​Decree 46/2026 and Vietnam’s Food Safety Rules: What Foreign Investors Should Know

Vietnam’s food-safety framework changed significantly in early 2026 with the introduction of Decree No. 46/2026/ND-CP and Resolution No. 66.13/2026/NQ-CP. Both were subsequently suspended, meaning businesses currently need to work under the food-safety framework that was in force before these changes.

For foreign investors, this creates an important distinction between rules that were introduced but are currently suspended and requirements that businesses must follow today.

This guide explains the current status of Decree 46/2026, the key changes introduced under the suspended framework, and what food manufacturers, importers and distributors should consider while the amended Law on Food Safety is being developed.

What Is the Current Status of Decree 46/2026 in Vietnam?

Decree No. 46/2026/ND-CP and Resolution No. 66.13/2026/NQ-CP were issued in January 2026 and introduced changes to areas including food-safety conditions, import inspections and product declaration and registration.

Their application was subsequently suspended. Decree No. 15/2018/ND-CP and its relevant guiding documents therefore remain important to businesses while the suspension is in place.

The suspension does not remove existing food-safety obligations. While Decree 46/2026 and Resolution 66.13/2026 remain suspended, businesses should continue to follow Decree No. 15/2018/ND-CP and its relevant implementing and guiding documents.

What Did the Suspended Framework Change for Declaration and Registration?

The table below summarises the suspended framework as originally issued. Future requirements will depend on the amended law, its implementing regulations and any transitional provisions.

Companies that began preparing dossiers under the new framework should check them against the requirements of Decree No. 15/2018/ND-CP before filing, rather than assuming the two sets of requirements match.

What Should Importers Expect at the Border Today?

The suspension of Decree 46/2026 does not remove existing food-safety requirements for manufacturers and other food facilities.

Health supplement manufacturers, for example, remain subject to Good Manufacturing Practice (GMP) requirements, which have applied since 1 July 2019 under Decree No. 15/2018/ND-CP.

• Facility Eligibility
  Businesses should confirm which food-safety conditions apply to their facility and whether a certificate or other approval is required before operations begin. Requirements can vary depending on the type of food being produced, processed, stored or traded.
• Technical Personnel for Health Supplements
  For health supplement businesses, the person responsible for technical matters must meet the applicable qualification and experience requirements, including a university degree in a relevant field and at least three years of relevant experience.
• Traceability and Records
  Businesses should maintain records that allow products and batches to be traced through relevant stages, including suppliers, production and distribution. Good record-keeping can also support inspections, audits and product recalls where required.
• Facility Review
  Before applying for an approval or starting operations, businesses can review their facilities, procedures and documentation against the requirements currently in force. This can help identify gaps in areas such as equipment, hygiene procedures, staff training and records before they become an issue during an inspection.

What Should Manufacturers and Facility Owners Check?

Facility requirements did not disappear with the suspension. Existing food-safety conditions continue to apply, and health supplement manufacturers remain subject to GMP, which has been mandatory since 1 July 2019 under Decree No. 15/2018/ND-CP.

• Eligibility conditions: Confirm which food-safety eligibility requirements apply to the type of facility and whether any certificate is required before operating.
• Health supplements: The person in charge of technical matters must hold at least a university degree in medicine, pharmacy, nutrition, food safety or food technology, and have at least three years of relevant experience.
• Traceability and records: Maintain records linking each batch to suppliers, production and distribution. This supports audits and recalls, and is likely to remain relevant under any revised framework.
• Gap review: A pre-audit can identify upgrades, training or documentation needs before an inspection or application.

How Do Labelling, Advertising and Health Claims Rules Apply?

The suspension does not suspend the separate labelling and advertising legislation. Businesses must continue to comply with those rules and the applicable food-specific requirements.

• Labelling: Labelling is governed by Decree No. 37/2026/ND-CP, effective 23 January 2026, which replaced Decree No. 43/2017/ND-CP and Decree No. 111/2021/ND-CP. Businesses should therefore review product labels against the current labelling requirements before products are placed on the Vietnamese market.
• Health claims: Health-related claims should be consistent with the product information that has been registered or declared. Health supplements should also not be advertised or presented as medicines.
• Advertising confirmation: Advertising content for health supplements must be confirmed before release. Under Resolution No. 21/2026/NQ-CP, from 1 July 2026 the Chairperson of the provincial People’s Committee issues the confirmation, rather than the central health authority.
• Advertising content: Decree No. 342/2025/ND-CP, effective from 15 February 2026, sets out requirements for food advertising, including the required wording for health supplements and the applicable warning that the product is not a medicine and cannot replace medical treatment.

Businesses should therefore review both the product information and advertising content before launching marketing campaigns in Vietnam.

What Compliance Risks Should Investors Plan For?

The suspension reduced short-term uncertainty, but the framework is still moving. Investors should plan for the following:

• Regulatory change: The amended Law on Food Safety and its guiding decree may introduce new declaration, registration and transition requirements. Transitional arrangements are not yet known.
• Existing registrations: Businesses with existing product declarations, registrations or other approvals should keep their documentation up to date and review how future regulatory changes may affect them.
• Costs and timelines: Testing, documentation, facility requirements and GMP-related work can affect both market-entry costs and timelines. These requirements should be considered when planning the launch of a food product or establishing food-related operations in Vietnam.
• Penalties: Non-compliance with food-safety, labelling, declaration or advertising requirements may result in administrative penalties and, depending on the nature of the violation, measures such as product recall or suspension. Authorities may also inspect or sample products already on the market.

What Should Foreign Investors Do Now?

A practical approach is to work under the framework in force while keeping the file ready for change.

• Map each product to its category: Identify whether the product is a conventional food, additive, health supplement or special dietary food before choosing the procedure.
• Confirm the procedure at filing: Check with the authority which requirements apply on the filing date, particularly for dossiers prepared under the suspended framework.
• Keep documentation complete: Where required for the relevant product category and procedure, test reports, certificates from the country of origin, labels and traceability records should be current and consistent.
• Review facilities and partners: Confirm that manufacturers, contract manufacturers and importers meet the conditions that apply to the product.
• Monitor the amended law: Track the progress of the amended Law on Food Safety and plan how a transition would affect existing registrations.

How Ascentium Supports Food Market Entry in Vietnam?

Food-safety rules affect more than product approval. The declaration or registration route, import arrangements, facility conditions, labelling and advertising plan all need to work together, and the framework is still changing. Ascentium Vietnam can support foreign investors in assessing these requirements and coordinating related corporate, accounting, tax and workforce considerations when establishing operations in Vietnam.

Our teams can also support the transition from setup to ongoing operations, helping coordinate connected workstreams as the business develops. With local expertise in Vietnam and access to Ascentium’s wider regional network, we help clients move forward with clearer ownership, better visibility and practical support as their operations grow.

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