A dried-mango shipment to the EU is flagged on RASFF for excessive preservative residues. The whole lot is recalled, the importer claims damages, and the company name enters a warning database every European buyer checks. One food-safety incident can slam shut a market door that took years to open.
Facility food-safety conditions: the legal foundation
The Food Safety Law 55/2010/QH12 and Decree 46/2026/ND-CP (replacing Decree 15/2018/ND-CP from 26 January 2026) detail conditions for food production and processing establishments: location, cross-contamination-proof layout, water supply and drainage, waste management, pest control, and health/hygiene of direct handlers. Export processors must additionally meet destination-market requirements — usually stricter than domestic rules. One transition point matters in practice: application of Decree 46/2026/ND-CP is suspended under Resolution 15/2026/NQ-CP (6 April 2026) until the amended Food Safety Law takes effect — during the suspension, facility conditions and product-declaration procedures continue under Decree 15/2018/ND-CP.
In practice, many “domestically compliant” plants fail EU/US/Japanese buyer audits, because those markets demand a genuinely operating food-safety management system (verified HACCP), not a handsome dossier on a shelf.
GMP and HACCP: from paperwork to operation
Good Manufacturing Practice (GMP) and Hazard Analysis and Critical Control Points (HACCP) are the two pillars. Where Vietnamese firms often stumble: complete HACCP documentation that is not operated — CCP logs filled in afterwards, for show; when auditors cross-check logs against actual production and find contradictions, the whole system is judged formalistic.
Practical advice: each CCP needs a named responsible person, calibrated measuring equipment, and real-time recording. These same records are the legal shield when complaints or import-market alerts arise.
Export files: prepare before incidents
- Lot traceability: from inputs (growing areas, suppliers) to finished goods — when alerts hit, the affected scope must be identified in hours, not weeks.
- Test results: pesticide residues, microbiology and preservatives per destination standards, by accredited labs.
- Recall plan: EU/US markets require producers to have product-recall procedures for unsafe findings — without one, exporters are judged unready.
- Product-liability insurance: the financial tool covering recall and destruction compensation — small cost versus one RASFF case.
Frequently Asked Questions
1. Is a domestic food-safety certificate enough for export?
Not enough. The domestic certificate is necessary; import markets have their own requirements (HACCP/BRC/IFS certification, inspections by the importing authority). Businesses must satisfy both layers.
2. Does a RASFF alert mean an export ban?
A single alert is not a ban, but it raises inspection frequency for subsequent lots and hurts buyer confidence. Repeated alerts on the same hazard can trigger reinforced controls or even temporary import suspension for the product from that company or country.
3. In toll manufacturing, who bears food-safety liability?
Both. The brand owner answers for products under its brand; the toll manufacturer answers for production conditions. The tolling contract must clearly allocate food-safety duties, audit rights and incident liability.
This article has been quality-reviewed by the FLAW AI Legal Council