The implementation of Decree 46 and Resolution 66.13 is driving fundamental changes in Vietnam’s food ecosystem. Instead of solely focusing on initial administrative procedures, the regulatory focus is now shifting significantly toward post-market inspections and the application of technology in traceability.
Reclassifying categories and tightening advertising
The most notable highlight is the clear definition of functional foods into four distinct groups: health supplements, fortified foods, medical food, and food for special dietary uses. This classification aims to eliminate long-standing ambiguity regarding product functions that has confused consumers. Notably, fortified foods with health claims are now mandatory to register their advertising content before release. The regulations also strictly prohibit using medical professionals’ images for promotion and require social media influencers to disclose sponsored relationships.
Decentralization and digital transformation
Decree 46 has executed a major reform in authority, increasing the percentage of administrative procedures decentralized to local governments from approximately 20% to nearly 80%. This means provinces and cities will now hold primary responsibility for market surveillance and risk-based post-market inspections, following international models. The management system is also transitioning from paper-based records to digital data, requiring seamless connectivity from raw materials to the final consumer.
Resolving challenges in the transition period
While aiming to enhance quality, the new regulations have imposed certain pressures on costs and operations for businesses, particularly regarding labeling changes and shifting product registration entities. To prevent supply chain disruptions, the Government and major hubs like Ho Chi Minh City have introduced temporary solutions, allowing for a transition period to ensure smooth customs clearance while awaiting more detailed implementation guidelines.