The Vietnamese National Assembly adopted Law No. 55/2010/QH12 on Food Safety on 17 June 2010 (Food Safety Law). The Food Safety Law stipulates the rights and obligations of food products manufacturers in relation to food safety, manufacturing conditions to ensure food safety, food business operations, importing and exporting food, food advertising, food labeling, and preventing breakdowns in food safety and properly handling breakdowns if they do occur.

In addition to the Food Safety Law, food products are regulated by:

• Decree No. 15/2018/ND-CP dated 2 February 2018 of the Government on Providing Detailed Regulations Regarding Some Provisions of Food Safety Law (Decree No. 15)

Regarding the use/addition of additives and processing aids in/to food products, the Food Safety Law generally states that manufacturers and traders are not allowed to use materials whose shelf life is passed, or are not listed as permitted to be used, or that exceed the allowable dosage.[1]

The term "food additives" is defined in the Food Safety Law as a substance with or without nutritional value, which is intentionally added to food in the process of production in order to retain or improve particular characteristics of the food.[2] The Vietnamese jurisdiction recognizes specific regulations regarding the use/addition of food additives in Circular No. 27/2012/TT-BYT of the Ministry of Health, dated 30 November 2012, on Guidance on the Management of Food Additives. This Circular, as amended by Circular No. 08/2015/TT-BYT, dated 11 May 2015, provides a list of permissible food additives in the production, processing and trade of foods, and the maximum limits on the amount of food additives in food products.

The term "processing aids" is defined in the Food Safety Law as a substance which is intentionally used in the processing of food materials or food ingredients in order to achieve a technological purpose and can be removed from or remains in the food. The regulations on the use as well as the allowable dosage of processing aids are detailed in Decision No. 46/2007/QD-BYT, dated 19 December 2007, and Circular No. 24/2013/TT-BYT of the Ministry of Health on "Regulation of maximum Level of Biological and Chemical Pollution in Food," dated 14 August 2013.

With respect to "functional foods," the Ministry of Health promulgated Circular No. 43/2014/TT-BYT (Circular No. 43) providing the definition of functional foods. Accordingly, functional foods consist of food supplements, health supplements and medical foods, including foods for special diets.

Vietnamese food legislation provides certain guidelines for the use/addition of vitamins, minerals and nutritive substances in/to food, or the maximum amount of those allowed for foods. In particular, the national technical regulations set forth certain requirements with regards to the amount of vitamins, minerals and nutritive substances, such as folic acid, Fe and zinc, which can be added to food. For functional food, health supplements and medical food, Circular No. 43 also sets out Recommended Nutrient Intakes (RNI), which govern the maximum amount that manufacturers may add to such foods.

In addition to the Food Safety Law, depending on product characteristics, some foods are subject to additional regulations. For example, wine and wine products are subject to the separate regulations under Decree No. 105/2017/ND-CP, dated 14 September 2017, of the Government on Trading of Wine.

 

[1] Food Safety Law, Article 5.3.

[2] Food Safety Law, Article 2.13.

The labeling regulations of Vietnam require the below information to be clearly stated on the label for food products:[1]

• name of the food;
• name and address of the organization or individual responsible for the food;
• origin of the food;
• quantity;
• date of manufacture and expiry date;
• ingredients or ingredient quantities;
• information about warnings (if any); and
• instructions for use and preservation.

In addition, depending on each type of packaged food, the label must also satisfy the specific requirements as required by law.

 

[1] Decree No. 43/2017/ND-CP, dated 14 April 2017, of the Government on Labeling of Goods, Article 10 and Annex I, Article 5, Joint Circular No. 34/2014/TTLT-BYT-BNNPTNT-BCT, dated 27 October 2014.

Nutritional value of food or its ingredients on labels of food products. Apart from the information disclosure requirement applied to health claims, manufacturers/importers are not required to provide nutrition information.

The individual or organization responsible for labeling the goods may determine the size of the label, including the size of the letters and figures expressed on the label, but must ensure the following requirements:[1]

• All the compulsory content under the law must be recorded.
• The size of letters and figures must enable them to be read with the naked eye, and they must also satisfy the following requirements:

(a) The size of letters and figures expressing a unit of measurement must comply with the provisions of the law on measurement.

(b) If the goods are foodstuffs, food additives or food processing aids, which are pre-packed, then the height of the letters for compulsory contents of the label must not be less than 1.2 mm. If the label is recorded on one side of the packaging (excluding the joining parts or margins), which is less than 80 cm², then the height of the letters must not be less than 0.9 mm.

The organization or individual responsible for the labeling of the goods must ensure that the colors of the letters, signs, numbers, drawings, images, marks, etc., present on the label are clear. In particular, the color in which the compulsory information is expressed must contrast with the background color of the label.[2]

All compulsory information must be expressed in Vietnamese. Vietnamese law does not require the translation of any optional information written in a foreign language.

Vietnamese law allows some contents to be presented in other Latin origin languages, including:[3]

• the international name or scientific name of a medicine for human use when the medicine does not have a corresponding Vietnamese name;
• the international name or scientific name enclosed with a chemical formula or composition formula of a chemical, chemical substance, adjuvant or ingredient of a medicine;
• the international name or scientific name of an ingredient and the quantity of the ingredient when such name cannot be translated into Vietnamese or when the Vietnamese translation is meaningless; and
• names and addresses of foreign enterprises involved in manufacture of the goods.

 

[1] Circular No. 43, Article 5.

[2] Circular No. 43, Article 6.

[3] Circular No. 43, Article 7.

The Food Safety Law requires that all packaged foods must include a statement on the package that identifies the country in which it was made or produced.

The manufacturer or importer of goods shall itself determine and record on the label the origin of its goods, ensuring truthfulness and accuracy and compliance with the law of Vietnam on origin of goods or in compliance with treaties in which Vietnam is a member or which Vietnam has signed. The method of recording the origin of goods is regulated as follows: record the words "Manufactured in" or "Produced in" or "Country of origin" or "Origin" or "Manufactured by" followed by the name of the country or territory where the goods were manufactured. The name of the country or territory where the goods were manufactured may not be abbreviated.[1]

Furthermore, the Law No. 59/2010/QH12 on Protection of Consumers' Rights (Protection of Consumers' Rights Law) adopted by the National Assembly on 17 November 2010 and the Product and Goods Quality Law prohibit traders from making false or misleading representations about the place of origin of goods.

The mandatory requirement for country of origin labeling also applies to all imported food.

 

[1] Circular No. 43, Article 15.

All genetically modified foods and ingredients intended for sale must be subjected to a safety evaluation by the Vietnam Ministry of Agriculture and Rural Development. Such GM foods must be granted a "Certificate of Genetically Modified Organisms Which Are Eligible For Use As Food" before being put in the Vietnamese market. This process generally takes a minimum of 8-10 months.[1]

The law requires that organizations and individuals circulating GM foods or foods containing genetically modified organisms at a rate greater than 5% of each component must, in addition to complying with the provisions of the law on labeling, also declare on the label specific information about the genetically modified organisms, except in the following cases:[2]

• The prepackaged GM food contains GM ingredients without discovery of the modified gene or products of the modified gene in the food.
• Fresh GM foods, unpackaged processed GM foods sold directly to consumers.
• GM foods serving recovery from a natural disaster or epidemic.

It is compulsory for the statement "genetically modified" to appear on the label of GM foods.[3]

 

[1] Decree No. 69/2010/ND-CP, dated 21 June 2010, of the Government on Biosafety for Genetically Modified Organisms, Genetic Specimens and Products of Genetically Modified Organisms, as amended by Decree No. 108/2011/ND-CP, Article 28.

[2] Decree No. 15, Article 10.

[3] Food Safety Law, Article 44.2.

Vietnamese law provides certain regulations addressing claims about the presence or absence of nutritional properties of a processed food, a food additive or a food processing aid under Joint Circular No. 34/2014/TTLT-BYT-BNNPTNT-BCT (Joint Circular No. 34), and for functional foods under Circular No. 43. In general, ingredients and the quantity of ingredients are amongst the compulsory contents which must be stated on the labels of food products.[1] Claims about the presence or absence of specific ingredients for the sole purpose of advertising are prohibited if the functionality of such ingredient is similar to that of other ingredients in the same group.[2]

Health Claims must be supported by scientific evidence. The following are regulations relating to nutrition content claims and health claims for certain types of food:

• For food supplements: Nutrition content/health claims must not apply to ingredients of which the content in the food is lower than the 10% RNI thresholds.[3]
• For health supplements: Nutrition content claims must not apply to ingredients of which the content in the food is lower than the 15% RNI thresholds. Health Claims must comply with scientific evidence. If the content of an ingredient is lower than the threshold stated in such scientific evidence, the manufacturers must not provide health claims for such ingredients.
• For medical food: Nutrition content/health claims apply to all nutritional ingredients on the basis of the RNIs on serving sizes.

 

[1] Decree No. 43, Article 10 and Annex I.

[2] Joint Circular No. 34, Article 11.4.

[3] The RNI thresholds are regulated under Circular No. 43.

It is compulsory under Vietnamese law to indicate safety warnings/instructions on the label of food products.¹⁶  Vietnamese law, however, is silent on how such warnings/instructions must be presented. For ingredients or substances in compound ingredients of "goods of special categories" which contain "preservatives" with a prescribed dosage and which are included on the list of those which may cause allergic reactions or be harmful to humans, animals and the environment, the names of such preservatives must be presented on the label. It is unclear which goods fall under the special categories.¹⁷

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16. Article 12.2 Decree No. 89/2006/ND-CP dated 30 August 2006 by the Government, Regarding Goods Label.

17. Article 19.3 Decree No. 89/2006/ND-CP dated 30 August 2006 by the Government, Regarding Goods Label.

Measurement markings shall follow international standards.¹⁸  For liquid food, measurement marking refers to the net volume. For solid food, measurement marking refers to the net weight. 

Both methods of measurement markings shall apply if the product consists of both characteristics.

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18.  Article 8, Joint Circular No. 34/2014/TTLT-BYT-BNNPTNT-BCT ("Joint Circular No. 34").

The Law No. 55/2010/QH12 on Food Safety requires that the following foods must be recalled: ¹⁹  

• Foods which are still marketed after their shelf life;
• Foods not conforming with relevant technical regulations;
• Foods that are new technological products not yet permitted for circulation;
• Foods which degenerate during the process of preservation, transportation or trading; and
• Foods containing substances which are banned from use or have contaminants in excess of the allowable limits.

Producers and traders of recalled foods must publish information about the recall and must pay all expenses for recalling and disposing of such recalled foods.

In some emergency cases, state authorities may directly recall and dispose of the unsafe foods and afterward request the traders or producers to reimburse the recall and disposal expenses.

Furthermore, under the Protection of Consumers' Rights Law, upon the detection of defective products, manufacturers/traders must promptly take all necessary measures to stop the supply of such detective products in the market. This includes recall of the defective products and the publication of information regarding the defective products in at least 5 consecutive issues of a daily newspaper or 5 consecutive days on the radio or television of the locality where such products are circulated. Additionally, if the defective products cause serious harm to the life or health of consumers, the traders/manufacturers must pay compensation to the consumers (even when they are not aware of or not at fault for such defects). 

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19.Article 55 of Law No. 55/2010/QH12 on Food Safety.

20. Article 3, Circular No. 17/2016/TT-BYT on recalls of unsafe foods under the management of the Ministry of Health.

Under the Protection of Consumers' Rights Law, upon the detection of defective products, including food products, manufacturers/traders must promptly take all necessary measures to stop the supply of such defective products in the market. Information must be published regarding the defective products in at least 5 consecutive issues of a daily newspaper or 5 consecutive days on the radio or television of the locality where such products are circulated.²⁰  The following content must be announced: 

• Description of the goods to be recalled;
• Reasons for the recall and warning of damage possibly caused by defects of such goods;
• Time, place and mode of recall;
• Time and mode of remedy of defects;
• Necessary measures to protect consumer rights during the recall;

After completing the product recall, a report on the results must be sent to the competent authorities, i.e., Vietnam Competition Authority.

Additionally, if the defective products cause serious harm to the life or health of consumers, even when they are not aware about or not at fault for such defects, the traders/manufacturers must pay compensation to the consumers.²¹ 

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20. Article 22, Law No. 59/2010/QH12 on Protection of Consumers' Rights.

21. Article 23, Law No. 59/2010/QH12 on Protection of Consumers' Rights.

 

Generally, all advertising activities in Vietnam are governed by Law No. 16/2012/QH13 on Advertising adopted by the National Assembly on 2 July 2012 ("Advertising Law"). This law also contains provisions on advertising special goods that may have an impact on human health.

Regarding the content of advertising, including advertising claims, the Advertising Law and other food legislation contains provisions which, in general terms, make it an offence to pack, label or advertise a food in a manner that is false, misleading or deceptive. The content must be truthful, accurate and clear without causing damage to producers, traders and advertisement recipients.

Furthermore, the following are prohibited: 

• Advertising which is untruthful or causes confusion regarding:

- the business competence or the ability to provide products, goods and services of organizations and individuals trading in such products, goods and services; 

- the quantity, quality, prices, utilities, designs, packages, brand names, origins, types, methods of service, and warranty duration of the products, goods and services as registered or announced; 

• Advertising using direct comparison of the prices, quality and efficiency of one's products, goods or services against those of another's products, goods or services of the same type; and 
• Advertising using the words "best", "only", "the best", "number one" or words with similar meaning but that are not supported with evidentiary documents as stipulated by the Ministry of Culture, Sports and Tourism.

In addition, the Product and Goods Quality Law and the Protection of Consumers' Rights Law contain a number of provisions that regulate advertising for food products, most notably:

• prohibition on traders/manufacturers from engaging in misleading or deceptive conduct, or conduct that is likely to mislead or deceive; 
• prohibition on traders/manufacturers from making certain false or misleading representations in connection with the supply or possible supply of goods or services; and
• prohibition on traders/manufacturers from engaging in conduct that is liable to mislead the public as to the nature, manufacturing process, characteristics, suitability for their purpose or the quantity of any goods.

The Vietnamese legislation on foods does not recognize any mandated regulatory system regarding credence claims.

Health rating schemes are not common in Vietnam. So far, the Vietnam government only applies rating schemes to certain products for energy-saving purposes.  A health rating scheme has not been introduced, and the Vietnam government has not established any plan to introduce health rating scheme for the time being.

- iron and zinc must be added in cooking flour; and

- vitamin A must be added in vegetable oils which contains soybean oil, palmtree oil, cabbage seed oil, or peanut oil (except vegetable oils used in food industry).