DRAFT DECREE AMENDING DECREE NO. 15/2018/NĐ-CP

1. Introduction

The Ministry of Health is leading the drafting and soliciting comments on a draft Decree amending Decree No. 15/2018/NĐ-CP dated 2 February 2018, which provides guidance for the implementation of certain provisions of the Law on Food Safety. The amendments aim to remedy deficiencies in self-declaration, advertising, and post-market surveillance while enhancing product quality, aligning with international practices, and facilitating administrative reform.

2. Key changes introduced by the draft decree

1. Administrative Reform

The draft removes certain cases of state inspection for imported food products (for example, products that already have a registration/notification or products intended solely for in-house production).

It simplifies procedures for designating testing laboratories: reducing required dossier items (removing 4 out of 9 document types), and abolishing some supervision exemptions while loosening certain business registration documentation requirements.

The Ministry of Health, Ministry of Agriculture & Rural Development, Ministry of Natural Resources & Environment, Ministry of Industry & Trade, Ministry of Finance and local authorities are required to develop online systems and share data with the National Public Service Portal.

2. Tighter control of self-declaration and special product groups

The draft introduces mandatory registration of product notifications (instead of open self-declaration) for product groups such as: dietary supplements, medical-nutrition products, foods for special dietary uses, and infant/toddler nutrition (under 36 months).

It requires full disclosure of quality specifications, not only safety criteria, to address companies overstating benefits or providing incomplete/irresponsible declarations.

3. Strengthened post-market surveillance and enforcement

The draft clarifies plans and frequency for routine and ad-hoc post-market inspections, and allows authorized testing bodies to take surveillance samples proactively.

It requires public disclosure of product notification dossiers, records of post-market checks, and enables administrative actions such as revoking notifications or removing product information from official management systems when violations are found.

4. Higher standards for facilities producing special products

Facilities producing the above-mentioned special product groups must obtain safety/quality certifications aligned with international standards such as GMP, HACCP, ISO 22000, IFS, BRC, FSSC 22000, or equivalents.

5. Introducing Procedures for Re-Issuance and Extension of Work Permit Exemption Certificates

E-commerce platforms, social media, and influencers promoting food products (especially functional foods and supplements) must disclose sponsorship relationships and follow codes of conduct to reduce misleading or deceptive advertising.

3. Key Advantages and Challenges for Businesses

The Draft introduces several reform-oriented changes that help shorten processing times and reduce the number of required documents. Mandatory registration and full disclosure of quality indicators ensure that products meet declared commitments. Stronger governance and transparency: Post-market surveillance, dossier revocation, and removal of non-compliant information strengthen consumer protection. Alignment with international practices: Greater recognition of international food safety systems facilitates exports and global market access.

However, it is also important to recognize that these changes may create challenges for businesses. Higher compliance costs: Small businesses, especially in the special food sector, may face difficulties meeting international standards such as HACCP or GMP. Uneven implementation capacity: Developing and integrating online systems and data-sharing may vary across ministries and local authorities due to differing technical capabilities. Difficulties in monitoring online advertising: Despite clearer rules, effectively supervising influencers and social media platforms remains a significant challenge.

The draft Decree amending Decree 15/2018/NĐ-CP demonstrates a significant initiative by the Ministry of Health to enhance transparency, safety, and compliance in the food market. Strengthened requirements for public filing, post-market surveillance, and advertising oversight should better protect consumers and ensure corporate accountability. However, effective implementation will require adequate resources and coordination between businesses and regulatory authorities.

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Prepared by:
Senior Legal Associate at ALTAS Law - Nguyen Tran Ngoc Thach 
Date: 18/9/2025