Vietnam Suspends Effectiveness of Decree 46 on Food Safety

Background and Suspension Decision

Vietnam's government has moved swiftly to address a series of practical difficulties emerging from the rollout of Decree No. 46/2026/ND-CP ("Decree 46"), a major new regulation implementing the Law on Food Safety.

Decreet 46, which took effect on January 26, 2026, tightens food safety controls across the production, import, and distribution chain. While the decree introduces stricter inspection and compliance requirements to improve consumer protection and supply chain integrity, its immediate impact has caused operational bottlenecks, particularly at customs and border crossings.

In response, the government has issued Resolution No. 09/2026/NQ-CP, temporarily suspending the effectiveness and adjusting the implementation timeline of Decree 46, as well as Resolution No. 66.13/2026/NQ-CP concerning the publication and registration of food products.

Specifically, the government resolved to temporarily suspend the enforcement of Decree 46 dated January 26 and Resolution 66.13 until April 15, 2026. Both instruments will resume effect from April 16. During the suspension period, Decree No. 15/2018/ND-CP dated February 2, 2018, which details the implementation of certain provisions of the Law on Food Safety, together with its guiding documents, will remain in force.

Resolution 9 takes effect from February 4. Prior to April 16, the Ministries of Health, Agriculture and Environment, Industry and Trade, and Finance, along with other relevant ministries, agencies, and People's Committees at all levels, are tasked with fully preparing the necessary conditions for the implementation of Decree No. 46 and Resolution No. 66.13/2026.

Why Decree 46 Matters

Decreet 46 sets out detailed procedures and measures for implementing the Law on Food Safety, replacing Decree No. 15/2018/ND-CP. It strengthens food safety controls by standardizing inspection responsibilities, enhancing traceability, and focusing testing on safety and quality indicators before products enter domestic circulation. The regulation also aligns inspection activities across multiple ministries, including Health, Agriculture and Environment, Industry and Trade, and Finance.

In light of recent serious food safety incidents, especially involving Halong Canfoco and Sago Food, which have heightened public health concerns, these updates reflect the government's goal of addressing regulatory gaps and updating the food safety system.

The decree covers domestically produced food, imports, and all phases of distribution and retail.

Challenges as New Controls Meet Operational Reality

Sudden Expansion of Inspections with Limited Facilities

Under Decree 46, state food safety inspections now include mandatory document checks, physical inspections, and laboratory testing for imported food shipments before customs clearance. This represents a significant change from the previous regime, where not all shipments were subject to comprehensive testing prior to release.

However, many land border gates lack adequate on-site laboratory facilities, and there has been insufficient guidance on selecting specific safety criteria for testing. As a result, some importers faced delays of five to seven days or longer, particularly for perishable goods such as fresh farm produce, seafood, and vegetables. The situation raises grave concerns about shelf life and supply continuity.

Administrative and Enforcement Uncertainty

Another key challenge was the lack of immediate, unified technical guidance for inspection authorities and customs officials. With multiple ministries involved, businesses reported inconsistent interpretation of procedures and overlapping inspection authority, complicating compliance efforts and exacerbating congestion at checkpoints.

Preliminary data from the General Department of Customs (Ministry of Finance) indicates that on January 30, 2026, over 1,300 vehicles, including trucks and boats carrying food and fresh agricultural products, were stranded at land and inland waterway border checkpoints across the country. These vehicles could not clear customs because they lacked the necessary food safety inspection results mandated by the new regulations.

Together, these dynamics revealed a clear tension between Decree 46's food safety objectives and existing operational realities, prompting business groups and local authorities to seek urgent clarity and support.

Prime Minister Directs Coordinated Action to Resolve Bottlenecks

On February 3, 2026, Vietnamese Prime Minister Pham Minh Chinh issued Official Dispatch No. 08/CD-TTg, directing ministries, agencies, and local governments to focus on removing obstacles to implementation and ensuring continuity in customs clearance and trade operations.

The government assigned an inter-agency group, as well as local People's Committees, to coordinate efforts to improve both regulatory clarity and the effectiveness of state inspections.

Priority Response Measures

Guidance on implementation: Ministries of Health, Agriculture and Environment, Industry and Trade, and others are directed to issue urgent guiding documents for Decree 46 inspection procedures and to ensure units and localities are prepared with adequate personnel, facilities, and equipment.

Review and proposal of amendments: The Ministry of Health, in coordination with line ministries, must review Decree 46 regulations, summarize challenges, and propose recommendations at a regular government meeting.

Customs and border facilitation: The Ministry of Finance directs customs authorities to deploy staff 24/7 at border gates, work with functional forces to resolve congestion, and ensure the national electronic customs clearance system operates smoothly.

Public communication: The Ministry of Culture, Sports and Tourism, together with Vietnam Television, Voice of Vietnam, and Vietnam News Agency, will strengthen communication on the intent and significance of Decree 46 and new food safety policies.

Impact and Recommendations for SME Businesses

SME businesses involved in food production, import, and distribution should:

Monitor closely: Stay updated on new guidance documents from relevant ministries before April 16, 2026
Prepare systems: Develop internal compliance procedures aligned with new inspection and testing requirements
Enhance traceability: Invest in tracking and documentation systems to meet higher traceability requirements
Coordinate with authorities: Work closely with customs and inspection agencies to understand procedures and avoid delays
Plan logistics: Anticipate longer clearance times when Decree 46 resumes effectiveness, especially for perishable goods

The suspension until April provides a valuable window for businesses to prepare and for the government to refine infrastructure and implementation guidance.

Key Takeaways

Decree 46 strengthens food safety controls but caused immediate operational bottlenecks at borders
Government suspended effectiveness until April 15, 2026, to allow preparation time
Over 1,300 vehicles were stranded at checkpoints on January 30 due to new inspection requirements
Ministries must issue detailed guidance and enhance border infrastructure before April 16
SME businesses should use this period to prepare compliance systems and coordinate with authorities
The decree will resume on April 16 with improved implementation support and clearer procedures

This regulatory adjustment demonstrates the government's responsiveness to practical challenges while maintaining commitment to strengthening Vietnam's food safety framework. Businesses should view the suspension period as an opportunity to align operations with the enhanced food safety regime that will take effect in mid-April 2026.