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MINISTRY OF AGRICULTURE AND ENVIRONMENT |
SOCIALIST REPUBLIC OF VIETNAM |
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No. 80/2025/TT-BNNMT |
Hanoi, December 31, 2025 |
ON ASSESSMENT AND CERTIFICATION OF FOOD SAFETY FOR EXPORTED FISHERY PRODUCTS
Pursuant to the Law on Organization of the Government No. 63/2025/QH15 dated February 18, 2025;
Pursuant to the Law on Food Safety dated June 17, 2010;
Pursuant to Decree No. 15/2018/ND-CP dated February 2, 2018 of the Government on elaboration of the Law on Food Safety;
Pursuant to the Law on Product and Goods Quality No. 05/2007/QH12 dated November 21, 2007; and the Law on amendments to the Law on Product and Goods Quality No. 78/2025/QH15 dated June 18, 2025;
Pursuant to Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government on elaboration of the Law on Product and Goods Quality; Decree No. 74/2018/ND-CP dated May 15, 2018 of the Government on amendments to Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government on elaboration of the Law on Product and Goods Quality; Decree No. 13/2022/ND-CP dated January 21, 2022 of the Government on amendments to Decree No. 132/2008/ND-CP dated December 31, 2008 and Decree No. 86/2012/ND-CP dated October 19, 2012 of the Government on elaboration of and guidelines for a number of articles of the Law on Measurement;
Pursuant to Decree No. 136/2025/ND-CP dated June 12, 2025 of the Government on devolution and delegation in the field of agriculture and environment;
Pursuant to Decree No. 35/2025/ND-CP dated February 25, 2025 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Environment;
Pursuant to Decree No. 35/2025/ND-CP dated February 25, 2025 of the Government on functions, duties, powers, and organizational structure of the Ministry of Agriculture and Environment;
This Circular provides for:
1. Procedures for assessment and evaluation of food safety compliance conditions for fishery food production and business establishments (hereinafter referred to as establishments) in accordance with regulations of importing countries or territories that require the competent authority of Vietnam to establish, register, and add such establishments to the Export list; activities of inspection and supervision of the maintenance of food safety compliance conditions of establishments included in the Export list.
2. Applications, procedures, and competence for issuance of food safety certification, quarantine certification, or other certificates or confirmations (hereinafter collectively referred to as certificates) related to consignments of fishery food products, composite and multi-ingredient foods containing fishery materials registered for export to countries or territories that require the competent authority of Vietnam to issue certificates in accordance with the forms prescribed by the importing country.
1. Regulated entities:
a) Establishments that have been issued a Certificate of eligibility for food safety compliance which remains valid in accordance with the Law on Food Safety and documents on elaboration of and guidelines for its implementation (Government Decrees, Circular No. 38/2018/TT-BNNPTNT dated December 25, 2018 of the Ministry of Agriculture and Rural Development (hereinafter referred to as Circular No. 38/2018/TT-BNNPTNT), and Circulars amending this Circular);
b) Establishments holding other certificates as prescribed at Point k Clause 1 Article 12 of Decree No. 15/2018/ND-CP dated February 2, 2018 of the Government on elaboration 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) Consignments of fishery products, fishery food products, and multi-ingredient composite foods containing fishery materials exported to countries or territories that require certificates to be issued by the competent authority of Vietnam in accordance with the forms prescribed by the importing market.
For consignments of fishery food products and fishery products, and multi-ingredient composite foods containing fishery materials exported to importing markets that require quarantine certification, the certifying authority prescribed in Clause 2 Article 5 of this Circular shall concurrently perform assessment and certification of food safety and quarantine.
2. The following cases are not subject to application of this Circular:
a) Establishments not falling within the entities specified at Points a and b Clause 1 of this Article;
b) Fishery products and fishery products exported for non-food purposes.
Article 3. Interpretation of terms
For the purposes of this Circular, the following terms are construed as follows:
1. Independent fishery food production establishment means an establishment with adequate facilities and equipment to fully carry out an independent production process from receipt of raw materials to final packaging and storage of finished products; having a dedicated quality management team with at least 3 personnel performing food safety control during production and at least 1 personnel having completed a training course on food safety management in accordance with the Hazard Analysis and Critical Control Point – HACCP principles (hereinafter referred to as the HACCP principles).
2. Production batch means a quantity of products produced from one or more batches of fishery raw materials with sufficient information on origin, produced under the same technological process, under the same production conditions and factors affecting food safety compliance conditions, within a period not exceeding 24 consecutive hours at one Establishment.
3. Export consignment means a quantity of goods registered by the consignor for assessment and certification for export in a single shipment to one importer by one means of transport.
4. Group of similar fishery products means fishery food products having the same level of food safety risk, produced under fundamentally similar technological processes or differing at certain stages but not giving rise to significant food safety hazards at one Establishment.
5. Fishery food production means the performance of one, several, or all activities of aquaculture, harvesting, preliminary processing, processing, packaging, and storage to create fishery food products.
6. Fishery food products means fishery products that humans consume or drink in fresh, preliminarily processed, processed, or preserved forms.
7. Ready-to-eat fishery food products means fishery products that can be consumed directly by humans without special treatment prior to consumption.
8. Sample product consignment means a consignment exported for purposes of product introduction, exhibition at fairs, exhibitions, or research, not placed on the market for commercial consumption as food, with a total registered quantity for export certification not exceeding 50 kg.
9. Assessment: means activities of reviewing and evaluating the completeness and validity of applications; conducting on-site inspection of food safety compliance conditions of establishments to evaluate the production, processing, and storage of fishery food products for export in accordance with regulations of Vietnam and requirements of importing markets.
10. Importing market with equivalent requirements means a market that requires the competent authority of Vietnam to establish and update a list of establishments meeting Vietnam’s regulations for recognition or/and to assess and issue certificates for fishery consignments prior to export in accordance with prescribed forms.
11. Importing market with specific requirements means a market that imposes specific requirements on food safety control across the entire chain of fishery production, processing, and export in the exporting country. Importing markets with specific requirements are specified in Appendix II enclosed with this Circular.
Article 4. Grounds for assessment for establishment of the Export list and certification of export consignments
The grounds for assessment for establishment of the Export list, issuance of certificates for consignments of exported fishery food products, and inspection and supervision of the maintenance of food safety compliance conditions of establishments included in the Export list shall comply with Articles 41 and 42 of the Law on Food Safety; relevant regulations and technical standards of Vietnam; and regulations on food safety and traceability of fishery products of importing markets.
Article 5. Assessment and certification authorities
1. The Department of Quality, Processing and Market Development and its affiliated Sub-departments (hereinafter referred to as the competent authority), assigned by regions under their respective areas of responsibility (the Sub-department of Quality, Processing and Market Development for the Central Region and the Sub-department of Quality, Processing and Market Development for the Southern Region), shall perform the following tasks:
a) Assess applications and evaluate food safety compliance conditions of establishments seeking to participate in the export fishery certification program in accordance with regulations of Vietnam and the importing markets registered by the establishments; manage the Export list, including establishment, addition, amendment, and removal of establishments in accordance with regulations, for submission to the competent authority of importing countries for recognition;
b) Inspect the maintenance of food safety compliance conditions of establishments included in the Export list in accordance with the Law on Food Safety and corresponding requirements of importing markets.
2. The Regional Centers for Quality, Processing and Market Development Regions 1, 2, 3, 4, 5, and 6 (hereinafter referred to as the certifying authorities) shall conduct assessment and issue certificates for consignments of exported fishery products, fishery food products, and multi-ingredient composite foods containing fishery materials; and conduct post-assessment and post-certification food safety supervision.
Article 6. Requirements for inspectors, members of the assessment team, and inspection of the maintenance of food safety compliance conditions
1. Requirements for inspectors
a) Being honest and objective, and having no conflict of interests with the establishment subject to inspection, supervision, or assessment;
b) Having thorough knowledge of the system of legal regulations on quality and food safety of Vietnam and of importing markets with relevant requirements;
c) Having participated in a training course or refresher training on inspection and assessment professional skills appropriate to the field of quality and food safety.
2. Requirements for the head of the assessment team
a) Meeting the requirements specified in Clause 1 of this Article;
b) Having at least 3 years of working experience in the field of inspection and assessment, and having participated in inspection/assessment of at least 5 establishments in the field of quality and food safety inspection and assessment.
3. Requirements for sampling personnel
Holding a certificate or certification on sampling, or holding a certificate, certification, or confirmation of participation in and completion of a training program or refresher training that includes contents on food sampling.
Article 7. Requirements for equipment and tools used for on-site inspection and assessment
1. Being specialized and labeled to identify their intended use;
2. Being in good operating and maintenance condition; being subject to verification and calibration in accordance with regulations; and ensuring that they do not constitute a source of contamination.
Article 8. Requirements for testing laboratories
Testing laboratories participating in analysis, testing, and examination of quality and food safety criteria in accordance with this Circular must be designated to serve state management in accordance with the law.
The collection of fees and charges for assessment of compliance with food safety conditions of establishments for establishment and addition to the Export list; and for assessment and issuance of certificates for consignments of fishery products used as food for export shall be conducted in accordance with the law on fees and charges.
EXPORT FISHERY CERTIFICATION PROGRAM
Article 10. Export fishery certification program
1. The export fishery certification program includes assessment activities for establishment, registration, and addition of establishments to the Export list, and assessment and issuance of certificates for fishery food products exported to countries and territories in accordance with importing market requirements. The list of countries and territories is specified in Appendix I enclosed with this Circular.
2. The export fishery certification program is voluntary. Establishments wishing to export to markets specified in Clause 1 of this Article shall carry out registration for establishment and addition to the Export list, and assessment and certification with the authorities specified in Article 5 of this Circular.
3. Establishments participating in the Program must meet the following criteria:
a) Food safety compliance conditions of Vietnam;
b) Regulations and technical standards on food safety assurance, traceability, recall, and handling of unsafe products of the corresponding importing country;
c) Specific market regulations specified in Appendix II enclosed with this Circular, in cases where establishments wish to export to such markets.
4. In the event of new requirements of importing markets, the Department of Quality, Processing and Market Development shall consolidate and report to the Ministry of Agriculture and Environment for updating the list of markets and new regulations and requirements specified in Appendix I and Appendix II enclosed with this Circular within 30 working days from the date of receipt of regulatory documents of the competent authority of the importing country, and shall concurrently notify and provide guidance to relevant organizations and individuals for implementation.
Section 1. REGISTRATION AND ASSESSMENT OF FOOD SAFETY COMPLIANCE CONDITIONS
Article 11. Entities eligible for registration and addition to the Export list
1. Establishments specified at Point a Clause 1 Article 2 of this Circular that wish to register for export to importing markets with equivalent requirements.
2. Establishments specified at Point a Clause 1 Article 2 of this Circular registering for export to at least one of the importing markets with specific requirements.
3. Establishments specified at Point b Clause 1 Article 2 of this Circular that wish to apply for addition to the Export list.
4. Establishments already included in the Export list that wish to apply for addition of importing markets with specific requirements or that have changes in quality and food safety compliance conditions (including expansion or reduction of production premises, or addition of new product groups) compared with the scope previously assessed and certified. The list of fishery product groups is specified in Appendix III enclosed with this Circular.
5. Establishments already included in the Export list that have completed the development, approval, and application of a quality management program in accordance with HACCP principles for new products belonging to fishery product groups that have been assessed and certified are eligible to register for export. The certifying authority specified in Clause 2 Article 5 of this Circular shall be responsible for assessing compliance with food safety conditions in the production and processing of new products of the establishment when conducting assessment and issuing certificates for export consignments in accordance with regulations of Vietnam and importing markets, and shall concurrently update the list of recognized products of the establishment for management purposes.
Article 12. Procedures for registration and addition to the Export list
1. Organizations and individuals shall submit 1 set of applications for registration and addition to the Export list to the competent authority specified in Clause 1 Article 5 of this Circular, either in person, via the electronic environment, or through postal services. The application shall include: an application form using Form No. 01.DK in Appendix IV; an explanatory statement on facilities, equipment, and tools ensuring food safety and hygiene conditions using Form No. 02.DK in Appendix IV enclosed with this Circular.
2. The competent authority shall immediately notify the completeness of the application in cases of in-person submission, or within 1 working day in cases of submission via the electronic environment or postal services, by written notice.
3. Within 3 working days from the date of receipt of a complete application, the competent authority shall assess the registration application:
a) In case the application is invalid, the competent authority shall notify the result to the establishment and clearly state the reasons using Form No. 03.DK in Appendix IV enclosed with this Circular. Within 15 working days from the date of issuance of the notice, the establishment shall submit supplemented applications or re-submit the application in accordance with Clause 1 of this Article;
b) In case the application is complete and valid for establishments specified in Clause 1 Article 11 of this Circular, the competent authority shall issue a notice confirming registration using Form No. 04.DK in Appendix IV enclosed with this Circular and assign an identification code (for establishments without an identification code) in accordance with Appendix V enclosed with this Circular, and concurrently consolidate information to request recognition by the competent authority of the importing country in accordance with Article 13 of this Circular.
4. For establishments specified in Clauses 2, 3, and 4 Article 11 of this Circular, within 10 working days from the date of receipt of a complete and valid application, the competent authority shall decide on establishment of an assessment team using Form No. 05.DK in Appendix IV enclosed with this Circular, organize on-site assessment, and prepare an assessment record using Form No. 06.DK in Appendix IV enclosed with this Circular.
In case violations are detected, the assessment team shall prepare a working record or an administrative violation record for transfer to competent agencies or persons for handling in accordance with the law.
5. Within 5 working days from the date of completion of the assessment, the competent authority shall review the assessment record (and may request the assessment team to explain assessment contents where necessary):
a) If the assessment result meets requirements, the competent authority shall issue a notice of assessment results, assign an identification code to the establishment (for establishments without an identification code), and issue the list of certified product groups using Form No. 07.DK in Appendix IV enclosed with this Circular;
b) If the assessment result does not meet requirements, the competent authority shall issue a notice of non-compliant results using Form No. 08.DK in Appendix IV enclosed with this Circular and request the establishment to carry out corrective actions for non-conformities (including corrective measures for products manufactured under food safety compliance conditions that fail to meet requirements).
The establishment shall be responsible for reporting corrective results, together with relevant applications and evidence, using Form No. 09.DK in Appendix IV enclosed with this Circular, within a maximum period of 30 working days from the date of issuance of the notice, and submit them to the competent authority for consideration and review.
b1) Within 2 working days from the date of receipt of the corrective report of the establishment, where the assessment team reviews and confirms compliance, the competent authority shall proceed in accordance with Point a Clause 5 of this Article;
b2) In cases where the establishment fails to submit a corrective report within the required time limit, or where the corrective report reviewed by the assessment team fails to meet requirements, the competent authority shall issue a corresponding notice of non-compliance in accordance with requirements of the market for which the establishment has registered export, using Form No. 08.DK in Appendix IV enclosed with this Circular.
The notice of non-compliant assessment results shall also be sent to the competent authority issuing the Certificate of eligibility for food safety compliance for coordination in management and consideration of revocation of the food safety certificate in accordance with the Law on Food Safety, or sent to other certification organizations in cases where establishments fall under the entities specified at Point k Clause 1 Article 12 of Decree No. 15/2018/ND-CP for handling measures in accordance with regulations on conformity assessment (where necessary).
6. In cases where sampling is conducted for analysis and evaluation of effectiveness of hygiene control conditions during the assessment in accordance with Appendix IV enclosed with this Circular, addition to the Export list shall be carried out upon obtaining satisfactory testing results; or after the establishment submits a report on investigation of causes and carries out appropriate corrective measures, and such measures are reviewed and confirmed as satisfactory by the competent authority in cases where testing results are unsatisfactory.
Section 2. MANAGEMENT OF THE EXPORT LIST AND INSPECTION OF MAINTENANCE OF FOOD SAFETY COMPLIANCE CONDITIONS OF ESTABLISHMENTS INCLUDED IN THE EXPORT LIST
Article 13. Establishment, updating, and management of the Export list
1. On a monthly basis or in accordance with timelines required by importing countries, the competent authority specified in Clause 1 Article 5 of this Circular shall carry out registration, introduction, confirmation, certification of food safety compliance conditions, and establishment and updating (including new addition, amendment of information, and removal) of the Export list by each corresponding market, and send it to the competent authority of the importing country for recognition; and update Export lists of markets on the electronic information portal after recognition of the Export list.
2. An establishment shall be removed from the Export list for the corresponding market in the following cases:
a) The establishment submits a written request for removal from the Export list;
b) The establishment has assessment results or food safety inspection results that fail to meet requirements in accordance with Point b2 Clause 5 Article 12 and Clause 6 Article 14 of this Circular, or the competent authority of the importing country issues a written request for removal from the Export list;
c) The establishment has its Certificate of eligibility for food safety compliance revoked, or such certificate expires, or the establishment holds another certificate specified at Point k Clause 1 Article 12 of Decree No. 15/2018/ND-CP that expires;
d) The establishment ceases production and export for 12 months or more from the date of notification to the competent authority and is not subject to inspection or supervision of maintenance of food safety compliance conditions by the competent authority in accordance with this Circular.
3. An establishment shall be re-included in the Export list after meeting food safety compliance conditions in accordance with regulations of Vietnam and importing markets, and carrying out registration and addition to the Export list for the corresponding market in accordance with Article 12 of this Circular.
Article 14. Inspection of maintenance of food safety compliance conditions of establishments included in the Export list
1. The implementing authority is the competent authority specified in Clause 1 Article 5 of this Circular. Inspection activities shall be conducted by an inspection team established by this competent authority, having responsibilities and powers in accordance with Article 70 of the Law on Food Safety, with participation of representatives of the authority issuing Certificates of eligibility for food safety compliance at the local level (where necessary).
2. Entities subject to inspection:
a) Establishments included in the Export list for importing markets with specific requirements;
b) Establishments included in the Export list for importing markets showing signs of food safety violations or food safety incidents; subject-specific inspections as directed by the superior food safety regulatory authority; cases where establishments have consecutive consignments detected as non-compliant with food safety by domestic authorities, importing country authorities, or relevant international organizations within a period of 1 month; cases where there is clear information, feedback, or complaints from organizations or individuals related to food safety;
c) Establishments that fail to carry out corrective actions or carry out corrective actions that fail to meet requirements for non-conformities stated in supervision records of the certifying authority in accordance with Clause 5 Article 25 of this Circular.
3. Inspection frequency: The competent authority shall develop annual inspection plans for cases specified at Point a Clause 2 of this Article, ensuring a minimum inspection frequency of 1 inspection per establishment every 3 years.
4. Forms of inspection
a) The competent authority shall conduct unannounced inspections, except for cases where establishments are required to organize production during on-site inspection, or where establishments supplying raw materials or storing finished products must be inspected to ensure comprehensive assessment of specific importing market requirements;
b) On an annual basis, the competent authority shall consolidate inspection results and send them to the local authority issuing Certificates of eligibility for food safety compliance for coordination in developing the food safety inspection plan for the subsequent year as prescribed at Point a Clause 2 Article 69 of the Law on Food Safety;
c) The competent authority shall conduct ad hoc inspections of establishments specified at Points b and c Clause 2 of this Article.
5. The subject matters, methods of inspection, and inspection records shall comply with Article 12 of this Circular. During inspection, where violations are detected, a working record or an administrative violation record shall be prepared and transferred to competent persons for handling in accordance with regulations.
6. Handling of inspection results shall be carried out in accordance with the procedures specified in Clause 5 Article 12 of this Circular.
ASSESSMENT AND ISSUANCE OF CERTIFICATES FOR EXPORTED FISHERY FOOD PRODUCTS
Article 15. Requirements for exported products
1. Products shall be manufactured and stored at establishments included in the Export list corresponding to each importing market.
2. Products shall meet food safety regulations and mandatory labeling requirements of the importing market, shall not distort the nature of goods, and shall not violate Vietnamese law.
3. For products that are preliminarily processed, processed, packaged, and stored by different establishments:
a) The establishment performing the final production stage (packaging and labeling) or/and the storage establishment shall be included in the Export list corresponding to the importing market requirements;
b) Establishments performing preceding production stages (preliminary processing and processing) shall meet food safety compliance conditions of the importing market; such preceding production establishments shall be included in the Export list corresponding to the importing market requirements (where required by the market);
c) Establishments participating in supply of raw materials, transportation, preliminary processing, processing, packaging, labeling, storage, and export of consignments shall have written commitments to jointly be held accountable for implementation of handling measures required by the certifying authority in cases where consignments are warned by the competent authority of the importing country or where the certifying authority detects food safety violations;
d) Establishments participating in transportation, preliminary processing, processing, packaging, labeling, storage, and export of consignments shall be responsible for maintaining complete production and food safety control documentation, storage and export documentation for the production stages performed by such establishments, ensuring traceability of product origin in accordance with regulations.
4. Specific requirements for live, fresh, iced, and chilled fishery products used as food for export:
a) Compliance with requirements specified in Clauses 1 and 2 and Point a Clause 3 of this Article;
b) Products shall be farmed, harvested, collected, purchased, preliminarily processed, packaged, labeled, stored, transported, and exported in compliance with conditions specified in Articles 20, 21, and 23 of the Law on Food Safety;
c) The establishment performing the final production stage shall organize supply chain linkage from farming, harvesting, collection, purchase, preliminary processing, packaging, labeling, storage, transportation, to export, ensuring food safety control, traceability, recall, and handling of unsafe products in accordance with Circular No. 17/2021/TT-BNNPTNT dated December 20, 2021 of the Minister of Agriculture and Rural Development on traceability, recall, and handling of unsafe food under the management scope of the Ministry of Agriculture and Rural Development (hereinafter referred to as Circular No. 17/2021/TT-BNNPTNT). The self-control system for the supply chain of exported live, fresh, and iced fishery products shall comply with guidance in Appendix VII enclosed with this Circular.
Article 16. Methods of assessment of exported fishery consignments
1. Assessment of fishery consignments of establishments registering for export shall be carried out using one of the following 3 inspection methods:
a) Tight inspection;
b) Normal inspection;
c) Reduced inspection.
2. Tight inspection: Tight inspection includes application review, sensory and visual inspection on site, and sampling of each export consignment for testing of quality and food safety criteria and groups of criteria in accordance with Appendix VIII enclosed with this Circular, and applies to consignments registered for export by:
a) Establishments newly added to the Export list;
b) Establishments whose consignments have been warned as non-compliant with food safety by the competent authority of the importing country or the competent authority of Vietnam with respect to criteria and groups of criteria including: pathogenic microorganisms; pathogenic parasites; residues of contaminants, veterinary drugs, plant protection drugs; food additives and processing aids; biotoxins; and allergens;
c) Establishments subject to administrative sanctions in accordance with the law on quality, food safety, and fisheries and currently within the period of execution of administrative sanction decisions;
d) Establishments included in the Export list for markets where the competent authority of the importing country requires inspection and sampling for testing of each consignment prior to export.
3. Normal inspection: Normal inspection includes application review, sensory and visual inspection on site, and sampling for testing of quality and food safety criteria and groups of criteria at a rate corresponding to the number of export consignments in accordance with Appendix IX enclosed with this Circular, and applies to consignments registered for export by:
a) Establishments specified at Point a Clause 2 of this Article, having at least 5 export consignments that have been inspected and certified as compliant by the certifying authority within a minimum period of 30 working days from the date of being added to the Export list;
b) Establishments specified at Points b and c Clause 2 of this Article, having at least 5 export consignments that have been inspected and certified as compliant by the certifying authority within a minimum period of 30 working days from the date of issuance of the notice confirming completion of submission of the root cause investigation report and implementation of corrective actions approved as compliant, or from the date of completion of execution of the decision on suspension of production or other violation handling measures in accordance with law;
c) Establishments included in the Export list for markets where the competent authority of the importing country requires certification of criteria or groups of criteria subject to random sampling of consignments prior to export.
4. Reduced inspection: Reduced inspection includes application review, sensory and visual inspection on site, and sampling for testing of quality and food safety criteria and groups of criteria at a reduced rate corresponding to the number of export consignments in accordance with Appendix IX enclosed with this Circular, and applies to consignments registered for export by establishments specified at Points a and b Clause 3 of this Article after maintaining good food safety compliance conditions for a minimum period of 6 months from the date of application of the normal inspection regime.
5. The certifying authority shall establish, update, and publicly disclose the list of establishments subject to the corresponding inspection methods on the electronic information portal, and notify establishments within its jurisdiction within a maximum period of 3 working days from the date on which establishments become eligible for transition between inspection methods in accordance with Clauses 2, 3, and 4 of this Article.
Article 17. Provisions on certificates
1. Export consignments shall be issued certificates in accordance with the forms prescribed by the corresponding importing market, and certificates in accordance with the forms of transit, temporary import, or re-export countries (where required), with contents consistent and aligned with certificates of the importing market and/or other relevant certificates or confirmations related to export consignments where required by the importing country and in accordance with Vietnamese law.
2. Certificates are valid only for consignments transported and stored under conditions that do not alter the certified food safety contents.
3. Certificates shall have contents and formats consistent with requirements of the corresponding importing market and shall be numbered in accordance with Appendix X enclosed with this Circular. Where necessary, certificates may be accompanied by annexes to fully certify consignment information in accordance with regulations.
Article 18. Cases where certificates are not issued
1. The certifying authority shall not issue certificates for export consignments manufactured by establishments exporting to the corresponding market in the following cases:
a) Establishments notified by the competent authority of the importing country of suspension of import, or subject to measures of suspension of certificate issuance or suspension of export in accordance with management measures promulgated by the Ministry of Agriculture and Environment on the basis of importing market requirements;
b) Establishments that have not fully implemented corrective actions for non-compliances stated in notices of assessment results on food safety compliance conditions or inspection of maintenance of food safety compliance conditions issued by the competent authority specified in Clause 1 Article 5 of this Circular, or that exceed the deadlines stated in notices of post-certification supervision results issued by the certifying authority specified in Clause 2 Article 5 of this Circular; establishments that fail to comply with deadlines for submission of root cause investigation reports and corrective actions for fishery consignments subject to food safety warnings by the competent authority;
c) Establishments currently subject to suspension of production or to sanctions involving deprivation of the right to use food safety certificates or suspension of operations in accordance with the law on handling of administrative violations in quality, food safety, fisheries, and other relevant laws;
d) Establishments that submit written notices of temporary suspension of production and no longer have products manufactured prior to the suspension date;
dd) Establishments whose names have been removed from the Export list for the corresponding markets in accordance with Clause 2 Article 13 of this Circular.
2. Establishments specified in Clause 1 of this Article may continue to be issued certificates upon meeting the following conditions:
a) Establishments have implemented corrective measures as required by the competent authority or the certifying authority and have received notices confirming satisfactory inspection or supervision results;
b) For establishments specified at Point a Clause 1 of this Article, the competent authority of the importing country has issued a notice lifting the suspension of import.
Article 19. Forms and contents of assessment and issuance of certificates
Based on the management database on the number of export consignments of establishments up to the time of registration for assessment; the inspection method applied to the establishment; and the sampling rate for testing prescribed in Appendix IX enclosed with this Circular, the certifying authority shall determine the assessment contents for registered consignments under one of the following cases:
1. Assessment contents for consignments subject only to application review (including sample product consignments as prescribed in Clause 8 Article 3 of this Circular; consignments requesting issuance of certificates solely in accordance with Form DS 2031 as prescribed in Table I.2 Appendix I enclosed with this Circular) and issuance of certificates:
a) Cross-checking information in export registration applications for consignments, the establishment’s history of food safety compliance conditions, and documentation related to origin and traceability of raw materials (where necessary);
b) Requirements prescribed in Appendix II enclosed with this Circular for consignments registered for export to markets with specific requirements, including supervision of production shifts for export of pangasius to the United States market specified in Section 4 Part C Chapter III of Appendix II and in accordance with Form No. 07.LH in Appendix XII enclosed with this Circular.
2. Assessment contents for consignments subject to testing and issuance of certificates:
a) In accordance with Clause 1 of this Article;
b) Procedures for sensory and visual inspection and sampling for testing of food safety criteria on site as prescribed in Appendix XI enclosed with this Circular, specifically:
– Sampling locations: at finished product warehouses; or independent cold storage facilities; or consignment assembly areas at packaging establishments awaiting export, for live, fresh, iced, or chilled fishery products (where required);
– Designated testing criteria and permissible limits for each importing market as prescribed in Appendix VIII enclosed with this Circular;
– Assessment record for consignments using Form No. 01.LH in Appendix XII enclosed with this Circular.
Section 2. APPLICATIONS FOR REGISTRATION, PROCEDURES, AND CONTENTS OF ASSESSMENT AND ISSUANCE OF CERTIFICATES FOR EXPORT CONSIGNMENTS
Article 20. Registration for assessment
1. The consignor shall submit 1 set of applications for registration for assessment and issuance of certificates to the certifying authority specified in Clause 2 Article 5 of this Circular, in person, via postal services, via the electronic environment, or by submitting applications and declaring certificate information in accordance with the importing market’s form when registering online. The application shall include: an application for issuance of certificates using Form No. 02.LH in Appendix XII; a detailed consignment list using Form No. 03.LH in Appendix XII enclosed with this Circular; and documents on sale and purchase, processing, or export entrustment with the establishment manufacturing or processing the consignment, which include a commitment by both parties (the manufacturing establishment and the consignor) to be jointly held accountable in cases where the consignment is warned by the competent authority of the importing country, where the consignor does not directly perform manufacturing, processing, or storage of the consignment.
2. Time limits for submission of registration applications:
a) For live and fresh iced fishery products: at least 1 working day prior to the expected export date;
b) For other products: at least 2 working days prior to the expected export date in order to obtain results of application review and determine the corresponding inspection method for the registered export consignment.
3. The certifying authority shall immediately notify the completeness of applications for in-person submission; and shall notify the completeness and validity of applications within 1 working day for submission via the electronic environment or postal services, by written notice:
a) In case the application is complete and valid, the certifying authority shall confirm the form and contents of assessment and issuance of certificates in accordance with Article 19 of this Circular in the application for issuance of certificates sent to the consignor, and notify the expected time of assessment and sampling for testing (if any);
b) In case the application is invalid, the certifying authority shall identify missing contents or contents not in compliance with regulations and guide the consignor to supplement the application once. Where the supplemented application continues to fail to meet requirements, the consignor shall carry out re-registration and re-assessment.
Article 21. Assessment and issuance of certificates
1. Where consignments fall within cases subject only to application review in accordance with Clause 1 Article 19 of this Circular, the certifying authority shall issue certificates for consignments within 1 working day from receipt of complete and valid applications in accordance with Point a Clause 3 Article 20 of this Circular, and the consignor shall concurrently provide complete information and data related to the consignment prior to the expected export date to serve confirmation and certification of certificate contents in accordance with the corresponding importing market’s form.
2. Where consignments are subject to sampling for testing in accordance with Clause 2 Article 19 of this Circular, the certifying authority shall proceed as follows:
a) Assign inspectors to conduct assessment and sampling for testing of consignments within no more than 1 working day for fresh and iced products, and no more than 2 working days for other products from the date of receipt of the registration application, or in accordance with the time agreed between the consignor and the certifying authority; contents and methods of assessment and sampling for testing shall comply with Clause 2 Article 19 of this Circular;
b) Issue certificates for consignments within 1 working day from receipt of satisfactory results of review of production applications and sensory and visual inspection, and the consignor shall concurrently provide complete information and data related to the consignment prior to the expected export date to serve confirmation and certification of certificate contents in accordance with the corresponding importing market’s form.
Article 22. Handling of non-compliant assessment and testing results in relation to food safety assurance
1. Where assessment results of consignments fail to meet requirements regarding production applications, origin and traceability of raw materials, or sensory and visual criteria, the certifying authority shall, within 1 working day from completion of on-site assessment, send a notice of non-compliant consignments using Form No. 04.LH in Appendix XII enclosed with this Circular to the consignor.
The consignor shall carry out re-registration for assessment in accordance with Article 20 of this Circular after fully and validly remedying non-compliant contents specified in the notice of non-compliance issued by the certifying authority.
2. Where testing results of food safety criteria or groups of criteria fail to meet requirements:
a) Within 1 working day from the date of receipt of complete testing results, the certifying authority shall issue a notice of non-compliant consignments using Form No. 04.LH in Appendix XII enclosed with this Circular, together with testing result sheets of the consignments, to the consignor and the manufacturing establishment of the consignments, and shall revoke certificates already issued for the consignments (if any);
b) Within 3 working days from the date testing results are sent to the consignor and the manufacturing establishment of the consignments, where the consignor or the manufacturing establishment submits written opinions on testing results, the certifying authority shall comply with Point 2 Section 8 Appendix XI enclosed with this Circular;
c) The manufacturing establishment of the consignments and the consignor shall be responsible for conducting root cause investigation and carrying out corrective measures, including recall of consignments (where consignments have been exported), preparing handling plans and measures for consignments within required time limits, and preparing explanatory reports using Form No. 05.LH in Appendix XII enclosed with this Circular to be sent to the certifying authority.
Within 5 working days from receipt of the explanatory report of the consignor, the certifying authority shall review report contents and issue written notification of review results to the consignor and the manufacturing establishment. Where on-site review is conducted, the certifying authority shall notify results to the establishment within a maximum period of 5 working days from completion of on-site review.
Section 3. POST-CERTIFICATION HANDLING
Article 23. Re-issuance of certificates
1. Where issued certificates are lost, damaged, contain administrative errors during issuance, or have changes in information (excluding changes related to product identification, quantity, product specifications, consignment traceability, and contents already assessed and certified regarding quality and food safety/aquatic animal disease safety in issued certificates), or where there is a request from the competent authority of importing, transit, temporary import, or re-export countries or territories, the consignor shall submit a written request for re-issuance of certificates clearly stating reasons to the certifying authority by one of the following methods: in person, via postal services, or via the electronic environment.
2. The certifying authority shall re-issue the certificate within 1 working day from the date of receipt of the written request of the consignor, or issue a written refusal clearly stating the reasons and send it to the consignor.
3. Re-issued certificates shall be assigned a new number in accordance with Appendix X enclosed with this Circular and shall include a remark: “This certificate replaces Certificate No. … issued on …”, or a remark in accordance with requirements of the importing, transit, temporary import, or re-export market.
Article 24. Transitional issuance of certificates
Where the consignor requests transitional issuance of certificates for consignments, the certifying authority shall issue transitional certificates, ensuring the following requirements:
1. Issuance shall be carried out on the same day the original certificate is received;
2. The contents of the transitional certificate shall be identical to those of the original certificate.
Article 25. Post-assessment and post-certification supervision
1. The implementing authority is the certifying authority specified in Clause 2 Article 5 of this Circular;
2. Supervision activities shall be carried out by inspectors meeting the requirements specified in Clause 1 Article 6 of this Circular;
3. Scope: supervision activities combined with assessment and certification of export consignments and/or review and evaluation of traceability activities, root cause investigation, establishment and implementation of corrective measures for establishments having products or consignments detected as non-compliant with food safety; or thematic review, inspection, and supervision as directed by the Ministry of Agriculture and Environment; or coordination with the Customs authority (where necessary); or a combination of the above activities;
4. Supervision contents shall comply with Form No. 06.LH prescribed in Appendix XII enclosed with this Circular.
During supervision, where violations are detected, a working record or an administrative violation record shall be prepared and transferred to competent agencies or persons for handling in accordance with regulations;
5. Handling of supervision results: within 3 working days from the date of completion of supervision activities, the certifying authority shall notify supervision results using Form No. 08.LH prescribed in Appendix XII enclosed with this Circular, and require the establishment to carry out corrective actions and report corrective results (if any) within 30 working days from the date of notification. Where the establishment fails to implement corrective measures within the required time limit or corrective results are not satisfactory, the certifying authority shall suspend issuance of certificates and issue a written report to the competent authority specified in Clause 1 Article 5 of this Circular to carry out inspection of maintenance of food safety compliance conditions in accordance with Clause 2 Article 14 of this Circular;
6. For consignments of live fishery products used as food for export originating from establishments or production sites located in different provinces or centrally-affiliated cities, certifying authorities shall coordinate in implementing post-certification supervision activities to review conformity of traceability information of consignments that have been or are awaiting export, and food safety compliance conditions of establishments within the production chain under their respective areas of responsibility.
Article 26. Handling of cases where consignments are warned or products are non-compliant with food safety
1. For consignments warned by the competent authority of the importing country:
Within 3 working days from receipt of official warning information from the competent authority of the importing country, the Department of Quality, Processing and Market Development shall issue a written request requiring the establishment to:
a) Carry out traceability of the consignment, organize root cause investigation leading to the warning, establish and implement corrective actions, and submit reports to the certifying authority using Form No. 05.LH in Appendix XI enclosed with this Circular; carry out traceability, recall, and handling of unsafe products (in cases of recall) in accordance with Circular No. 17/2021/TT-BNNPTNT;
b) Temporarily suspend export to the corresponding importing countries where required by the competent authority of the importing country or in accordance with regulations of the Ministry of Agriculture and Environment;
c) Comply with the regime of sampling and testing of violating criteria and be subject to supervision of implementation of corrective actions by the certifying authority for each export consignment of violating products or products belonging to similar product groups manufactured by the establishment until the competent authority specified in Clause 1 Article 5 of this Circular issues written approval of the establishment’s root cause investigation report and corrective measures.
2. For consignments with non-compliant sensory or visual inspection results or testing results of food safety criteria or groups of criteria, the certifying authority shall carry out actions in accordance with Clause 2 Article 22 of this Circular.
3. Where consignments are detected to contain residues of prohibited chemicals or antibiotics:
a) Within 3 working days from receipt of violation information, the certifying authority shall directly take charge and cooperate with relevant local regulatory agencies and the establishment to conduct root cause investigation across the entire chain of production, preliminary processing, processing, and export related to the violation;
b) Implement measures to prevent and limit the scope of impact of violations, prepare working records and administrative violation records on food safety, and transfer them to competent agencies or persons for handling in accordance with regulations (where applicable).
4. After receipt of the establishment’s report on root cause investigation results and corrective measures, the certifying authority shall review report contents:
a) Within 5 working days, the certifying authority shall review the explanatory report of the establishment and issue written notice to the establishment requesting supplementation of information, or issue a written report to the competent authority where the review results are satisfactory for cases specified in Clause 1 of this Article;
b) Where on-site review is conducted, the certifying authority shall notify the establishment of on-site review results and report to the competent authority specified in Clause 1 Article 5 of this Circular within 5 working days from completion of on-site review activities.
5. Within 3 working days, the competent authority shall assess the review report of the certifying authority and issue written notification of review results to the certifying authority and the establishment.
RESPONSIBILITIES AND POWERS OF RELEVANT PARTIES
Article 27. Establishments included in the Export list
1. Responsibilities:
a) Be held accountable before the law for the accuracy and legality of all documents in registration applications;
b) Register with the competent authority for assessment and inclusion in the Export list and comply with the inspection regime on maintenance of food safety compliance conditions conducted by the competent authority;
c) Arrange authorized representatives of the establishment to work with inspectors and inspection teams at the establishment;
d) Provide complete information, applications, documents, and product samples for testing and evaluation of effectiveness of hygiene control conditions during production as required by inspection teams or inspectors, and be held accountable for information and documents provided;
dd) Maintain food safety compliance conditions that have been assessed; notify the competent authority in writing in cases of suspension of production or changes in the legal representative, or changes in the food safety management system compared with the scope that has been assessed and certified;
e) Carry out corrective actions and provide sufficient evidence of corrective actions for deficiencies stated in assessment records, inspection records, post-certification supervision records, and notices of the competent authority within the prescribed time limits;
g) Sign assessment records, inspection records, and supervision records;
h) Pay assessment and certification fees and charges in accordance with Article 9 of this Circular;
i) Where there are changes in information on the validity period or certified scope stated in the food safety certificate in accordance with Circular No. 38/2018/TT-BNNPTNT and Circulars amending it of the Ministry of Agriculture and Environment, or where the establishment holds another certificate as prescribed at Point k Clause 1 Article 12 of Decree No. 15/2018/ND-CP, the establishment shall send a copy to the competent authority specified in Clause 1 Article 5 of this Circular for timely update and information management.
2. Powers:
a) Provide opinions of agreement or disagreement (clearly stating reasons) on results stated in assessment, inspection, and supervision records;
b) Lodge complaints regarding inspection conclusions applicable to the establishment;
c) Promptly report to the head of the supervising authority any negative acts committed by the assessment or inspection team or inspectors.
Article 28. Consignors or establishments producing export consignments
1. Responsibilities:
a) Register with the certifying authority in accordance with this Circular for assessment and issuance of certificates for consignments, and be held accountable for the accuracy and legality of information, applications, and documents provided for assessment and certification of export consignments;
b) Comply with regulations on assessment and sampling for testing of export consignments in accordance with this Circular, and provide complete relevant applications and documents as required by inspectors;
c) Not alter product characteristics, consignment composition, origin and traceability, or labeling information compared with contents that have been registered and assessed and for which certificates have been issued;
d) Proactively report to the certifying authority when consignments are returned or destroyed in the importing country; implement appropriate handling measures for returned or recalled consignments as required by the certifying authority;
e) Pay assessment and certification fees and charges in accordance with Article 9 of this Circular;
g) Where the consignor is an organization or individual that does not directly carry out production, processing, or storage of consignments, the consignor shall develop and apply regulations on traceability, recall, and handling of unsafe fishery products; supervise storage conditions, time, sanitary conditions of means of transport, and integrity of products during transportation from processing establishments and export storage facilities in accordance with Articles 54 and 55 of the Law on Food Safety and Circular No. 17/2021/TT-BNNPTNT.
2. Powers:
a) Request the certifying authority to provide regulations related to assessment and issuance of certificates for export consignments in accordance with this Circular;
b) Reserve opinions differing from assessment results;
c) Lodge complaints or denunciations against any acts in violation of law committed by inspectors, the certifying authority, testing laboratories, and related individuals or organizations in accordance with the Law on Complaints, the Law on Denunciations, and documents on elaboration of and guidelines for their implementation.
Article 29. Inspectors and members of assessment and inspection teams on food safety compliance conditions
1. Responsibilities:
a) Strictly comply with procedures for assessment, contents, methods, and grounds for assessment of food safety compliance conditions of establishments in accordance with this Circular;
b) Maintain confidentiality of information related to production and business activities of establishments, ensure accuracy, openness, transparency, honesty, objectivity, and non-discrimination in performance of duties;
c) Not request contents beyond regulations, and not cause harassment or inconvenience to establishments;
d) Comply with assignments of the head of the inspection team and the head of the competent authority; be held accountable for inspection results to the head of the competent authority and before the law.
2. Powers:
a) Request establishments to provide applications, documents, and samples (if any) for assessment, inspection, and evaluation activities;
b) Enter production sites, storage areas, and warehouses; review applications; take samples; take photographs; copy and record necessary information to serve assessment tasks;
c) Prepare records and propose or recommend handling measures in cases where establishments violate regulations related to food safety assurance;
d) Reserve personal opinions and report to the head of the competent authority where there is disagreement with the concluding opinions of the head of the assessment or inspection team specified at Point b Clause 2 Article 31 of this Circular.
Article 30. Inspectors conducting assessment and certification of quality and food safety
1. Responsibilities:
a) Strictly comply with procedures, contents, and methods for assessment and sampling for testing of export consignments in accordance with this Circular;
b) Maintain confidentiality of information related to production and business activities of establishments, ensure accuracy, openness, transparency, honesty, objectivity, and non-discrimination in performance of duties;
c) Not request contents beyond regulations, and not cause harassment or inconvenience to establishments;
d) Be held accountable for assessment results to the head of the certifying authority and before the law.
2. Powers:
a) Request the consignor to provide applications, documents, and samples (if any) for assessment and sampling serving certification activities;
b) Enter production sites, storage areas, and warehouses; review applications; take samples; take photographs; copy and record necessary information to serve assessment tasks;
c) Prepare records and propose or recommend handling measures in cases where the consignor or manufacturing establishment violates regulations related to quality and food safety;
d) Refuse to conduct assessment in cases where the consignor or manufacturing establishment fails to fully perform responsibilities specified at Points b and c Clause 1 Article 28 of this Circular.
Article 31. Head of the assessment and inspection team
1. When performing assigned tasks, the head of the assessment and inspection team shall have the same responsibilities as an inspector specified in Clause 1 Article 29 of this Circular, and the following additional responsibilities:
a) Direct and assign tasks to members of the assessment and inspection team to fully implement contents specified in the decision on establishment of the assessment and inspection team;
b) Handle opinions and inspection results of members of the assessment and inspection team and make final conclusions in assessment and inspection records;
c) Review and sign assessment and inspection records, report inspection results, and be held accountable to the head of the competent authority and before the law for results implemented by the assessment and inspection team.
2. Within the scope of assigned tasks, the head of the assessment and inspection team shall have the same powers as an inspector specified in Clause 2 Article 29 of this Circular, and the following additional powers:
a) Propose to the head of the competent authority issuance of decisions on adjustment of members of the assessment and inspection team to fully implement contents specified in the decision on establishment of the assessment and inspection team;
b) Make final conclusions of the inspection team on inspection results.
Article 32. The Department of Quality, Processing and Market Development and its affiliated Sub-departments
1. Responsibilities:
a) Organize review of registration applications, assessment of compliance with food safety conditions in accordance with requirements of registered markets, and establishment of the Export list by assigned management regions; inspect maintenance of food safety compliance conditions of establishments included in the list in accordance with requirements of importing markets;
b) Organize training, refresher training, and professional guidance for inspectors on application review, inspection of food safety conditions for addition to the Export list, and assessment and issuance of certificates for export consignments of fishery products;
c) Maintain complete records related to results of application review and inspection for addition to the Export list, and inspection of maintenance of food safety compliance conditions of establishments included in the Export list in accordance with market requirements; provide complete and accurate records and reports on matters related to assessment and certification of exported fishery food safety upon request of the Ministry of Agriculture and Environment;
d) Be held accountable for results of assessment and certification of exported fishery food safety;
dd) Maintain confidentiality of information related to production and business secrets of establishments included in the Export list;
e) Publicize, register, introduce, and update the Export list by each market in accordance with this Circular;
g) Report to the Ministry of Agriculture and Environment for updating the list of markets for which the competent authority of importing countries requires the Department of Quality, Processing and Market Development to conduct registration, establishment of lists, and assessment and issuance of certificates for export consignments in accordance with this Circular;
h) Update importing country regulations on fishery food safety compliance conditions and notify establishments, consignors, and relevant agencies and organizations for uniform application;
i) Propose amendments and supplements to current regulations on fees and charges for assessment and inspection of maintenance of food safety compliance conditions of establishments included in the Export list; where regulations on fees and charges are not yet available, take charge of development of annual assessment and inspection plans together with budget estimates for submission to competent authorities for approval, ensuring timely implementation of assessment and inspection activities for maintenance of food safety compliance conditions of establishments included in the Export list;
k) Report to the Ministry of Agriculture and Environment for updating the list of designated testing criteria for export consignments of fishery products specified in Appendix VIII to this Circular, based on food safety risk assessment results for exported fishery products and requirements of importing markets;
l) Notify annual plans for inspection of maintenance of food safety compliance conditions of establishments included in the Export list to local authorities issuing Certificates of eligibility for food safety compliance.
2. Powers:
a) Inspect compliance with food safety conditions of establishments for establishment of the Export list in accordance with market requirements; handle cases of violations of this Circular by establishments within assigned competence and in accordance with the law;
b) Request assessed establishments to arrange actual production of at least one of the products registered for inspection with a complete process or of high-risk products to serve inspection activities; require establishments to carry out corrective actions for non-conformities related to food safety compliance conditions stated in inspection records; require establishments to carry out corrective actions for testing results of food safety-violating criteria in accordance with this Circular.
c) Notify removal from the Export list by each corresponding market and apply measures to suspend issuance of Certificates for establishments failing to meet food safety compliance conditions specified in this Circular;
d) Request relevant competent authorities to handle organizations and individuals violating provisions of this Circular in accordance with the law.
Article 33. Regional Centers for Quality, Processing and Market Development
1. Responsibilities:
a) Organize review of applications, assessment, issuance, revocation, and re-issuance of Certificates for export consignments of fishery products within assigned jurisdictions;
b) Organize training, refresher training, and professional guidance for inspectors on application review, assessment, and issuance of Certificates for export consignments of fishery products;
c) Conduct post-assessment and post-certification supervision of export consignments of establishments included in the Export list for relevant markets;
d) Properly archive all records related to supervision activities, results of application review, assessment, issuance, revocation, and re-issuance of Certificates for export consignments of fishery products of establishments in accordance with regulations; provide complete and accurate records and reports on matters related to assessment and issuance of export Certificates for consignments of fishery products upon request of the Department of Quality, Processing and Market Development and its affiliated Sub-departments;
dd) Be held accountable for results of supervision of maintenance of food safety compliance conditions and assessment and issuance of Certificates for export consignments of fishery products;
e) Receive and settle complaints of consignors regarding assessment, issuance, revocation, and re-issuance of Certificates for export consignments of fishery products in accordance with regulations;
g) Maintain confidentiality of information related to production and business secrets of establishments assessed and certified for exported fishery food safety;
h) Manage, establish, and update inspection methods for consignments in accordance with this Circular;
i) Report to the Department of Quality, Processing and Market Development on results of implementation of assigned tasks specified in this Circular.
2. Powers:
a) Assess, issue, revoke, and re-issue Certificates for export consignments in accordance with this Circular; refuse assessment or issuance of Certificates where the consignor fails to fully perform responsibilities specified in Clause 1 Article 28 of this Circular;
b) Require assessed establishments to carry out corrective actions for non-conformities and deficiencies related to food safety compliance conditions stated in assessment records and supervision records; require investigation of causes, establishment of corrective measures, and reporting of results of corrective actions where the certifying authority or competent authority of importing countries issues food safety violation alerts in accordance with this Circular;
c) Request relevant competent authorities to handle organizations and individuals violating provisions of this Circular in accordance with the law.
Article 34. Departments of Agriculture and Environment, Departments of Food Safety, and Food Safety Management Boards of centrally-affiliated cities and provinces
1. Organize and direct assessment and issuance of Certificates of eligibility for food safety compliance for fishery export establishments within provincial jurisdictions; develop plans and conduct food safety inspections of establishments in accordance with regulations, except for establishments already inspected for maintenance of food safety compliance conditions by the competent authority specified in Clause 1 Article 5 of this Circular pursuant to Article 14 of this Circular.
2. Periodically report to the Department of Quality, Processing and Market Development or relevant Sub-departments by jurisdiction on results of assessment and issuance of food safety Certificates and planned inspection results for establishments within provincial jurisdictions, including information on establishment names, addresses, certified products, food safety Certificates, assessment results, and planned inspection results.
3. Promptly report to the competent authority specified in Clause 1 Article 5 of this Circular, by management jurisdiction, cases where fishery production and business establishments included in the Export list have assessment results failing to meet requirements and must have previously issued food safety Certificates revoked.
4. Direct relevant affiliated units to cooperate with certifying authorities in traceability activities, investigation of causes, recall, and handling of unsafe fishery food for export processing establishments with products violating food safety requirements.
5. Update information on alerts, corrective measures, recalls, handling of returned or recalled products (if any) of establishments included in the Export list to serve inspection and evaluation of relevant contents during assessment for issuance of food safety Certificates and food safety supervision at establishments.
Article 35. Testing laboratories
1. Responsibilities:
a) Strictly comply with testing procedures, ensure testing equipment capacity, and maintain confidentiality of consignor information and testing results in accordance with the law;
b) Ensure accuracy, objectivity, and honesty of testing results;
c) Only notify testing results to the certifying authority and comply with prescribed timelines;
d) Be held accountable for testing results;
dd) Participate in proficiency testing programs or inter-laboratory comparisons as required by the Ministry of Agriculture and Environment;
e) Properly archive records and documents related to testing activities in accordance with regulations and present them upon request of the competent authority.
2. Powers:
a) Refuse samples failing to meet technical requirements; refuse testing for samples or criteria outside the scope of certification or designation;
b) Be provided with information and facilitated training to enhance testing capacity;
c) Collect testing fees and charges in accordance with current regulations.
1. This Circular comes into force on February 2, 2026.
2. The following Circulars and Decisions cease to be effective from the date this Circular comes into force:
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 fishery products;
b) Article 2 of Circular No. 17/2024/TT-BNNPTNT dated November 28, 2024 of the Minister of Agriculture and Rural Development on amendments to a number of Circulars regulating assessment and certification of agricultural, forestry, and fishery food production and business establishments eligible for food safety compliance 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 on delegation of state management in the field of quality management of agricultural, forestry, and fishery products;
d) Decision No. 2864/QD-BNN-QLCL dated November 24, 2011 of the Minister of Agriculture and Rural Development prescribing inspection criteria for quality and food safety of export consignments of fishery products;
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 export consignments of fishery products promulgated together with Decision No. 2864/QD-BNN-QLCL dated November 24, 2011;
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 fishery products and fishery products exported to the European Union (EU) market.
Article 37. Transitional provisions
1. Establishments included in the Export list prior to the effective date of this Circular shall continue to remain in the Export list and apply provisions of this Circular.
2. After this Circular comes into force, establishments included in Priority List Grade 1 or Grade 2 in accordance with Circular No. 48/2013/TT-BNNPTNT:
a) Establishments in Priority List Grade 1 having satisfied the minimum period of 3 months shall be transferred to the reduced inspection list specified in Clause 4 Article 16 of this Circular;
b) Establishments in Priority List Grade 2 or establishments in Priority List Grade 1 not yet meeting conditions for transfer to the reduced inspection list under Point a of this Clause shall be transferred to the normal inspection list specified in Clause 3 Article 16 of this Circular.
3. For consignments requiring quarantine certification at the request of importing countries, assessment contents shall follow templates of importing markets and regulations of the Ministry of Agriculture and Environment.
4. For organizations and individuals having submitted applications for administrative procedures prior to the effective date of this Circular, competent authorities shall handle such applications in accordance with regulations effective at the time of submission, unless organizations or individuals request application of this Circular.
5. Where legal normative documents cited in this Circular are amended, supplemented, or replaced, the amended, supplemented, or replacement documents shall apply.
Article 38. Responsibilities for implementation
1. The Director of the Department of Quality, Processing and Market Development shall be responsible for organizing implementation of this Circular.
2. Heads of agencies under the Department of Quality, Processing and Market Development, and Directors of Departments of Agriculture and Environment of centrally-affiliated cities and provinces shall be responsible for implementation of this Circular.
3. During implementation, if difficulties arise, agencies, organizations, and individuals shall report them to the Ministry of Agriculture and Environment for consideration and resolution./.
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PP. MINISTER Tran Thanh Nam |
