On 18 July 2025, the Ministry of Health (“MoH”) released the second draft of the Amended Law on Food Safety (“Draft Law”). This draft marks the first major overhaul since the 2010 Law on Food Safety (“2010 Law”) and reflects the Government of Vietnam’s effort to address enforcement gaps, strengthen consumer protection, and align with international practices.

The Draft Law introduces stricter prohibitions, tougher responsibilities for registration holders, clearer procedures, and a new risk-based management system – all of which will have practical implications for food producers, distributors, and importers in Vietnam.

Key Highlights

1. Expansion of prohibited activities

Article 5 of the Draft Law broadens the list of prohibited acts, targeting false or misleading food advertising, undisclosed sponsorships in nutrition marketing, and the concealment of buyer information or traceability data in e-commerce sales. These provisions signal tighter control of online sales and influencer marketing. But they also show an intent to mitigate privacy risks.

2. New rights and obligations for product registration holders

Entities named on product registration certificates or self-declarations will bear full legal liability for safety, quality, intellectual property compliance, and timely reporting of recalls. Authorities may revoke registration rights for breaches – raising the stakes for compliance.

3. Stricter conditions for specific product categories

The Draft Law sets detailed requirements for certain product categories and treatment methods such as fresh food of animal origin (veterinary hygiene certification), GM foods (biosafety compliance), irradiated foods (approved lists only), fortified foods (nutrient limits), additives (approved list), and imports (mandatory inspection notices).

4. Clearer registration and revocation procedures

Articles 15 and 16 of the Draft Law establish structured processes for registration, renewal, amendment, and revocation of product registration certificates. Grounds for revocation include falsified dossiers, safety risks, IP infringements, unregistered facilities, and foreign recalls – introducing sharper regulatory teeth.

5. MoH empowered to enhance the labelling framework

All food must follow general labelling laws, but the MoH is empowered to issue detailed rules on nutrition warnings, usage instructions, and other mandatory information. Requirements may evolve to reflect new health priorities or international standards – an area business should monitor closely.

6. Risk-based classification and management

Article 32 of the Draft Law introduces a risk-based approach, under which high-risk products and facilities will face more rigorous oversight, while compliant low-risk operators may enjoy streamlined procedures. This aims to optimise regulatory resources and encourage compliance.

Looking Ahead

The Draft Law is expected to be tabled at the 10th session of the 15th National Assembly in late 2025. If adopted, it will reshape Vietnam’s food safety framework – affecting everything from advertising and e-commerce to registration, certification, and labelling. By leveraging the Draft Law’s clearer framework for product registration and labelling, stakeholders can strategically prepare for increased regulatory enforcement and successfully navigate Vietnam’s evolving food safety landscape.

Understanding Vietnam’s evolving regulatory environment requires specialized expertise. Should you require further information or detailed legal assistance regarding the implications of the Draft Law, please contact DFDL.

The information provided here is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.

Key Contact

Phong Anh Hoang, Partner, Vietnam