Resolution No. 15/2026/NQ-CP dated April 06, 2026 on suspension of effect of Decree No. 46/2026/ND-CP and Resolution No. 66.13/2026/NQ-CP

RESOLUTION

SUSPENSION OF EFFECT OF DECREE NO. 46/2026/ND-CP DATED JANUARY 26, 2026 AND RESOLUTION NO. 66.13/2026/NQ-CP DATED JANUARY 27, 2026.

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Promulgation of Legislative Documents No. 64/2025/QH15, amended by Law No. 87/2025/QH15;

At the request of the Minister of Health, the Minister of Agriculture and Environment, the Minister of Industry and Trade and the Minister of Justice;

The Government of Vietnam promulgates the Decree on suspension of effect of the Government’s Decree No. 46/2026/ND-CP dated January 26, 2026 on elaboration of some Articles and measures for organization of the implementation of the Law on Food Safety and the Government’s Resolution No. 66.13/2026/NQ-CP dated January 27, 2026 on declaration and registration of food products.

Article 1. Suspension of effect of Decree No. 46/2026/ND-CP and Resolution No. 66.13/2026/NQ-CP

The effect of the following documents shall be suspended until the Law on Amendments to the Law on Food Safety and its elaborating Decrees take effect:

1. The Government’s Decree No. 46/2026/ND-CP dated January 26, 2026 on elaboration of some Articles and measures for organization of the implementation of the Law on Food Safety.

2. The Government’s Resolution No. 66.13/2026/NQ-CP dated January 27, 2026 on declaration and registration of food products.

Article 2. Application of legislative documents during suspension period of Decree No. 46/2026/ND-CP and Resolution No. 66.13/2026/NQ-CP

The Government’s Decree No. 15/2018/ND-CP dated February 02, 2018 on elaboration of some Articles of the Law on Food Safety, its elaborating and guiding documents shall remain effective during the suspension period prescribed in Article 1 of this Resolution.

Article 3. Responsibility for organization of implementation

1. The Ministry of Health, the Ministry of Industry and Trade, the Ministry of Agriculture and Environment shall:

a) Proactively provide guidelines for implementation of this Resolution within their jurisdiction.

b) Intensify implementation of plans for periodic and ad hoc inspections; carry out supervisions; provide instructions; impose penalties for violations against regulations on food safety during production, export, import, sale of foods; perform the assigned and delegated tasks within their jurisdiction.

c) Proactively review, amend and promulgate legislative documents, National Technical Regulations (QCVN), professional guidelines and internal procedures related to food safety within their jurisdiction.

d) Proactively review the 2010’s the Law on Food Safety to propose amendments to the Ministry of Health for development of the Law on Amendments to the Law on Food Safety; participate in the development of the Law on Amendments to the Law on Food Safety, its elaborating Decrees and relevant elaborating documents.

dd) Frequently disseminate legislative documents and professional guidelines for food safety among associations, enterprises and relevant entities to ensure compliance.

2. In addition to the responsibilities mentioned in Clause 1 above, Ministries and central authorities also have the following responsibilities:

a) The Ministry of Health shall inspect, monitor, supervise and take actions against violations against regulations on registration of food product declaration, advertising of products, goods and services within its jurisdiction; fulfillment of manufacturing requirements of facilities granted the Certificate of food safety and GMP compliance and facilities satisfying GMP requirements for herbal medicines and traditional medicines and manufacturing dietary supplements.

b) The Ministry of Industry and Trade shall inspect, review, monitor, supervise, promptly discover and take actions against violations against regulations on trade in foods, foods that are counterfeits, banned goods, illegally imported goods and other food-related trade frauds on e-commerce platforms.

c) The Ministry of Science and Technology shall intensify inspection, monitoring and supervision of registered certifying organizations (including testing laboratory certification); cooperate with the Ministry of Health, the Ministry of Industry and Trade, the Ministry of Agriculture and Environment in reviewing and completing national standards (TCVN) on foods.

d) The Ministry of Culture, Sports and Tourism shall intensify management of food advertising within its jurisdiction in accordance with Article 24 of the Government’s Decree No. 342/2025/ND-CP dated December 26, 2025 elaborating some Article of the Law on Advertising.

3. The People’s Committees of provinces and cities shall:

a) Frequently disseminate legislative documents and professional guidelines for food safety among commune-level authorities, associations, enterprises and relevant entities to ensure compliance.

b) Intensify the implementation of periodic inspection plans; carry out ad hoc inspections; carry out monitoring, supervision; provide instructions; promptly discover and take actions against violations against regulations on trade in foods, foods that are counterfeits, banned goods, illegally imported goods and other food-related trade frauds on e-commerce platforms, perform assigned and delegated tasks, especially prevention of food poisoning caused by street foods, school meals and workplace meals.

c) Disclose and update information about testing, assessing and certifying organizations in accordance with Clause 4 Article 67 of the Government’s Decree No. 22/2026/ND-CP dated January 16, 2026 on elaboration and measures for implementation of the Law on Technical Regulations and Standards.

d) Take responsibility an carry out designation or assignment of agencies responsible for state inspection of imported food safety, testing laboratories serving state management of food safety under assignment and delegation, publish the list of these testing laboratories; ensure resources and prepare conditions for implementation as the same time as development and submission of the draft law on amendments to the Law on Food Safety.

dd) Give directions to authorities receiving self-declarations and product declarations; provide funding for sampling in order to monitor quality and safety indicators of declared products circulating on the market, especially products for vulnerable groups such as children, the elderly, pregnant women, and patients. On the basis of supervision results, carry out inspections at the premises of foods manufacturers and sellers, and take actions against discovered violations as per regulations.

4. Responsibility for cooperation in implementation

The Ministry of Health, the Ministry of Agriculture and Environment, the Ministry of Industry and Trade, the Ministry of Finance, the People’s Committees of provinces and cities shall establish connection and share data with National Public Service Portal to complete administrative procedures and manage food safety, ensure uniformity of food safety management data from central to local levels; enhance application of artificial intelligence in food product management.

Article 4. Transition clauses

Applications submitted before the effective date of this resolution shall continue to be processed in accordance with the Government’s Decree No. 15/2018/ND-CP dated February 02, 2018 on elaboration of some Articles of the Law on Food Safety, its elaborating and guiding documents.

Article 5. Entry into force

1. This Resolution enters into force from the day on which it is signed and replaces the Government’s Resolution No. 09/2026/NQ-CP dated February 04, 2026 on Suspension of effect and change of effective dates of the Government’s Decree No. 46/2026/ND-CP dated January 26, 2026 and the Government’s Resolution No. 66.13/2026/NQ-CP dated January 27, 2026.

2. Ministries, ministerial agencies, the People’s Committees of provinces and cities are responsible for the implementation of this Resolution.