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Promulgation of Decree No. 46/2026/ND-CP Guiding the Implementation of the Law on Food Safety
Promulgation of Decree No. 46/2026/ND-CP Guiding the Implementation of the Law on Food Safety
On January 26, 2026, the Government promulgated Decree No. 46/2026/ND-CP, providing detailed regulations on certain articles and measures for organizing and guiding the implementation of the Law on Food Safety.
This Decree takes effect from the date of its signing and replaces Decree No. 15/2008/ND-CP, which provides detailed regulations on the implementation of certain articles of the Law on Food Safety.
However, according to Resolution No. 09/2026/NQ-CP, newly signed on February 4, 2026, Decree No. 46/2026/ND-CP will take effect on April 16, 2026.
The following are some notable new provisions under Decree No. 46/2026/ND-CP that businesses should be aware of.
Registration of Declaration of Conformity
Declaration of conformity requirements apply to:
Prepackaged processed foods;
Food additives;
Food processing aids;
Utensils and packaging materials used to contain food and come into direct contact with food.
The validity period of a declaration of conformity is determined based on the validity of the conformity assessment certification result and must not exceed 03 years.
Certification of Establishments Satisfying Food Safety Requirements
- A new feature of this Decree is the introduction of a separate provision on procedures for issuing Certificates of Establishment Satisfying Food Safety Requirements for establishments under the management of the agriculture and environment sector and the industry and trade sector. Upon receiving a notification requesting amendments or supplementation of the application dossier, the establishment must complete the dossier within 30 days. If this deadline is exceeded, the establishment must submit a new application dossier.
- The Decree also supplements provisions on the revocation of Certificates of Establishment Satisfying Food Safety Requirements. Cases subject to revocation include:
The absence of business registration or an inappropriate business registration;
The use of prohibited substances in food production or trading;
The production of counterfeit goods;
Two food poisoning incidents occurring within one year, or one food poisoning incident resulting in a fatality within one year.
State Inspection of Imported Food
Under Decree No. 46/2026/ND-CP, food safety inspection procedures for imported food have been adjusted in a more stringent direction.
The new Decree also addresses registration dossiers for reduced, normal and tightened inspection procedures, as well as the implementation procedures for these inspection methods.
Under the new normal inspection procedure, the time required for goods awaiting customs clearance is as follows:
+ Identification of quality and food safety criteria based on product classification, risk level and declaration dossiers, and selection of a designated food testing laboratory to conduct testing for state food safety management purposes: 02 days from the date of receipt of a complete inspection registration dossier.
+ The testing laboratory must complete sample collection, inspection of the actual condition of the goods, and submission of the testing result report for state management purposes to the state inspection authority: 07 days from the date the goods arrive at the border gate.
+ The inspection authority issues a notification confirming whether the food meets or fails to meet import requirements: 01 day from the date of receipt of the testing result report.
Accordingly, the new normal inspection procedure will take approximately 5–7 days longer than under the previous regulations.
Inspection During Market Circulation
Provisions on inspections during market circulation are incorporated into Article 30 of Decree No. 46/2026/ND-CP.
Inspection Methods
Planned inspections;
Ad hoc inspections.
Inspection Contents
At a minimum, inspections cover the following:
Conformity of products with their declarations of conformity and applicable National Technical Regulations (QCVN);
Traceability;
Sampling for testing where necessary.
+ For food products traded on e-commerce platforms, the competent authorities will also compare the consistency between the information declared on the electronic platform and the actual products inspected.
Conclusion
We hope this article helps you gain a better understanding of Decree No. 46/2026/ND-CP, which provides detailed regulations on certain articles and measures for organizing and guiding the implementation of the Law on Food Safety.
If you have any questions or encounter any difficulties, please contact us here.
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