Thousands of food products are currently at risk of having to change their packaging before being put on the market, according to Decree 37/2026/ND-CP, effective from January 23, 2026. Understanding the new labeling regulations is not only a legal obligation but also a “shield” protecting brand reputation. From 2026, businesses need to pay special attention to major changes: mandatory production date, prohibition of using the R (®) symbol on trademarks when registering for protection in Vietnam, mandatory display on e-commerce platforms, along with detailed instructions on electronic labels and labeling information. Read the article below from Viet An Law Firm to review your company’s packaging design and avoid unnecessary penalties for violations.
Table of contents
From January 23, 2026, Decree 37/2026/ND-CP officially replaces the old regulations (Decree 43/2017/ND-CP and its amendments) for three reasons that require businesses to update immediately:
The new decree clearly requires the format for manufacturing date and expiry date: in the order of day, month, year of the Gregorian calendar, or another format with annotations.
Notably, the supplementary decree allows replacing the expiration date (HSD) with “Best before…” for certain food groups.
However, it should be noted that if a business wishes to continue selling products after this date, it must conduct its own safety assessment, take responsibility for the product’s safety, and is required to maintain records proving its quality throughout the distribution process.
The use of the ® (Registered) symbol is strictly prohibited if the trademark has not been registered for protection in Vietnam.
To tighten the management of online sales, Decree 37/2026/ND-CP requires businesses operating on Shopee, Lazada, TikTok Shop, etc., to display 100% of product label content (and electronic labels, if any) directly on the product description page . Businesses are only allowed to hide information that changes with each batch, such as: Production date, Expiry date, and Batch number.
| Criteria | Old Decree | New Decree (37/2026/ND-CP) |
| Font size | No specific regulations are given. | Specifically, the minimum font size is 0.9mm . If it is smaller, a supplementary label is required. |
| State the Origin | Use only Vietnamese terms: “produced in”; “made in”; “country of origin”; “origin”; “produced by”; “product of” | English terms are permitted: Origin, Made in, Product of, Produced in . If the origin is unclear, the final processing location must be stated: Assembled in, Finished in, Assembled by |
| Product label placement | The content must be clearly displayed on the label. | It is permissible to write on the goods or packaging in various locations, provided that it is easily visible, easily identifiable, and does not require disassembling any parts of the goods (special goods such as paintings, sculptures, and ceramics have separate regulations). |
| Packaging | General regulations | More specifically, labeling applies to goods not sold individually, and goods that are simultaneously separated and sold at retail. |
| Genetically Modified (GM) Foods | It is mandatory to state “Genetically Modified Food,” but not required to specify the percentage. | Mandatory labeling for genetically modified ingredients is only required when at least one genetically modified ingredient accounts for more than 5% of the total ingredients used in food production.
Must include a clearly stated content. |
Decree 37/2026/ND-CP for the first time legalizes the use of Digital Labels/ E-labels (QR codes, NFC, Datamatrix, RFID, etc.) printed or affixed to packaging to replace part or all of the physical labels. However, their application must comply with the following three core regulations for businesses:
Regulations on the application of electronic risk-based labels are stipulated in Decree 37/2026/ND-CP
Transitional provisions: When can food labels printed according to the old regulations be used?
To avoid causing shock and waste for businesses, the Government has set out a very clear transition roadmap, synchronized with the 12-month and 24-month roadmaps set out in Resolution 66.13/2026/NQ-CP regulating the announcement and registration of food products as follows:
Compliance food business Vietnam: Checklist of 5 things food businesses need to do immediately
To comply with new regulations under Decree 37/2026/ND-CP, Vietnamese businesses need to immediately activate a review campaign with the following five steps:
Yes, but with a time limit. Under Vietnam food packaging rules 2026, Goods manufactured and distributed before January 23, 2026, may continue to be sold until their expiration date. For packaging and labels printed before this date but not yet used, businesses are allowed to continue using them for a maximum of two years (until January 2028).
Absolutely not. The ® (Registered) symbol is only permitted when the trademark has been officially granted protection in Vietnam. If the trademark has just been applied for, the business is not allowed to use this symbol to avoid complaints and penalties for deceiving consumers and violating intellectual property rights.
Businesses will face severe penalties including: administrative fines, mandatory recall of products currently on the market, and compulsory destruction of all improperly printed packaging and labels (resulting in huge printing cost waste).
Early compliance not only saves businesses billions of dong on reprinting packaging but also affirms professionalism in the eyes of consumers. To support businesses in the process of compliance new regulations under Decree 37/2026/ND-CP, contact Viet An Law Firm to receive prompt and effective assistance from our team of experienced lawyers!
