Food Safety Decree 15: What Changed for Food Sellers

Food safety decree 15 changes how food sellers in Vietnam prepare their paperwork. The Government signed Decree 15/2018/ND-CP on February 2, 2018. It explains how to apply the Law on Food Safety (55/2010/QH12). It replaces Decree 38/2012/ND-CP, the rulebook sellers have used for years.

The short version is this. Most products move to self-declaration. A smaller group of higher-risk products still needs a registered product declaration. Government checks shift toward inspecting after products reach the market. Sellers should read the new rules now and update their files.

What the decree is

A decree is a detailed rule issued by the Government. The Law on Food Safety sets the big principles. Decree 15 fills in the steps: who must register what, who may declare for themselves, and how officials check compliance.

The decree took the place of Decree 38/2012/ND-CP. If your company followed Decree 38, your procedures may now be out of date. Check each product against the new text before your next label or filing.

Source: Decree 15/2018/ND-CP of the Government, Government portal file, https://datafiles.chinhphu.vn/cpp/files/vbpq/2018/02/15.signed.pdf

Self-declaration for most products

The biggest change is that most food products can now be declared by the producer or importer. You publish a statement that the product meets the right standard. You keep the supporting papers, such as test results, ready for any inspector.

Before, many products needed an office to receive and confirm a file first. Now the seller carries more of the work. That means faster launches, but it also means the seller answers for every claim on the file.

• Write a clear product description and list its ingredients.
• Attach test results from a lab that can legally issue them.
• Keep copies of the label and the declaration together.
• Store the file where staff can find it in minutes.

Source: Decree 15/2018/ND-CP, provisions on product self-declaration, same Government portal file.

Products that still need registration

Some products carry more risk, so the decree keeps a filing step for them. Health supplements and foods meant for young children are the examples most sellers know. For these, you register a product declaration with the competent office before selling.

If you are unsure which group your product is in, read the product lists in the decree itself. Do not guess from a competitor's label. A wrong choice can mean a rejected file or a fine.

This is general information, not medical advice. Nothing here says what any food or supplement does for a person's health.

Source: Decree 15/2018/ND-CP, provisions on registration of the product declaration, same Government portal file.

Inspection after launch

The decree leans on checks after a product is on sale. Officials can review a seller's file, test samples and look at labels. They also work by risk, so higher-risk products can expect closer attention.

For sellers, the lesson is simple: your paperwork must be ready on any day, not just on filing day. A file that is complete, current and easy to read helps a check go quickly.

Imported food is covered too. Importers should confirm which checks apply to each shipment and keep import records with the product file.

Source: Decree 15/2018/ND-CP, provisions on state inspection of food safety, same Government portal file.

Premises and certificates

Food businesses also need to show that their premises meet safety conditions. The decree sets how a certificate of eligibility is issued and who needs one. It also names small-scale operations that may be exempt from the certificate, though they must still follow basic hygiene.

Check the dates on your own certificate and note when it must be renewed. Walk your kitchen or warehouse with the decree's conditions in hand and fix gaps before an inspector finds them.

Source: Decree 15/2018/ND-CP, provisions on eligibility certificates for food premises, same Government portal file.

A simple plan for food sellers

Start with a list of every product you sell. Next to each one, note whether it falls under self-declaration or registration. Then match each product to its test results, label and declaration.

Next, train the staff who handle paperwork. Show them where files live and who answers an inspector's questions. Finally, set a yearly review so changes in products or suppliers reach the file.

Sellers who act early will find the new system easier than the old one. Sellers who wait may find gaps at the worst time, during a check. Ask the competent office whenever the text is unclear, and keep a written record of the answer.

Sources

• Decree 15/2018/ND-CP of February 2, 2018, Government portal: https://datafiles.chinhphu.vn/cpp/files/vbpq/2018/02/15.signed.pdf
• Law on Food Safety 55/2010/QH12, as the base law the decree guides.