Decree 46 has obstacles in implementation, Ministry of Industry and Trade speaks out

Tuyết Lan |

Implementing Decree 46/2026/ND-CP (Decree 46) on food safety, the Ministry of Industry and Trade has coordinated with localities to remove difficulties.

Coordinating with localities to remove obstacles

According to the Import-Export Department (Ministry of Industry and Trade), the unit has synchronously implemented tasks to remove difficulties and obstacles in goods clearance activities at border gates when implementing Decree No. 46/2026/ND-CP of the Government detailing the implementation of a number of articles and measures to organize and guide the implementation of the Law on Food Safety.

On February 1, 2026, the Import-Export Department issued a document to the Departments of Industry and Trade of provinces and centrally-run cities requesting coordination to remove difficulties and obstacles in the process of implementing state inspection procedures on food safety for import and export goods.

On February 2, 2026, the Import-Export Department organized a working delegation to survey the reality at Tan Thanh - Po Chai border gate (Lang Son) and worked with local departments, agencies, and branches to grasp the customs clearance situation. According to a report by Lang Son province, in January 2026, the total number of vehicles carrying import and export goods through the area reached 51,636 vehicles, an increase of about 35% compared to the same period in 2025. The specialized transport route in the 1088/2-1089 milestone area reached 17,538 vehicles, an increase of 32.25% compared to the same period.

The Import-Export Department said that Decree No. 46/2026/ND-CP, effective from January 26, 2026, has changed the method of inspecting imported food, accordingly, in addition to checking dossiers, it is also necessary to actually inspect goods and take samples for testing. The sampling for testing according to regulations may take about 7 working days, only when goods meet the requirements are they eligible for customs clearance. Due to the lack of detailed instructions immediately after the Decree takes effect, the implementation at some border gates initially has problems.

According to records of the Import-Export Department, import and export activities through border gates in Lang Son province are still taking place normally, stably, and smoothly. Some first-time imported food items still face difficulties in the process of carrying out food safety inspection procedures.

Proposing coordination, updating outstanding issues and proposing solutions

According to the quick report of the Import-Export Department, at the working session with Lang Son province, Deputy Director of the Import-Export Department Tran Quoc Toan requested the locality to continue to strengthen exchanges and coordination with local authorities and management agencies of China in the coming time to inform about new regulations of Vietnam according to Decree No. 46/2026/ND-CP; and exchange measures to promptly remove difficulties and obstacles in the process of implementing state inspection procedures on food safety.

The Import-Export Department also proposed to strengthen information, propaganda, and guidance for Vietnamese import-export enterprises and notify Chinese partners about Vietnam's new regulations related to food safety inspection according to the guidance of functional agencies; thereby creating favorable conditions for goods clearance activities at border gates, limiting the situation of goods congestion.

According to the updated report dated February 3, 2026, through monitoring border provinces, most localities did not experience inventory or congestion of goods.

For the port and aviation areas, the Import-Export Department has requested the Customs Sub-Department of Region I to coordinate in providing updated daily information on the situation of imported food cargo backlogs at Noi Bai International Airport to promptly summarize, report and propose handling solutions.

Based on the reports, the Import-Export Department proposed assigning the Department of Industry to be the focal point to coordinate with the Ministry of Health and the Ministry of Agriculture and Environment to review, propose amendments and supplements or soon have detailed guidance to remove difficulties in the implementation of Decree No. 46/2026/ND-CP; and at the same time continue to closely monitor the situation and promptly report to the Ministry's leaders to handle arising issues.

Tuyết Lan
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