Vietnam Addresses Implementation Bottlenecks Under Decree 46 on Food Safety

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.

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Decree 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 authorities are now addressing the situation through coordinated guidance, interagency collaboration, and technical support.

Why Decree 46 matters

Decree 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 emerge 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

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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, the 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.

Additionally, a 24/7 hotline will be established to receive and resolve emerging issues promptly, and personnel will be assigned to address enquiries related to the new regulations.

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The directive also requires local People’s Committees to allocate and prepare adequate testing facilities and inspection capacities at border posts and within provinces. If the documentation is complete as promised, customs clearance must be granted immediately, with sample testing conducted either concurrently or afterward at the enterprise’s warehouse, as appropriate.

To ensure oversight and responsiveness, the Ministry of Health is required to report daily to the Prime Minister on the progress of Decree 46 implementation and any emerging challenges, and to propose solutions as needed.

Recommended actions for businesses

Review compliance and documentation

Importers, exporters, and food producers should immediately review their procedures to ensure alignment with Decree 46’s inspection and testing requirements. This includes verifying product standards, quality declarations, and conformity documentation expected under the new regime.

Engage with designated authorities

Proactive engagement with state inspection agencies and customs offices can help clarify applicable procedures for specific product categories and minimize surprises during inspection. Businesses should be ready to adjust documentation submissions and comply with testing protocols as guided by relevant ministries.

Plan for longer lead times

Given existing testing capacity constraints and the need for detailed inspections, companies should account for potential delays when planning logistics and supply chain schedules, especially for temperature-sensitive products.

Monitor further guidance

The government has signaled ongoing development of detailed guidance documents and the possibility of further refinements to implementation protocols. Businesses should closely monitor official government releases.

Setting up a business in Vietnam requires navigating company registration, local approvals, and work permit processes. We help FDI companies by preparing and submitting documentation, coordinating with authorities, and ensuring compliance, so they can start operations smoothly and focus on growth.

Tam Nguyen

Senior Manager

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