Latest news on lobster export congestion to China

Regarding the unexplained blockage of lobster exports to China since August 2023, the Department of Quality, Processing and Market Development has just sent a document reporting to the leaders of the Ministry of Agriculture and Rural Development on the results of working with the Department of Animal and Plant Quarantine Supervision - General Administration of Customs of China on lobster exports.

No notification has been received from China about importing lobster from Vietnam.

Accordingly, to resolve difficulties for Vietnamese enterprises in exporting spiny lobster to the Chinese market, at the request of the Department of Quality, Processing and Market Development (from September 2023), on November 10, 2023, the Vietnam Trade Office in China contacted and organized an online meeting between the General Administration of Customs of China (Department of Animal and Plant Quarantine Supervision; Customs of localities importing spiny lobster from Vietnam: Shenzhen, Guangzhou, Nanning) and the Vietnamese side (Department of Quality, Processing and Market Development, Department of Fisheries, Trade Office) to discuss the situation of exporting spiny lobster to China.

At the meeting, the Animal and Plant Quarantine Supervision Department - General Administration of Customs of China announced as follows: China's regulations on spiny lobsters, for naturally harvested spiny lobsters, in 2021, China revised the List of Endangered Wild Animal Species in Need of Protection, in which spiny lobsters were included in the List of Species in Need of Level 2 Protection (effective from February 1, 2021).

In May 2023, China amended the Wildlife Protection Law, which prohibits the capture, use, trading, and commerce of spiny lobsters and species listed in the above-mentioned List of Endangered Wildlife Species in Need of Protection. The General Administration of Customs of China has notified (internally) local Customs agencies of this regulation for implementation.

The Chinese Ministry of Agriculture is the agency that formulates regulations and manages wild-caught spiny lobsters, so the Vietnamese side is requested to contact this agency to obtain specific related information if needed.

For farmed spiny lobsters, the method of identification is as follows: they must not be caught directly from the sea and must have clear evidence of the farming process; they must not use naturally exploited seed sources (seeds must be F2 generation).

Regarding the procedures for importing farmed spiny lobsters into China, Chinese importers must apply for a wildlife protection license from the Fisheries Bureau, Ministry of Agriculture of China. The procedures for customs clearance of shipments and food safety inspections remain unchanged from before.

Requirements for packaging facilities and lobster farming facilities for export must register a list with specific information about the lobster farming facility. The Department of Animal and Plant Quarantine Supervision announced that it will send a new registration form to the Vietnamese side (through the Vietnam Trade Office in China) to review and register packaging facilities and lobster farming facilities for export to China.

After receiving the registration list from the Vietnamese side, the Chinese side will organize online and/or direct inspection of the breeding facilities and publish on the website of the General Administration of Customs of China the List of export packaging facilities and breeding facilities of Vietnam permitted to export to China.

In order to promote the export of live, naturally caught seafood from Vietnam to China, the Chinese representative proposed that the two sides quickly consider and sign this Protocol and will send the proposal to the Vietnamese side through the Vietnam Trade Office in China. The Chinese side also requested the Department to forward the proposal to the competent Vietnamese agency to promptly consider the issue of importing sturgeon from China. The Department has informed the representative of the Department of Fisheries to attend the meeting.

From the information from the General Department of Customs of China and the representative of the Vietnam Trade Office in China at the above meeting, it can be seen that the problem in exporting spiny lobsters to China is the issue of protecting rare and endangered animals and the procedures (of both importers and exporters) to prove that the farming process (from breeding stock) meets this requirement.

Food safety requirements and customs procedures remain unchanged.

On that basis, the Department of Quality, Processing and Market Development proposed that the Ministry's leaders direct the Department of Quality, Processing and Market Development to continue to discuss with the Animal and Plant Quarantine Supervision Department, General Administration of Customs of China to update and notify export packaging facilities and lobster farming facilities about China's regulations and registration forms for exporting live lobsters to this market.

After the Chinese side provided the new registration form, the Department of Fisheries directed and coordinated with localities to review, verify and complete the list of lobster farming facilities exporting to China that meet the regulations of Vietnam and China and forwarded it to the Department of Quality, Processing and Market Development to send to the Chinese side.

To ensure convenience for people and businesses, the Department of Quality, Processing and Market Development is assigned to be the focal point for receiving dossiers, registering with Chinese authorities, and organizing work with the Chinese Inspection Team online or in person when requested.

The Department of Quality, Processing and Market Development shall preside over and coordinate with the Department of Fisheries and the Department of Animal Health to advise on the development, comments and submission to the competent authority for signing of the Protocol on controlling live aquatic products exploited naturally by Vietnam exported to China after receiving an official request from the China Animal and Plant Quarantine Supervision Department.

Up to now, your side has approved 46 facilities to pack lobsters for export to China (including spiny lobsters).

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