CONTINUED DELAY IN IMPLEMENTATION OF DECREE 46: ISO 22000 AND HACCP REMAIN FOOD SAFETY STANDARDS AMID WAIT FOR NEW FOOD SAFETY LAW

Vietnam’s food industry is undergoing a significant legal transition as the Government has decided to continue postponing the implementation of Decree No. 46/2026/ND-CP on food safety. This creates an opportunity for businesses to restructure their operations and focus on genuine quality management rather than administrative procedures.

This development opens up new opportunities for enterprises, but also raises several questions: What should businesses prepare? How should ISO 22000 and HACCP be applied? How can companies adapt to the upcoming new Food Safety Law currently under consideration?

1. DECREE 46 TEMPORARILY SUSPENDED – MEANING AND PRACTICAL IMPACT

The Government has recently passed a resolution to continue suspending the enforcement of Decree No. 46/2026/ND-CP and Resolution 66.13/2026/NQ-CP on food safety, until the amended Food Safety Law and its guiding documents come into effect.

Before being suspended, Decree 46/2026/ND-CP detailed procedures related to:

• The announcement and registration of food products.
• Food safety management, including inspection and post-inspection processes at customs and domestically.
• Responsibilities for declaring standards, sample testing, and reporting to regulatory authorities.

The continued suspension brings several notable impacts:

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• Greater operational flexibility for businesses: Enterprises are no longer bound by the detailed procedures of Decree 46, allowing them to optimize operational processes instead of focusing on complex administrative compliance.
• Focus on genuine quality: Hygiene and food safety management activities must still comply with the current Food Safety Law and previous guidance documents to ensure consumer safety and legal compliance.
• Reduced legal pressure during the transition period: Businesses have additional time to update their food safety management systems to meet the requirements of the amended Food Safety Law once it is enacted.

This temporary suspension aims to address confusion, implementation difficulties, and concerns about production or business disruption due to the lack of detailed guidance and timely support.

2. ISO 22000/HACCP – INTERNATIONAL STANDARDS THAT CANNOT BE REPLACED

While detailed legal regulations on food safety are temporarily suspended, many businesses may feel “directionless” in quality management. This is precisely when ISO 22000/HACCP certification becomes a golden key: it not only provides a scientific method to control risks but also enhances credibility and competitiveness in the market.

ISO 22000/HACCP certification – the foundation for sustainable food safety

2.1 ISO 22000:2018
ISO 22000:2018 is a comprehensive food safety management system that integrates HACCP principles with system management requirements:

• Manages food safety risks from raw materials to final products.
• Integrates internal controls, production process monitoring, and supplier management.
• Enhances transparency and credibility, especially for export markets.

2.2 HACCP CODEX
HACCP CODEX (Hazard Analysis and Critical Control Point) is a preventive approach to food safety risk management:

• Identifies critical control points in production.
• Establishes preventive measures and risk monitoring.
• Focuses on preventing incidents before they occur, rather than only inspecting final products.

Why ISO 22000/HACCP Certification Remains Important:

• Independent of administrative regulations such as Decree 46 – built on scientific principles and risk management.
• Provides a professional, scientific, and comprehensive management tool.
• Prepares businesses to adapt to the new Food Safety Law, including traceability, supply chain control, and international standards.

3. IMPACTS AND OPPORTUNITIES FOR BUSINESSES

The temporary suspension of Decree 46 is both a challenge and an opportunity for businesses to restructure, improve product quality, and optimize costs.

3.1 Greater operational flexibility

• Businesses can optimize internal processes and remove redundant administrative procedures.
• Focus resources on actual quality control rather than paperwork.

3.2 Focus on real quality management

• Maintaining ISO 22000/HACCP helps reduce food safety risks and prevent incidents affecting reputation or legal compliance.
• Improves product quality, builds customer and partner trust.

3.3 Preparation for the new Food Safety Law

• The amended Food Safety Law is expected to strengthen traceability, supply chain control, and legal responsibilities.
• Companies maintaining ISO 22000/HACCP will adapt more easily and avoid being unprepared for new requirements.

3.4 Enhancing brand credibility and export markets

• International standards recognized worldwide.
• Provides competitive advantages, particularly in export markets or large supply chains.
• Builds a professional, safe, and trustworthy corporate image.

4. BUSINESS DIRECTIONS DURING THE TRANSITION PERIOD

To leverage opportunities and reduce risks, businesses should take specific steps:

4.1 Assess and optimize internal processes

• Review the entire process from raw materials, production, processing, storage, to distribution.
• Eliminate redundant steps previously required by Decree 46 while ensuring risk control.
• Apply ISO 22000/HACCP as a management framework to optimize and maintain safety standards.

4.2 Maintain and upgrade ISO 22000/HACCP

• ISO 22000:2018: Update risk analysis, traceability, and supply chain controls.
• HACCP: Review critical control points (CCPs) and focus on preventive measures rather than just final product inspection.
• Conduct regular staff training to ensure understanding of standards, responsibilities, and risk control procedures.

=> Benefit: Prepares businesses for the new Food Safety Law without rebuilding systems from scratch.

4.3 Comply with current legal requirements

Even with Decree 46 suspended, the current Food Safety Law still mandates:

• Hygiene and food safety assurance.
• Labeling, advertising, storage, and transportation compliance.
• Traceability when necessary.
• ISO 22000/HACCP helps businesses meet these requirements systematically with clear evidence.

4.4 Monitor updates and guidance from authorities

The Ministry of Health and relevant agencies will provide transitional guidance for the new Food Safety Law.

Businesses should:

• Subscribe to updates.
• Participate in workshops and training on food safety.
• Adjust ISO 22000/HACCP procedures promptly.

The suspension of Decree 46 provides businesses the opportunity to:

• Operate more flexibly with fewer administrative burdens.
• Optimize risk control and product quality.
• Be fully prepared for the new Food Safety Law.

ISO 22000 and HACCP certification remain indispensable food safety standards, helping businesses protect consumers, improve product quality, and increase competitiveness.

In a market increasingly demanding quality, safety, and transparency, ISO 22000/HACCP acts as a “compass” enabling businesses to stay ahead, adapt quickly, and achieve sustainable growth.

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