Resolution 15/2026/NQ-CP suspension of effect of Decree 46/2026/ND-CP and Resolution 66.13/2026/NQ-CP

RESOLUTION

On suspension of effect of the Government’s 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 Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Promulgation of Legal Documents No. 64/2025/QH15, as amended and supplemented under Law No. 87/2025/QH15;

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

The Government hereby promulgates the Resolution on suspension of effect of the Government’s Decree No. 46/2026/ND-CP dated January 26, 2026, detailing the implementation of a number of articles of, and providing measures for organizing and guiding the implementation of, the Law on Food Safety, and the Government’s Resolution No. 66.13/2026/NQ-CP dated January 27, 2026, on announcement and registration of food products.

Article 1. Suspension of effect of legal documents

To suspend the application, until the Law on Food Safety (amended) and the Decree guiding the Law on Food Safety (amended) take effect, of the following documents:

1. The Government’s Decree No. 46/2026/ND-CP dated January 26, 2026, detailing the implementation of a number of articles of, and providing measures for organizing and guiding the implementation of, the Law on Food Safety.

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

Article 2. Application of legal documents during the period of suspension of effect

During the period of suspension of effect as prescribed in Article 1 of this Resolution, the Government’s Decree No. 15/2018/ND-CP dated February 02, 2018, detailing a number of articles of the Law on Food Safety, and its guiding documents, shall continue to remain in effect.

Article 3. Responsibilities for organization of implementation

1. The Ministries of Health, Industry and Trade, and Agriculture and Environment

a) To proactively guide the organization of implementation of this Resolution within the scope of their assigned management.

b) To strengthen the implementation of plans for periodic and ad hoc inspection, monitoring, supervision, guidance, and handling of violations of food safety in the processes of production, export, import, and trading of food; and of assigned and decentralized tasks within their respective management sectors.

c) To proactively review, amend, supplement, and promulgate legal documents, national technical regulations (QCVN), professional guidelines, and internal procedures within the scope of their assigned management in the field of food safety.

d) To proactively review the 2010 Law on Food Safety  in order to propose contents for amendment and supplementation according to their functions and tasks and send them to the Ministry of Health for consolidation and formulation of the Law on Food Safety (amended); to participate in the formulation of the Law on Food Safety (amended), the Decree guiding the Law on Food Safety (amended), and relevant guiding documents.

dd) To regularly disseminate and propagate legal normative documents and professional technical guidelines in the field of food safety to associations, enterprises, and relevant subjects for implementation.

2. In addition to the responsibilities prescribed in Clause 1, the Ministries and sectors shall have the following responsibilities:

a) Ministry of Health: To inspect, monitor, supervise, and handle violations in registration of product declaration dossiers and advertising of products, goods, and services within the scope of its assigned management; production conditions of establishments granted Certificates of eligibility for food safety meeting Good Manufacturing Practice (GMP) requirements for health supplements and establishments meeting good manufacturing practices for herbal medicines and traditional medicines participating in the production of health supplements.

b) Ministry of Industry and Trade: To inspect, review, monitor, supervise, and handle violations in food trading activities; counterfeit food, banned goods, smuggled goods, and other commercial fraud acts related to food on e-commerce platforms; to promptly detect and handle violations in accordance with regulations.

c) Ministry of Science and Technology: To strengthen inspection, monitoring, and supervision of activities of organizations registered for accreditation (including accreditation of testing laboratories); to coordinate with the Ministries of Health, Industry and Trade, and Agriculture and Environment in reviewing, completing, and ensuring adequacy of national standards (TCVN) on food.

d) Ministry of Culture, Sports and Tourism: To strengthen management of advertising activities according to its assigned functions and tasks related to food in accordance with Article 24 of the Government’s Decree No. 342/2025/ND-CP dated December 26, 2025, detailing a number of articles of the Law on Advertising.

3. Provincial-level People’s Committees

a) To regularly disseminate and propagate legal documents and professional technical guidelines in the field of food safety to commune-level authorities, associations, enterprises, and relevant subjects for implementation.

b) To strengthen the implementation of periodic inspection plans; to conduct ad hoc inspection, monitoring, supervision, guidance; to promptly detect and handle violations of food safety, counterfeit food, banned goods, smuggled goods within their localities and other commercial fraud acts related to food on e-commerce platforms in accordance with regulations and assigned and decentralized tasks, with a focus on preventing food poisoning incidents related to street food, school kitchens, and collective kitchens.

c) To publicly announce and update information on testing, inspection, and certification organizations in accordance with Clause 4, Article 67 of the Government’s Decree No. 22/2026/ND-CP dated January 16, 2026, detailing a number of articles of, and providing measures for organizing and guiding the implementation of, the Law on Standards and Technical Regulations.

d) To take responsibility for and implement the designation or assignment of tasks to state inspection agencies for imported food safety and testing establishments serving state management of food safety according to assignment and decentralization; to publicly disclose the list of such establishments; to ensure resources for implementation and preparation of conditions for implementation in parallel with the process of formulation and submission of the draft Law on Food Safety (amended).

dd) To direct agencies receiving dossiers for self-declaration and registration of product declaration dossiers to allocate funds for sampling and monitoring of quality and safety indicators for products announced for circulation on the market; focusing on product groups used for high-risk subjects such as children, the elderly, pregnant women, and patients. Based on monitoring results, to conduct inspection at production and trading establishments; in case violations are detected, to handle them in accordance with regulations.

4. Responsibilities for coordination in organization of implementation

The Ministries of Health, Agriculture and Environment, Industry and Trade, Finance and provincial-level People’s Committees shall complete the connection and sharing of data with the National Public Service Portal for handling administrative procedures and managing food safety, ensure uniform food safety management data from central to local levels; and promote the application of artificial intelligence in the management of food products.

Article 4. Transitional provisions

Dossiers 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, detailing a number of articles of the Law on Food Safety and relevant guiding documents.

Article 5. Effect

1. This Resolution takes effect from the date of its signing and replaces the Government’s Resolution No. 09/2026/NQ-CP dated February 04, 2026, on suspension of effect and adjustment of the effective date of Decree No. 46/2026/ND-CP dated January 26, 2026, and Resolution No. 66.13/2026/NQ-CP dated January 27, 2026.

2. Ministers, heads of ministerial-level agencies, and Chairpersons of provincial-level People’s Committees shall implement this Resolution.

On Behalf of the Government

For the Prime Minister

Deputy Prime Minister

LE THANH LONG