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March 30, 2026

Regulatory Developments in Vietnam’s Food Industry

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In response to an emerging crisis on food safety, the government of Vietnam promulgated Decree No. 46/2026/ND-CP (Decree 46) on January 26, 2026, and Resolution No. 66.13/2026/NQ-CP (Resolution 66.13) on January 27, 2026, setting out a number of substantive changes to the procedure and strict requirements for the declaration, registration, and importation of food products. Both instruments took effect upon issuance. However, shortly after they entered into force, food businesses encountered significant implementation challenges, particularly with respect to state inspection procedures at the customs clearance stage for imported products. In response, the government issued Resolution No. 09/2026/NQ-CP (Resolution 09) on February 4, 2026, temporarily suspending Decree 46 and Resolution 66.13 until a new effective date of April 16, 2026.

Continued Suspension of Implementation of Decree 46 and Resolution 66.13

After considering feedback gathered by the Ministry of Health from food businesses and other stakeholders during the suspension period, the Vietnam Government Office issued a notice on March 20, 2026, agreeing to extend the suspension until the issuance of an amended Law on Food Safety and its guiding decree. Following this notice, on March 22, 2026, the Ministry of Health prepared a draft resolution to implement the notice and replace Resolution 09.

Under the draft resolution, the effectiveness of Decree 46 and Resolution No. 66.13 would continue to be suspended until the amended Law on Food Safety takes effect, except for the provisions under Resolution 66.13 allowing flexibility in documents evidencing product efficacy, which would take effect on April 16, 2026, and remain effective until the Law on Food Safety is replaced (but not later than February 28, 2027). Accordingly, for products subject to the registration declaration procedure, such as health supplements, efficacy may be substantiated by either (i) scientific evidence supporting the declared function and effects of the product or relevant ingredient, or (ii) an efficacy testing report as prescribed under the Law on Food Safety.

During the continued suspension, the previous Decree No. 15/2018/ND‑CP (which Decree 46 was designed to replace) and related food safety regulations will resume effectiveness, except for provisions stipulating scientific evidence to substantiate the declared effects of products or ingredients for food products subject to the registration declaration procedure.

The draft resolution also focuses on strengthening post‑inspection oversight and enforcement of food safety regulations across food production, import, export, and business activities, alongside enhanced supervision and guidance. It further requires relevant authorities to proactively review, amend, and issue implementing regulations, national technical standards, and professional guidelines within their assigned mandates. In parallel, a comprehensive review of the 2010 Law on Food Safety will be conducted to identify necessary amendments by relevant authorities, which the Ministry of Health will consolidate into a draft amended Law on Food Safety for submission to the government and consultation at the second session of the 16th National Assembly, which is anticipated in October 2026. It is expected that the amended law will be effective from March 1, 2027.

Outlook

Following the expected issuance of the draft resolution, food product registration will continue under the existing food safety framework—primarily the 2010 Law on Food Safety, Decree No. 15/2018/ND‑CP (with the limited exclusions mentioned), and selected provisions of Resolution No. 66.13—until new amendments take effect. However, businesses should expect increased post‑market inspections and stricter enforcement during the circulation of food products.

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