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 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
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
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.
Priority area | Government response |
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 to support compliance and transparency. |
Security and order | The Ministries of National Defence and Public Security are tasked with ensuring security and order are maintained during implementation to prevent negative incidents related to enforcement activities. |
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.
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.