How to handle imported food that does not meet requirements?

Legal Consulting Office of Lao Dong Newspaper answers:

Article 26 of Decree 46/2026/ND-CP detailing the implementation of a number of articles and measures to organize and guide the implementation of the Law on Food Safety (effective from January 26, 2026) stipulates the handling of food that does not meet the requirements of imported food as follows:

1. After completing the handling of food that does not meet import requirements according to the decision of the state inspection agency, the goods owner is responsible for reporting to the state inspection agency and the dossier receiving agency to announce one of the following documents:

a) Re-export documents for cases applying the form of re-export;

b) The destruction record is certified by a competent authority;

c) Contract on change of purpose of use between the goods owner and the buyer or the transferee of the goods. The buyer or the transferee of the goods that does not meet import requirements is not allowed to use that item as food.

2. For goods that do not meet import requirements due to errors in goods labeling or other errors not related to quality and food safety as prescribed by law:

After completing the remedy of the error, if they want to import into Vietnam, the goods owner is responsible for carrying out the registration procedure for inspection according to the provisions of this Decree. In case remedy measures have been applied but the goods still do not meet import requirements, one of the forms of handling specified in points c and d, clause 3, Article 55 of the Law on Food Safety must be applied.

Thus, from January 26, 2026, the handling of imported food will not meet the above requirements.