Regulatory Update: Decree No. 46/2026/NĐ-CP Guiding the Law on Food Safety

This Decree details the implementation of the Law on Food Safety and officially replaces Decree No. 15/2018/NĐ-CP.

1. Registration of Conformity Declaration

  • Scope: Mandatory for food products with established national technical regulations (QCVN), including pre-packaged processed foods, food additives, processing aids, and food contact materials.
  • Validity: The declaration is valid for the duration of the Conformity Certificate but shall not exceed 03 years.
  • Submission: Applications can be submitted online or directly to the state authority designated by the Provincial People’s Committee.

2. Manufacturing Conditions for Health Supplements

  • GMP Compliance: Manufacturers must establish and maintain a Good Manufacturing Practice (GMP) system specifically for health supplements.
  • Personnel: The person in charge of expertise must hold a university degree (in Medicine, Pharmacy, Nutrition, etc.) and have at least 03 years of experience in a related field.
  • Certification: The GMP certificate is valid for 03 years.

3. State Inspection of Imported Food

  • Inspection Methods:

    • Tightened Inspection: Includes dossier review, physical inspection of goods, and mandatory sampling for testing.
    • Normal Inspection: Includes dossier review, physical inspection, and random sampling based on selected criteria.
    • Reduced Inspection: Dossier review only (applicable if the product passes normal inspection 03 consecutive times within 12 months).
  • Exemptions: Applied to gifts within duty-free limits, diplomatic goods, samples for research/testing, goods for exhibition, and materials for export processing.

4. Advertising and Labeling

  • Mandatory Registration: Required for health supplements, medical nutrition food, special dietary food, and supplemented food with health claims.
  • Mandatory Warning: Advertisements for health supplements must state: “This food is not a medicine and does not replace medicine for treatment”.
  • GMO Labeling: Products containing at least one genetically modified ingredient exceeding 5% of the total ingredients must be labeled accordingly.

5. Transitional Provisions

  • Manufacturers of medical nutrition food, supplemented food, etc., must obtain HACCP, ISO 22000, or GMP certification by December 31, 2026.

Attached File:

Decision No. 46/2026/NĐ-CP (Official PDF – signed & sealed).pdf

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