No. 46/2026/ND-CP

Hanoi, January 26, 2026

DECREE

Elaborating certain articles and measures for organizing and guiding implementation of the Law on Food Safety.

Chapter I — GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree elaborates and provides measures for organizing and guiding the implementation of a number of articles of the Law on Food Safety, including conformity declaration registration; safety assurance for genetically modified food; cases not subject to issuance of the certificate of food safety eligibility; safety conditions for imported food; exemption from state inspection of certain imported food; labeling, shelf life, advertising, testing, traceability and state management responsibilities.

Article 2. Regulated entities

The Decree applies to Vietnamese agencies, organizations and individuals; foreign organizations and individuals in Vietnam engaged in food production and trading; and other organizations and individuals conducting activities related to food safety in Vietnam.

Article 3. Definitions

The Decree defines functional foods, health supplements/dietary supplements/food supplements, medical foods, foods for special dietary uses, supplemented foods, goods owners, export/import product items, consignments, small-scale food producers/processors/traders, food product owners, product-market responsible entities, testing laboratory quality-management systems, inter-laboratory comparison and proficiency testing.

Chapter II — REGISTRATION OF CONFORMITY DECLARATION

Article 4. Cases requiring registration of conformity declaration

Organizations and individuals shall register conformity declarations for food subject to technical regulations on quality and safety indicators, including processed prepackaged food, food additives, food processing aids, containers/utensils in direct contact with food and packaging in direct contact with food.

Article 5. Dossier, sequence and procedures for registration of conformity declaration

The registration dossier includes the conformity declaration form, conformity certification results issued by an accredited certification body, and a letter of authorization where the declarant is authorized by the manufacturer or food product owner. The dossier may be submitted online, by post or in person to the competent dossier-receiving authority designated by the provincial People’s Committee. The receiving authority shall publish the accepted organization/person and product information within the statutory time limit.

Article 6. Validity period of the conformity declaration

The conformity declaration is valid according to the validity of the conformity certification result and must not exceed three years. If applicable technical regulations change, the organization or individual must obtain new conformity certification and re-register the conformity declaration. Other changes must be notified in writing to the receiving authority.

Article 7. Requirements for letters of authorization

The authorization letter may be in Vietnamese, English or bilingual Vietnamese-English; it must state the manufacturer, the food product owner where relevant, the authorized organization/person, the scope of authorization and the product name. The authorizing and authorized parties bear joint responsibility where product quality or food-safety violations cause consequences.

Chapter III — FOOD SAFETY ASSURANCE IN CERTAIN CASES

Article 8. Safety assurance for food containing genetically modified organisms and GMO products

Conditions, procedures for issuance/revocation of certificates for genetically modified organisms qualified for food use and the list of certified GMOs are implemented under Decree 69/2010/ND-CP and its amendments.

Article 9. Labeling of food containing GMOs or GMO products

Food containing genetically modified organisms or GMO products, with at least one genetically modified ingredient exceeding 5% of total ingredients used in food production, must show GMO-related information on the label, except for exempt cases prescribed by the Decree.

Article 10. Conditions for imported terrestrial animal, aquatic animal and plant products used as food, and exported food converted for domestic consumption

Specified imported products must originate from countries/territories whose food-safety control systems meet Vietnam’s requirements and are listed by Vietnamese competent authorities. Certain animal and aquatic products must be produced by recognized establishments and imported consignments must be accompanied by certificates issued by competent authorities of exporting countries, except for specified cases.

Article 11. Customs procedures for exported food materials/products converted for domestic consumption

Materials/products initially intended for export but converted for domestic consumption must carry out customs procedures for change of use purpose and comply with food-safety requirements applicable to imported or domestically consumed food, subject to the specific exceptions in the Decree.

Article 12. Food-safety conditions in manufacturing health supplements

Health supplement manufacturers must maintain GMP-based quality management, qualified personnel, suitable premises/equipment/utilities, full production and quality-control records, in-process control, quality-control departments, contract manufacturing/testing controls, and procedures for complaints, recall and self-inspection.

Article 13. Dossier, sequence and authority for issuance/re-issuance of food-safety eligibility certificates meeting GMP requirements

This Article prescribes applications, appraisal records, certificates and periodic reporting obligations for health-supplement manufacturers meeting GMP requirements.

Article 14. Conditions for food additives

Food additive manufacturers and traders must satisfy general food-safety conditions; mixing of food additives is permitted only where the additives are allowed by the Ministry of Health and the final mixture does not harm human health. Repacking/portioning/extraction of food additives must be carried out at eligible establishments and labeled as required.

Article 15. Use of food additives

Manufacturers and traders may only use food additives on the list permitted by the Ministry of Health, within maximum permitted levels, for proper food categories, with clear origin, unexpired shelf life, and compliance with all management and technical requirements.

Chapter IV — CERTIFICATE OF FOOD SAFETY ELIGIBILITY

Article 16. Issuance of the Certificate of food safety eligibility

Food production and trading establishments must obtain a Certificate of food safety eligibility when operating, except for exempt cases. Health supplement manufacturers must also meet the additional conditions prescribed in the Decree.

Article 17. Establishments not subject to issuance of the Certificate of food safety eligibility

This Article identifies cases that are not subject to issuance of the Certificate, while still requiring compliance with applicable food-safety conditions and management requirements.

Article 18. Dossier and procedures for issuance/re-issuance of the Certificate

This Article regulates dossiers, appraisal, issuance, re-issuance and handling of applications for the Certificate of food safety eligibility under the assigned management fields.

Chapter V — STATE FOOD-SAFETY INSPECTION OF IMPORTED AND EXPORTED FOOD

Article 19. Imported food exempt from state inspection

This Article sets out imported food cases exempt from state food-safety inspection, such as certain personal-use, diplomatic, transit, temporary import/re-export, sample, internal production-use or other cases prescribed by law. Enterprises must still review each actual shipment and supporting documents.

Article 20. Reduced inspection

Reduced inspection applies to product items meeting compliance-history or certification conditions. The dossier and grounds for application of reduced inspection must be retained and provided when requested.

Article 21. Ordinary inspection

Ordinary inspection applies to imported food not eligible for reduced inspection and not subject to strict inspection. The competent authority checks the dossier and may require testing based on classification, risk level and declaration dossier.

Article 22. Strict inspection

Strict inspection applies where risks, violations, warnings or regulatory triggers exist. It may require sampling, condition checks and testing at designated laboratories before issuing the import requirement confirmation.

Article 23. Conversion of inspection methods

The Decree prescribes grounds and procedures for converting inspection methods between reduced, ordinary and strict inspection according to compliance history, violations, warnings and inspection results.

Article 24. Dossier for state food-safety inspection of imported food

The dossier may include the import food inspection registration form, conformity/product declaration documents, commercial invoice, bill of lading, packing list, relevant food-safety certificates from exporting countries and other documents depending on the inspection method and product category.

Article 25. Procedures for state food-safety inspection of imported food

Before or upon arrival at the border gate, the goods owner submits the inspection registration dossier online, by post or in person. For reduced inspection, the authority reviews the dossier and issues a notice of whether the food meets import requirements. For ordinary or strict inspection, the authority may determine testing indicators and appoint a testing laboratory; results are used as the basis for customs clearance.

Article 26. Handling of food failing import requirements

Imported food that fails requirements must be handled in accordance with food-safety and customs regulations, including measures such as re-export, destruction, change of use purpose or other handling under competent-authority decisions.

Article 27. Rights and obligations of goods owners and aid recipients

Goods owners and aid recipients have the right to choose appropriate submission methods, receive inspection results and request handling under law; they must ensure dossier accuracy, preserve goods status, pay costs where applicable and comply with handling decisions.

Article 28. Registration of countries/territories and establishments exporting certain food to Vietnam

This Article regulates the dossier and procedure for recognizing countries/territories and establishments eligible to export specified animal, aquatic and plant products used as food to Vietnam.

Article 29. State inspection of exported food

Exported food is inspected when required by importing countries, treaties or competent authorities. Dossiers, certificates and inspection responsibilities are implemented according to the assigned management scope.

Article 30. Inspection during circulation on the market

Food products circulating on the market may be inspected for labeling, declaration dossiers, quality/safety indicators, origin tracing, recall compliance and other food-safety requirements.

Chapter VI — FOOD LABELING

Article 31. Mandatory labeling contents

Mandatory labeling contents are implemented under food labeling regulations and specialized food-safety requirements, including product identity, origin, ingredients, warnings, shelf life and other compulsory information where applicable.

Article 32. Exemption from certain mandatory labeling contents

Certain labeling contents may be exempted for specified cases under the Decree and relevant labeling regulations, provided that food-safety management and consumer information requirements are still satisfied.

Chapter VII — FOOD ADVERTISING

Article 33. Food products subject to registration of advertising contents before advertising

Specified food products, including health-related or special-use food categories, must have advertising contents registered/confirmed before advertising as prescribed.

Article 34. Registration of food advertising contents

This Article prescribes the dossier, receiving authority, processing timeline, confirmation form and cases where food advertising may not be carried out.

Chapter VIII — FOOD TESTING FOR STATE MANAGEMENT

Article 35. Conditions for food testing laboratories serving state management and verification testing laboratories

Testing laboratories serving state management must have testing-activity registration, a quality management system recognized under ISO/IEC 17025 for food testing, suitable equipment, personnel and testing capacity.

Article 36. Dossier and procedures for designation of testing laboratories

This Article regulates applications for designation, change/supplementation, extension, appraisal teams, on-site assessment, corrective action reports and designation decisions for food testing laboratories serving state management.

Article 37. Change, extension, suspension or revocation of designation

Designated testing laboratories are subject to procedures for scope changes, extension, suspension or revocation where conditions are no longer satisfied or violations occur.

Article 38. Responsibilities of designated testing laboratories

Designated laboratories must maintain capacity, conduct tests within designated scope, ensure accuracy and transparency, retain records, report activities and accept inspection/supervision by competent authorities.

Article 39. Verification testing and use of testing results

Verification testing may be used for state management, dispute handling, supervision and other regulatory purposes. Testing results must follow prescribed forms and technical requirements.

Chapter IX — TRACEABILITY AND RECALL

Article 40. Traceability of food origin

Food producers and traders must maintain information enabling traceability of product origin, production and distribution history, and must provide such information to competent authorities upon request.

Article 41. Recall of unsafe food

Unsafe food must be recalled according to risk level and competent-authority requirements. Organizations and individuals must notify, organize recall, handle recalled products and report results.

Article 42. Responsibilities in traceability and recall

Product owners, manufacturers, traders, distributors and e-commerce platform operators are responsible for coordinating traceability, warning consumers, removing violating products and preventing circulation of unsafe food.

Article 43. Information disclosure and warning

Competent authorities and responsible organizations/persons may disclose warnings and information on unsafe food, recalls and violations according to law.

Chapter X — STATE MANAGEMENT RESPONSIBILITIES

Article 44. Principles for assignment of food-safety state management

The assignment of management responsibility is based on product categories, production and trading stages, and the sectoral authority of the Ministry of Health, Ministry of Agriculture and Environment, Ministry of Industry and Trade and other competent authorities.

Article 45. Responsibilities of the Ministry of Health

The Ministry of Health performs general food-safety state management responsibilities, issues national technical regulations for assigned products including Appendix II products, coordinates reporting and manages assigned food-safety activities.

Article 46. Responsibilities of the Ministry of Agriculture and Environment

The Ministry of Agriculture and Environment manages products under Appendix III, including many agricultural, animal, aquatic, plant-origin and related products throughout production, processing, preservation, transport, export, import and trading.

Article 47. Responsibilities of the Ministry of Industry and Trade

The Ministry of Industry and Trade manages products under Appendix IV, food distribution systems, e-commerce-related food trading, anti-counterfeit and trade-fraud inspection for food and related products.

Article 48. Responsibilities of the Ministry of Science and Technology

The Ministry of Science and Technology coordinates on standards, technical regulations, conformity assessment, measurement and quality management within its assigned functions.

Article 49. Responsibilities of the Ministry of Public Security

The Ministry of Public Security coordinates in preventing, detecting and handling violations related to food safety, counterfeit food, smuggling and other relevant offences.

Article 50. Responsibilities of other ministries and ministerial-level agencies

Other ministries and ministerial-level agencies perform food-safety management responsibilities within their assigned functions and coordinate with lead authorities when products or activities fall within multiple management scopes.

Article 51. Responsibilities of provincial-level People’s Committees

Provincial-level People’s Committees organize local food-safety management, designate receiving authorities, allocate responsibilities, inspect and handle violations in their localities.

Article 52. Coordination in food-safety assurance activities

Authorities must coordinate in food-safety inspection, risk warning, traceability, recall, information sharing and handling of products managed by more than one sectoral authority.

Chapter XI — IMPLEMENTATION PROVISIONS

Article 53. Implementation provisions

The Decree states that it takes effect from the signing date. Decree 15/2018/ND-CP ceases to be effective from the effective date of this Decree. The Decree also repeals certain provisions in Decrees 77/2016/ND-CP, 17/2020/ND-CP, 155/2018/ND-CP, 136/2025/ND-CP, 146/2025/ND-CP and 148/2025/ND-CP. Where referenced documents are amended, supplemented or replaced, the new documents apply.

Article 54. Transitional provisions

Products self-declared before the effective date may continue to be produced, traded and imported until conformity declaration registration is completed within the transitional timeline. Certain food production establishments must apply HACCP, ISO 22000, IFS, BRC, FSSC 22000 or equivalent certificates, or GMP food-safety eligibility certificates, from the date specified in the Decree. Pending designation dossiers for food testing laboratories continue to be handled under the rules effective at the time of submission unless voluntary application of the new Decree is chosen.

Article 55. Implementation responsibilities

Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, chairpersons of provincial-level People’s Committees and relevant organizations/persons are responsible for implementing the Decree.

APPENDICES

Appendix I. List of forms

The Appendix contains 24 forms, including: conformity declaration; notice confirming imported food meeting/failing requirements; notice on conversion of inspection method; report on state inspection of imported food; import food inspection registration form; request for conversion of inspection method; information on the management system and food-safety control capacity of the exporting country’s authority; list of establishments exporting animal/aquatic-origin food to Vietnam; summary of establishment food-safety conditions; application and certificate for advertising content confirmation; applications, appraisal minutes and certificates related to GMP health supplement establishments; reports on health supplement production; applications, reports, appraisal minutes, corrective action reports and decisions relating to food testing laboratories; state-management test result form; appraisal minutes and certificate of food safety eligibility.

Appendix II. Products/product groups under the health sector

Includes bottled drinking water, natural mineral water, food ice under the health sector; functional foods; micronutrients; food additives including food flavorings and processing aids; food-contact packaging and utensils under assigned management; and other products not listed under the Ministry of Industry and Trade or the Ministry of Agriculture and Environment.

Appendix III. Products/product groups under agriculture and environment

Includes cereals; meat and meat products; aquatic products; vegetables, tubers, fruits and their products; eggs and egg products; raw fresh milk; honey and honey products; genetically modified food; salt; spices; sugar; tea; coffee; cocoa; pepper; cashew; other agricultural food products; food-contact packaging/utensils in assigned production and trading processes; and ice used for preservation/processing of products under this sector.

Appendix IV. Food products/goods under industry and trade

Includes beer; alcohol and alcoholic beverages; soft drinks; processed milk; vegetable oils; flour and starch products; cakes, jams and confectionery; and food-contact packaging/utensils in production, processing and trading processes under the assigned management field.