Starting at 00:00 on January 1, 2026, all seafood shipments arriving at US ports without a Certificate of Acceptability (COA) will face the risk of being denied customs clearance.

With less than 24 hours remaining until US regulations under the Marine Mammal Protection Act (MMPA) officially take effect, and facing the risk of supply chain disruptions at ports of arrival, Circular 74/2025/TT-BNNMT, recently issued, is considered a crucial legal framework to help businesses formalize procedures and release inventory before the deadline.

Specifically, starting at 0:00 on January 1, 2026, all seafood shipments subject to import regulations into the United States will face a mandatory requirement for a Certificate of Acceptance (COA). This represents a landmark shift from post-clearance inspection to strict control of each shipment at the port of entry.

No exceptions for goods in transit.

One of the crucial issues that exporting businesses need to clearly identify is the timing of the law's application. Unlike the usual practice of applying regulations based on the date of departure, the U.S. National Oceanic and Atmospheric Administration (NOAA) has confirmed that the MMPA regulations will apply based on the date the shipment arrives at a U.S. port.

This change poses a significant logistical challenge for shipments currently in transit. Specifically, containers leaving Vietnamese ports in December 2025, before the regulations take effect, will be required to fully comply with the new requirements if they arrive at US ports on or after January 1, 2026.

NOAA affirms that there are no exceptions for inventory or goods in transit if the import date falls within the validity period of the document. Therefore, if businesses do not proactively complete their COA documents now, the risk of goods congestion, warehousing costs, and customs clearance rejection is real.

Why are farmed shrimp and fish also subject to the MMPA's impact?

The MMPA not only impacts the exploitation of natural seafood but also creates technical barriers to major aquaculture products. Due to the automated management mechanism of US Customs based on the Harmonized Tariff Schedule (HTS), aquaculture products (such as shrimp and catfish) with HTS codes that overlap with or fall within the risk group of prohibited naturally harvested species will be automatically "flagged" by the system.

In this case, the COA acts as a legal document verifying the origin of the farmed goods, allowing the shipment to be exempt from harvesting bans.

For export processing activities, rules of origin have also been tightened to prevent trade fraud. Products processed in Viet Nam from imported raw materials will not be allowed to enter the US if the country supplying the raw materials is on the banned list. To obtain a Certificate of Analysis (COA), Vietnamese businesses must present a Captain's Certificate or equivalent documentation from the country of origin. Regarding the crab industry, although the import ban is temporarily suspended following the US court ruling of October 31, 2025, the fisheries sector still urgently needs to restructure its fishing practices to meet long-term equivalence assessments.

Circular 74 is the 'key' to clearing inventory.

Under time pressure, on December 26, 2025, the Ministry of Agriculture and Environment issued Circular No. 74/2025/TT-BNNMT, which took effect immediately. This is the most important legal document guiding the process of issuing Certificates of Analysis (COA) domestically.

The circular demonstrates a flexible management approach by decentralizing the authority to issue Certificates of Analysis (COA) to provincial-level fisheries management agencies (Fisheries Sub-departments), thereby reducing administrative procedures and shortening processing time to a maximum of 4 working days.

In particular, Article 11 (transitional provisions) of the Circular has removed the biggest bottleneck for businesses: inventory. For raw materials extracted/purchased before the Circular takes effect (December 26, 2025) that do not yet meet the requirements for traceability documentation according to the new form, businesses are allowed to use copies of financial invoices or transaction documents as a basis for applying for a Certificate of Analysis (COA). This regulation provides maximum opportunity for businesses to release their inventory and avoid capital stagnation.

Source: Viet Nam Agriculture and Nature News

• USTR Makes Findings and Proposes Action in 60 Section 301 Investigations Relating to Failures to Take Action on Trade in Forced Labor Goods
• [VCCI] The US officially initiates a Section 301 Investigation into Vietnam on Intellectual property
• General Secretary and President To Lam's working visit to three ASEAN countries: Demonstrating the stature of proactive and constructive diplomacy.
• Viet Nam accelerates innovation drive as skilled workforce becomes key to science and technology growth
• The US is increasing controls on AI chip exports