Temporary Suspension of Decree No.46/2026/ND-CP: Policy Risk Lessons and Compliance Management in Food Imports

In late January 2026, the entry into force of Decree No. 46/2026/ND-CP, effective from 26 January 2026, rapidly generated significant impacts on food import activities in Vietnam. Within a very short period, serious congestion was recorded at land, waterway, and air border gates nationwide, with more than 700 import consignments stranded, amounting to an estimated volume of approximately 300,000 tons. These consignments primarily consisted of fresh agricultural products, semi-processed plant-origin goods, and certain packaged and processed food products.

Notably, this situation did not arise from any violations by importing enterprises. Instead, it stemmed from the immediate effectiveness of the Decree while detailed implementing guidelines on inspection methods, sampling procedures, and testing timelines had not yet been fully issued. In addition, the Decree did not establish transitional provisions for consignments that had already been imported or were undergoing customs procedures prior to its effective date. The simultaneous application of new inspection methods, with result turnaround times ranging from five to seven days, placed considerable pressure not only on importing enterprises but also on inspection authorities and testing systems.

When New Regulations Create Unanticipated Risks

In principle, Decree No. 46/2026/ND-CP was promulgated to improve the legal framework for food safety management, with the aim of strengthening quality control and consumer protection. However, in practical implementation, the immediate enforcement of a regulation without sufficient technical guidance and transitional arrangements led to the emergence of systemic risks.

For food supply chains, particularly those involving fresh and highly perishable products, time is a decisive factor. Even a delay of several days in inspection procedures can result in substantial economic losses, disrupt delivery schedules, and directly affect an enterprise’s commercial reputation. In this context, strict compliance alone is no longer sufficient to shield enterprises from policy-induced risks.

The Role of Resolution No. 09/2026/NQ-CP in Policy Adjustment

In response to the consequences that emerged only days after the Decree took effect, on 4 February 2026 the Government issued Resolution No. 09/2026/NQ-CP, deciding to temporarily suspend the effectiveness of Decree No. 46 and adjust its implementation date from 26 January 2026 to 16 April 2026.

This Resolution should not be interpreted as a retreat from food safety management objectives or a reversal of policy direction. Rather, it represents a timely regulatory response aimed at addressing practical implementation bottlenecks. The temporary suspension provided authorities with additional time to finalize technical guidelines, standardize inspection procedures, and enable enterprises to adjust their import and logistics plans in line with the new regulatory requirements.

This measure also contributed to the rapid stabilization of customs clearance activities nationwide, mitigating the risk of supply chain disruption, particularly during the period leading up to the Lunar New Year when food circulation demand is at its peak.

The Gap Between Policy Design and Implementation Capacity

Practical implementation during the initial days of Decree No. 46 further revealed significant pressure on specialized inspection bodies. At certain peak periods, designated testing organizations were compelled to temporarily suspend the acceptance of applications for state inspection of imported food products due to system overload.

These developments clearly demonstrate that compliance risks during policy transition periods do not arise solely from the substance of legal provisions, but also from the operational capacity of the enforcement system. For importing enterprises, especially those handling fresh food supply chains, this constitutes an operational risk that exists alongside legal compliance risks.

Practical Implications for Food Import Enterprises

For importing enterprises, particularly foreign-invested companies, the case of Decree No. 46 illustrates a typical compliance risk arising during periods of regulatory transition. This risk does not result from incorrect application of the law, but from the introduction and enforcement of regulations before the implementation framework is fully prepared.

In such circumstances, legal monitoring should extend beyond awareness of effective dates to include an assessment of implementation readiness, encompassing technical guidance, testing capacity, and the operational capability of relevant authorities. For enterprises engaged in cross-border food supply chains, developing contingency scenarios for policy-related risks is becoming an increasingly integral part of compliance management.

Lessons on a Flexible Approach to Food Safety Governance

From a regulatory perspective, the issuance of Resolution No. 09/2026/NQ-CP demonstrates a flexible approach that prioritizes practical feasibility and operational stability over rigid enforcement of regulations under unprepared conditions. This approach reflects a broader trend toward balancing regulatory objectives with the need to maintain stable production and business operations.

For enterprises, this case serves as an important reminder that legal compliance is not merely a matter of understanding statutory provisions, but an ongoing process of closely tracking policy developments, assessing systemic risks, and proactively adjusting operational strategies. During the 2025–2026 period, when multiple sectors are undergoing significant legal transitions, such an approach becomes particularly critical.

Conclusion

From Decree No. 46/2026/ND-CP to Resolution No. 09/2026/NQ-CP, the Government’s response illustrates how policy adjustments can be made when unforeseen risks emerge, in order to ensure stability in import activities, goods circulation, and food supply chains. For food import enterprises, especially those with foreign investment, this episode represents not merely an isolated legal event, but a valuable lesson in compliance risk management during periods of regulatory transition.

Where enterprises require an assessment of the impact of new food safety regulations on import operations, or a review of compliance risks arising from changes in policy and implementation practices, Green NRJ’s team can provide in-depth analysis based on the prevailing legal framework.