On January 26, 2026, the Government issued Decree No. 46/2026/ND-CP detailing the implementation of certain articles and measures to organize and guide the execution of the Food Safety Law. This decree applies to Vietnamese agencies, organizations, and individuals, as well as foreign organizations and individuals in Vietnam involved in food production and business operations.
Regulations on Registration of Conformity Declarations
Organizations and individuals are required to register a conformity declaration for food products that have technical regulations regarding quality and safety indicators. Products falling under this category include pre-packaged processed foods, food additives, food processing aids, and packaging or containers that come into direct contact with food. The conformity declaration is valid according to the validity of the conformity certification result, and for no more than 03 years. During business operations, if technical regulations change, organizations and individuals must obtain conformity certification under the new regulations and re-register the declaration.
Safety Conditions in the Production of Health Supplements
For health supplement manufacturing facilities, it is a mandatory requirement to establish and maintain a quality management system following Good Manufacturing Practice (GMP) principles. The factory and equipment systems must be appropriately designed, operating on a one-way principle to facilitate cleaning and minimize the risk of cross-contamination. The certificate of a food safety-qualified facility meeting GMP requirements for health supplements is valid for 03 years from the date of issuance. Facilities must submit an application for the re-issuance of this certificate 06 months before its expiration.
Facilities Exempt from the Food Safety Certificate
The decree clearly specifies certain facilities that are exempt from the requirement to hold a food safety-qualified facility certificate. Exempted entities include small-scale initial production facilities, small-scale preliminary processing facilities, small-scale food business facilities, street food vendors, and food production or business facilities without fixed locations. Additionally, hotel restaurants, collective kitchens not registered for the food business, and businesses selling pre-packaged foods are also exempt. However, all these facilities must still strictly adhere to the corresponding food safety conditions mandated by law.
Regulations on Food Labeling and Advertising
Regarding labeling, medical nutritional foods must explicitly display the phrases “Medical nutritional food” and “Use for patients under the supervision of medical personnel”. For advertising, products such as health supplements, medical nutritional foods, foods for special dietary uses, and supplemented foods must have their advertising content registered prior to any promotional activities. Advertisements for health supplements, in particular, must include the warning: “This food is not a medicine and does not have the effect of replacing curative medicine”. Organizations and individuals are only permitted to advertise after receiving the Content Confirmation Certificate and must strictly align their advertisements with the approved content.
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