From January 1, 2026, the regulations of the US Marine Mammal Protection Act (MMPA) will officially take effect for imported seafood. According to the announcement, Viet Nam is among 34 countries classified as partially equivalent, meaning that export activities can continue, but must comply with stricter monitoring conditions and requirements for a Certificate of Acceptance (COA).

According to new US regulations, from January 1, 2026, 12 groups of Vietnamese seafood species, including tuna (bigeye, yellowfin, striped, bluefin), swordfish, grouper, mackerel, mullet, crab, squid, etc., harvested from 12 fishing gear codes (mainly gillnets, trawls, purse seines, etc.), will be banned from export to the US because they have not been recognized as equivalent to the MMPA.

This impacts Viet Nam's seafood exports because, according to 2024 statistics, the total value of Viet Nam's seafood exports to the US market reached $1.8 billion. Specifically, the value of harvested products from the 12 fishing methods affected by the ban is estimated at nearly $512 million.

In addition, seafood shipments under the HTS (Harmonized Tariff Schedule) codes will require a Certificate of Authenticity (COA) for seafood products exported to the US market.

According to the Fisheries and Aquaculture Inspection Department ( Ministry of Agriculture and Environment ), the US MMPA requires all imported seafood products to comply with regulations aimed at protecting marine animals, ensuring that harvesting processes do not harm or negatively impact these species.

Viet Nam is currently one of 34 countries recognized as partially equivalent out of a total of 135 countries exporting seafood to the US. This means that approximately 50% of fisheries are assessed as equivalent and can be exported normally, while the remaining 50% (about 12 groups of fisheries/fishery species) need to meet stricter conditions.

However, according to a representative from the Department of Fisheries and Aquaculture Inspection (Ministry of Agriculture and Environment), not all Vietnamese seafood products are banned from export to the US. Even for the 12 species on the warning list, the ban only applies when four conditions are met: the species name, fishing gear (e.g., gillnet), fishing area, and fishing country match the warning list issued by the US National Oceanic and Atmospheric Administration (NOAA).

To identify eligible products, the US uses the HTS (Harmonized Tariff Schedule) code system and requires a Certificate of Analysis (COA) for regulated items. Exporting businesses need to have COAs ready for importers to upload to the system; this is the only way to expedite customs clearance as the US does not apply any exceptions.

For batches of raw materials purchased before Circular No. 74/2025/TT-BNNMT came into effect, businesses can use financial invoices or goods lists (in the case of direct purchases from fishermen) to prove the time of harvesting, for the purpose of issuing transitional certificates.

Authorities also encourage businesses to implement traceability from the procurement stage to ensure that raw materials do not violate any prohibited trade practices.

Technically, local authorities (provincial fisheries departments) are responsible for verifying the documents by cross-referencing them with the national database of vessels and fishing logs. The goal is to ensure that the aquatic species in question are caught using the registered fishing gear and do not violate prohibited areas.

Representatives from the Department of Fisheries and Fisheries Inspection emphasized that compliance with the MMPA is not only about meeting the technical barriers of a market, but also an opportunity for Viet Nam to reorganize production, transforming from traditional, traditional fisheries to modern, responsible fisheries.

The transition from high-risk fishing methods like gillnets to more environmentally friendly alternatives is being prioritized by the Government and the Ministry of Agriculture and Environment through policies supporting fishermen's livelihoods. Viet Nam is committed to a modern, responsible fisheries sector, shifting from a focus on yield-based exploitation to one based on value and ecosystem conservation.

In terms of management, Viet Nam has implemented a marine mammal conservation program, a fishing vessel monitoring program, and a plan to mitigate the impact on marine mammal species. Regarding the 12 Vietnamese fisheries that the US does not recognize as equivalent, the Department is focusing on resolving these issues step by step. Currently, the Department of Fisheries and Fisheries Inspection is providing documentation and building data to submit to the US for recognition of equivalence for the crab (approximately 80% of Vietnamese crabs exported to the US).

According to the Fisheries and Aquaculture Inspection Department, in 2026, the department will continue to coordinate with relevant units to implement solutions to demonstrate to the US that fisheries that the US does not recognize as equivalent will be equivalent based on actual indicators and scientific data.

In addition, conducting surveys of marine animal resources—something Viet Nam has done before, but not in a coordinated or comprehensive manner—will be done systematically in the future to report to the US; strengthening the system for monitoring fishing vessels, monitoring fishermen's logbooks, and monitoring at ports…

Previously, the Ministry of Agriculture and Environment issued Circular No. 74/2025/TT-BNNMT regulating the certification of seafood and seafood products exported to the US market. This is an important legal document regulating the certification of seafood and seafood products to meet MMPA requirements for export to the US market.

The central focus of the circular is the regulation regarding the issuance of Certificates of Analysis (COA). This certificate indicates that a shipment of seafood is not subject to import restrictions into the United States.

Not all seafood products exported to the US require a Certificate of Analysis (COA). The list of HTS codes (Harmonized Tariff Schedule) for products requiring a COA and prohibited fishing practices will be continuously updated on the website of the Department of Fisheries and Aquaculture Inspection to allow businesses to proactively consult the information.

This circular applies to all organizations and individuals involved in the supply chain from fishing and aquaculture to processing and exporting seafood to the United States, including shipments transiting through a third country before entering the US (if required).

According to this new Circular, the authority to issue Certificates of Analysis (COA) is assigned to the provincial-level state management agency for fisheries. The application process has also been diversified, allowing organizations and individuals to submit applications directly, via postal service, or online through the National Public Service Portal.

During the assessment process, the COA issuing authority will cross-reference the information with the national fisheries database, the aquaculture database, and the list of species and fish species prohibited from import into the United States, as published by the National Oceanic and Atmospheric Administration (NOAA).

To ensure smooth exports, in the coming period, businesses need to proactively review their supply chains, update the list of species and HTS codes requiring a Certificate of Analysis (COA), and coordinate closely with local authorities to minimize the risk of bottlenecks when exporting to one of the world's most demanding markets.

Source: Tin Tuc News