Vietnam Decree 46/2026/ND-CP: Key Food Safety Updates & Compliance Guide

On January 26, 2026, the Government officially issued Decree No. 46/2026/ND-CP, providing detailed regulations and measures for the implementation of the Law on Food Safety. As a comprehensive replacement for the long-standing Decree 15/2018/ND-CP, this new decree not only tightens food safety conditions but also fundamentally shifts the state management approach—particularly regarding product self-declaration, import inspections, and interdisciplinary responsibilities. To help businesses navigate the initial implementation challenges, we present the Vietnam Decree 46/2026/ND-CP: Key food safety updates & compliance guide. In this article, Viet An Law will update all the pivotal points of Decree 46/2026/ND-CP, which takes effect alongside Resolution 66.13/2026/NQ-CP, serving as the primary legal framework before further amendments to the current Law on Food Safety are enacted.

Removal of “product self-declaration”: Transition to “technical regulation conformity declaration” or “standard declaration”

One of the most significant changes in Decree 46/2026 is the shift from the “product self-declaration” mechanism to “technical regulation conformity declaration” or “standard declaration”. Previously, according to Article 4 of Decree 15/2018/ND-CP, enterprises could self-declare and take responsibility for their products and production rights almost simultaneously with submitting the self-declaration. This mechanism facilitated enterprises but also required increased supervision to ensure consumer safety.

According to the new regulations in Article 4 of Decree 46/2026/ND-CP, organizations and individuals are required to declare the applicable standards to the management agency (i.e., partial pre-inspection) for food products with technical standards on quality and safety indicators that fall under one of the following cases:

• Pre-packaged processed foods;
• Food additives;
• Food processing aids;
• Food containers;
• Primary packages of foods.

At the same time, enterprises must periodically reassess product quality and update their records, with a maximum validity period of no more than 3 years (Clause 1, Article 6 of Decree 46/2026/ND-CP). This approach is expected to improve product quality control right from the input stage, thereby enhancing consumer health protection.

However, to understand when to declare technical regulation conformity and when to declare applicable standards, enterprises need to refer to both Decree 46/2026/ND-CP and Resolution 66.13/2026/NQ-CP. Please contact Viet An Law for timely assistance.

It should be noted that the implementation of the new procedure is carried out through a 12-month transition period as stipulated in Resolution 66.13/2026/NQ-CP. Please refer to the article: Resolution 66.13/2026/NQ-CP: Mandatory Roadmap for Food Product Re-declaration in Vietnam by Viet An Law.

New regulations on imported food inspection procedures

State inspection agency for food safety of imported food

According to Clause 1, Article 20 of Decree 46/2025/ND-CP, the state inspection agency for food safety of imported food, as stipulated in Clause 1, Article 39 of the Law on Food Safety, is a state management agency assigned by the Ministry of Agriculture and Environment or the People’s Committee of the province, according to the decentralization of authority, to conduct state inspections on food safety.

To ensure smooth and continuous state management of food safety for imported food, the Ministry of Industry and Trade issued Official Letter 699/BCT-CN in 2026 regarding state inspection of imported food safety. Accordingly, it requested the People’s Committees of provinces and cities to urgently review, assess, and delegate the task of state inspection of imported food safety to relevant state management agencies in accordance with the Law on Food Safety and Decree No. 46/2026/ND-CP.

At the same time, Appendix 1 attached to Official Letter 699/BCT-CN of 2026 contains a list of state inspection agencies for food safety of imported food under the management responsibility of the Ministry of Industry and Trade.

Methods for inspecting imported food

Decree 46/2026/ND-CP, effective from January 26, 2026, has changed the method of inspecting imported food. Accordingly, in addition to checking documents, physical inspection of goods and sampling for testing are now required.

The prescribed sampling and testing process can take approximately 7 working days, and goods are only eligible for customs clearance if they meet the requirements. Due to the lack of detailed guidelines immediately upon the Decree’s entry into force, initial implementation at some border gates has encountered difficulties.

Cases exempt from state food safety inspections

The following cases are exempt from state inspection for food safety for certain imported foods (except in cases where food safety warnings are issued) according to Article 19 of Decree 46/2026/ND-CP:

• Products that are gifts or presents within the tax-free import allowance as stipulated by tax laws.
• Imported products for personal use by individuals entitled to diplomatic privileges and immunities.
• Products in transit, transshipment, temporary import, re-export, or stored in bonded warehouses.
• Products that are test samples or research samples in quantities suitable for testing or research purposes, with confirmation from an organization or individual.
• Products used for display at trade fairs and exhibitions.
• Temporarily imported products for sale in duty-free shops.
• Imported goods to serve urgent needs as directed by the Government or the Prime Minister.

New requirements for clear food labeling and advertising

Food labeling

Some new points to note according to Articles 31 and 32 of Decree 46/2025/ND-CP on food labeling:

• Medical nutritional foods must clearly state: “For use by patients under the supervision of medical personnel”.
• Genetically modified foods: labeling is mandatory if the GMO content is greater than 5%.
• No supplementary labeling is required for samples, gifts, souvenirs, or small packages under 10cm².

Food advertising

Some new points to note according to Articles 33 and 34 of Decree 46/2025/ND-CP on food advertising:

• The disclaimer “This product is not a medicine…” remains in place, but additional requirements for standardized formats for audio, images, and online videos have been added.
• Advertising application processing time: 10 days. If revisions are required, businesses have 60 days to rectify them – applications expire after this deadline.
• For advertisements using images and audio, a draft advertising script (certified by the organization or individual) and the intended advertising content recorded in the video and audio recordings are required; for advertisements on other media, a mock-up (content sample) of the intended advertisement (certified by the organization or individual) is required.

Updated information regarding Prime Minister’s Directive No. 08/CĐ-TTg dated February 3, 2026

Due to the immediate application of Decree 46/2026/ND-CP from its effective date (January 26, 2026) while some specialized guidelines had not yet been issued, many bottlenecks have arisen in practice, especially at border gates:

• Lack of specific guidance on selecting parameters for food safety testing in import documentation, especially for certain imported agricultural products and fresh food;
• Currently, there are few testing facilities at border crossings with sufficient capacity to handle imported goods requiring sample testing.

Solutions to address the issues have been implemented:

• Immediately issue guiding documents for the implementation of Decree No. 46/2026/ND-CP on the inspection of food and imported/exported goods;
• Immediately establish a 24/7 hotline; assign personnel to be on duty regularly to promptly answer and clarify emerging issues, especially the implementation of new regulations in Decree No. 46/2026/ND-CP, and be ready to receive and handle any arising difficulties.
• Urgently resolve bottlenecks in state inspection at some border gates.

3-step process: Converting from “self-declaration” to “technical regulation conformity declaration registration”

Step 1. Review the product and determine the technical regulation conformity registration obligations

Enterprises need to review their entire product catalog that they are currently self-declaring to determine which products are subject to registration of conformity declarations according to Article 4 of Decree 46/2026/ND-CP, and which products require declaration of applicable standards according to Resolution 66.13/2026/NQ-CP.

The focus of the review includes:

• Whether the product meets technical standards for quality and safety indicators;
• Whether the product belongs to the following groups: pre-packaged processed foods, food additives, processing aids, utensils and packaging that come into direct contact with food;

Note: Not all products require technical regulation conformity registration; only products with applicable technical standards are required to undergo this procedure.

Step 2. Obtain technical regulation conformity certification and complete the registration dossier

After determining that the product is subject to mandatory certification, the enterprise must:

• Select a conformity certification body recognized under the law on technical standards;
• Conduct testing and assess the conformity of the product according to the corresponding standards;
• Complete the registration dossier for the declaration of conformity in accordance with Article 5 of Decree 46/2026/ND-CP

The core difference compared to the self-declaration mechanism is that enterprises cannot simply assume responsibility themselves; they are required to have an independent third party certify their conformity.

Step 3. Submit the dossiers, public, and maintain the validity of the technical regulation conformity declaration.

Enterprises submit one set of registration dossiers through the National Public Service Portal, the National One-Stop Information Portal; or directly/by mail to the receiving agency designated by the Provincial People’s Committee.

For products that have been self-declared before January 26, 2026, organizations and individuals are responsible for completing the registration of the conformity declaration within 12 months from January 26, 2026.

After the application is received:

• The regulatory agency will publicly disclose product information within 10 days;
• Enterprises are responsible for publicly disclosing valid conformity documents when trading on e-commerce platforms;
• Monitor the validity period of the conformity declaration (maximum 3 years) and re-register when: Technical standards change; Conformity certification results expire.

Update: Suspension of Decree No. 46/2026/ND-CP on Food Safety

On February 4, 2026, the Government issued Resolution No. 09/2026/NQ-CP, resolving to suspend the effectiveness of Decree No. 46/2026/ND-CP and Resolution No. 66.13/2026/NQ-CP until the end of April 15, 2026. This decision aims to resolve emerging complications and alleviate cargo congestion at border gates during practical implementation.

During the suspension period (valid through April 15, 2026), enterprises shall continue to comply with the procedures stipulated in Decree No. 15/2018/ND-CP. Decree No. 46/2026/ND-CP will officially resume its legal effect as of April 16, 2026. Relevant Ministries and sectors are mandated to expeditiously prepare all necessary conditions to ensure seamless enforcement following the transition period.

Above are all the new points in Vietnam Decree 46/2026/ND-CP: Key food safety updates & compliance guide. If you have any related questions or need advice on registration and declaration of conformity or other legal procedures, please contact Viet An Law for the best advice and support!