) Requiring the establishment subject to appraisal to remedy the remedy the unsatisfactory issues, errors concerning conditions for food safety assurance stated in the minutes on appraisal, minutes on supervision; to conduct cause investigation, take remedial actions, and report the results of implementation of remedial actions when the certificate-granting agencies or the competent agencies of the importing countries issue a warning of food safety violations in accordance with this Circular;
c) Requesting relevant competent agencies to handle organizations and individuals violating this Circular in accordance with the law regulations.
1. Organizing and directing the appraisal and grant of food safety certificates to aquatic animal export establishments in the provinces; formulating plans and conducting food safety inspections of establishments in accordance with regulations, except for establishments which undergo already inspection of maintenance of food safety conditions by the competent agency specified at Clause 1 Article 5 of this Circular in accordance with Article 14 of this Circular.
2. Periodically reporting to the National Authority for Agro-Forestry-Fishery Quality, Processing and Market Development or its Sub-Departments by the assigned area on the results of appraisal and grant of food safety certificates and the results of planned inspections of establishments in the provinces, including information on the establishments’ names, addresses, certified products, food safety certificates, appraisal results, and results of planned inspections of establishments in the provinces.
3. Immediately reporting to the competent agency prescribed at Clause 1 Article 5 of this Circular by assigned management area the cases where results of appraisal of aquatic animal production and business establishments included in the export list are unsatisfactory and such establishments are subject to revocation of their granted food safety certificates.
4. Directing relevant affiliated units to coordinate with the certificate-granting agencies in traceability, investigation of causes, recall and handling of unsafe aquatic foods in respect of aquatic animal processing establishments for export having products in violation of food safety.
5. Updating warning information, remedial measures, recall and handling of warned or returned products (if any) of establishments in the export list for inspection and assessment of relevant contents during the appraisal for grant of food safety certificates and food safety supervision at establishments.
Article 35. Testing laboratories
1. Responsibilities:
a) Complying with testing procedures, ensuring capacity of testing equipment, and keeping confidential the consignors’ information and testing results in accordance with the law regulations;
b) Ensuring that testing results are accurate, objective and truthful;
c) Notifying testing results only to the certificate-granting agencies and within the prescribed time limit;
d) Taking responsibility for testing results;
dd) Participating in proficiency testing programs or inter-laboratory comparison programs at the request of the Ministry of Agriculture and Environment;
e) Archiving dossiers and documents relating to testing activities in accordance with regulations and presenting them at the request of the competent agencies.
2. Powers:
a) Refusing samples that fail to satisfy technical requirements in accordance with regulations. Refusing testing in respect of samples or criteria falling outside the certified or designated scope;
b) Being provided with information and facilitated in training for improvement of testing capacity;
c) Collecting testing charges and fees in accordance with current regulations.
CHAPTER V
Article 36. Effect
1. This Circular takes effect on February 02, 2026.
2. From the effective date of this Circular, the following circulars cease to be effective:
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) Article 2 of Circular No. 17/2024/TT-BNNPTNT dated November 28, 2024 of the Minister of Agriculture and Rural Development amending and supplementing a number of Circulars providing for appraisal and certification of establishments producing and trading agro-forestry-fishery foods eligible for conditions for food safety assurance under the management scope of the Ministry of Agriculture and Rural Development;
c) Article 12 of Circular No. 17/2025/TT-BNNMT dated June 19, 2025 of the Minister of Agriculture and Environment providing for decentralization of state management in the field of quality management of agro-forestry products and aquatic products;
d) Decision No. 2864/QD-BNN-QLCL dated November 24, 2011 of the Minister of Agriculture and Rural Development providing for inspection criteria on quality and food safety for exported shipments of aquatic animals;
dd) Decision No. 1471/QD-BNN-QLCL dated June 20, 2012 of the Minister of Agriculture and Rural Development amending the list of designated chemical criteria for testing for exported shipments of aquatic animals issued together with Decision No. 2864/QD-BNN-QLCL dated November 24, 2011 of the Ministry of Agriculture and Rural Development;
e) Decision No. 1802/QD-BNN-QLCL dated May 22, 2020 of the Minister of Agriculture and Rural Development promulgating the food safety control program for fish and fish products of the order Siluriformes exported to the United States market;
g) Decision No. 5523/QD-BNN-CCPT dated December 21, 2023 of the Minister of Agriculture and Rural Development promulgating the food safety control program for aquatic animals and aquatic products exported to the European Union (EU) market.
Article 37. Transitional provisions
1. Establishments included in the export lists before the effective date of this Circular shall continue to be included in the export lists and shall comply with this Circular.
2. After the effective date of this Circular, the establishments currently included in the Grade 1 and Grade 2 priority lists in accordance with Circular No. 48/2013/TT-BNNPTNT shall comply with the following regulations:
a) The establishments in Grade 1 priority list for at least 03 (three) months shall be transferred to the list of establishments subject to reduced inspection prescribed at Clause 4 Article 16 of this Circular;
b) The establishments in Grade 2 priority list, or establishments currently in Grade 1 priority list but not yet satisfying the conditions for transfer to the list of establishments subject to reduced inspection under Point a Clause 2 of this Article, shall be transferred to the list of establishments subject to normal inspection prescribed at Clause 3 Article 16 of this Circular;
3. For shipments requiring quarantine certification at the request of the importing countries, the appraisal contents shall comply with the forms of the importing markets and the regulations of the Ministry of Agriculture and Environment.
4. For organizations and individuals that submitted dossiers for administrative procedures before the effective date of this Circular, the agencies resolving the administrative procedures shall comply with the regulations in force at the time the dossiers were submitted, except for the cases where the organizations or individuals request application of this Circular.
5. In case legal normative documents mentioned herein are amended, supplemented or replaced, these amending, supplementing or replacing documents shall apply.
Article 38. Responsibility of implementation
1. The Director General of the National Authority for Agro-Forestry-Fishery Quality, Processing and Market Development shall be responsible for organizing the implementation of this Circular.
2. Heads of agencies under the National Authority for Agro-Forestry-Fishery Quality, Processing and Market Development and Directors of the Departments of Agriculture and Environment of provinces and centrally run cities shall be responsible for the implementation of this Circular.
3. Any problems arising in the course of implementation of this Circular should be promptly reported to the Ministry of Agriculture and Environment for consideration and handling./.
FOR THE MINISTER |
* All Appendices are not translated herein.
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This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here
This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here
Phu luc XII This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here
This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here
This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here
This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here
ENGLISH DOCUMENTS
This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here
This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here
