Unscheduled Inspections of Circulating Food Products

Unscheduled Inspections of Circulating Food Products is an essential measure to ensure safety, protect consumer health, and maintain order in production and trading. Simultaneously, it is a mechanism to control food quality, origins, and storage conditions. In the following article, Long Phan Consulting Company will outline the legal framework for unscheduled inspections of circulating food products.

In what circumstances are food products subject to unannounced inspections during circulation in the market?

According to the regulations in Clause 2, Article 30 of Decree 46/2026/ND-CP (effective from April 16, 2026), unscheduled inspections of products circulating on the market are conducted based on one of the following grounds:

1. Administrative Requirements: At the management request or proposal of competent agencies, organizations, or individuals regarding food products.
2. Detection of Violations: Upon discovering signs of non-compliance with food production and trading conditions, or during peak food safety inspection campaigns.
3. Food Safety Incidents: When a food safety incident occurs.
4. Public Reports: Information reported in any form by domestic and foreign organizations and individuals regarding signs of food safety violations.
5. Warnings: Information or warnings that products circulating on the market do not comply with stipulated food safety conditions.
6. Survey/Inspection Results: Results from surveying or inspecting the quality of circulating food products revealing non-compliant labeling or signs that quality does not match the declared applicable standards or corresponding technical regulations.

Unscheduled inspection activities led by the Food Safety Authority and the General Department of Market Surveillance place enterprises at risk of having their goods suspended from circulation across the entire distribution network. Business organizations are compelled to establish internal assessment mechanisms and perfect traceability records to eliminate administrative sanctions.

>>> See more: What to do when being inspected for food hygiene and safety?

What are the minimum procedures that must be followed during unannounced inspections of food products in circulation on the market?

Based on Clause 3, Article 30 of Decree 46/2026/ND-CP, the minimum contents that must be executed during unscheduled inspections of circulating food products include:

1. Conformity Check: Inspecting the product’s conformity against technical regulations, declared applicable standards, product labels, and accompanying documents.
2. Traceability: Checking product traceability according to regulations.
3. Safety & Quality Check: Inspecting other contents related to product quality and safety.
4. Sampling: During the inspection, if the product shows signs of failing to ensure quality and safety, samples will be taken according to regulations.
5. E-commerce Assessment: For food products traded via e-commerce, in addition to the above points, inspectors will verify the consistency between the information published on e-commerce platforms (as per e-commerce laws) and the actual inspected product.

On-site sampling operations and e-commerce data extraction strictly adhere to legal sealing procedures. Preparing customs documents, invoices, and health certificates forms the core explanatory basis to avoid penalty sanctions and product recalls.

State inspection methods for food safety

Based on Article 21 of Decree 46/2026/ND-CP, which stipulates the methods of state inspection of food safety for imported food, food additives, food processing aids, packaging, and utensils in direct contact with food, the following applies:

1. Strict inspection: conduct document checks, inspect the actual condition of goods, and take samples for testing of quality and food safety indicators according to the declared documentation and other indicators that do not meet standards or have warnings as stipulated in Clause 3, Article 22 of Decree 46/2026/ND-CP (if any).
2. Routine inspection: This involves checking documents, inspecting the physical condition of the goods, and taking samples for testing of selected food quality and safety indicators from the groups of indicators listed in the documentation.

Based on the nature of the product’s composition, quality history, transportation and storage process, import history of the consignor, origin of the product, and the quality management system currently applied, the state inspection agency selects food quality and safety indicators from the groups of food quality and safety indicators in the dossier.

3. Reduced inspection: This involves conducting a document review of imported goods.

>>> See more: Ensuring food safety in health supplement production

Long Phan Consulting Company provides consulting services on procedures for inspecting food products circulating in the market

Long Phan Consulting Company  provides professional consulting solutions to respond to unscheduled inspections of circulating food products. We structure our support into the following key areas:

• Conduct a full legal audit of all self-declared product documents and certificates of conformity registration.
• Establish internal traceability procedures and standardize the labeling and barcode system.
• We represent our clients directly in working with and explaining matters to the General Department of Market Management, the Economic Police, and specialized inspectorates.
• Drafting petitions and complaints against administrative penalty decisions and decisions to recall goods.

>>> See more: State Inspection of Imported Salt Guide

Frequently Asked Questions Regarding unscheduled inspections of circulating food products in the Market

Below are some questions related to unscheduled inspections of circulating food products in the market:

On what basis does a government agency initiate unannounced surveillance procedures on consumer goods? 

The initiation of unannounced inspections is based on requests from state management agencies or written requests from competent authorities, organizations, or individuals regarding food products. This mechanism aims to ensure timeliness in monitoring the legal compliance of production and business establishments when there are signs of risk. Customers should note that they need to establish a synchronized legal document storage system to be ready to present documents immediately upon request from specialized inspection teams.

Legal basis: Point a, Clause 2, Article 30 of Decree 46/2026/ND-CP.

In what situations do authorities use the method of collecting samples at the scene? 

On-site sampling and testing are implemented immediately upon the inspection team discovering any physical or sensory signs indicating that the product does not meet quality and biosafety standards. The sample collection process strictly adheres to the procedure for sealing evidence, facilitating independent analysis at accredited analytical centers. The results of this analysis will constitute the core legal basis for the regulatory authority to decide on administrative sanctions against your establishment.

Legal basis: Point d, Clause 3, Article 30 of Decree 46/2026/ND-CP.

When do customs authorities impose strict inspection procedures on imported shipments? 

Customs authorities will conduct strict inspections of imported goods falling under any of the following cases:

• Failed to meet import requirements in the previous inspection;
• There are conclusions from inspection and audit teams (if any) that food quality and safety standards have not been met;
• There are warnings from the Ministry of Health, the Ministry of Agriculture and Environment, the Ministry of Industry and Trade, the People’s Committee of the province, or from competent authorities in foreign countries or from the manufacturer.

Legal basis: Clause 3, Article 22 of Decree 46/2026/ND-CP.

What administrative procedures are included in the standard inspection regime applied to imported goods? 

Routine inspections include document checks, physical inspections of goods, and sampling for quality and food safety testing of selected quality and food safety indicators from the documentation. This process requires your management system to maintain absolute consistency between the actual goods and the submitted technical documents.

Legal basis: Clause 2, Article 21 of Decree 46/2026/ND-CP.

How are the reduced inspection mechanisms for imported goods being implemented by the authorities? 

Reduced inspection is the process of examining the documentation for imported goods. Reduced inspection applies to goods falling under one of the following cases:

• The goods have been certified as meeting food safety requirements by competent authorities or organizations of countries that have signed international treaties on mutual recognition in food safety inspection activities to which Vietnam is a member; and the inspection results from competent authorities of the exporting country for the consignment or item comply with Vietnamese law.
• There is a Notice from the state inspection agency changing the inspection method of the item from normal inspection to reduced inspection; the item is subject to reduced inspection for a maximum period of 12 months from the date the state inspection agency issues the Notice changing the inspection method of the item from normal inspection to reduced inspection (except for cases stipulated in point a, clause 1, Article 22 of Decree 46/2026/ND-CP).

Legal basis: Clause 1, Article 22 of Decree 46/2026/ND-CP.

Conclusion

Enterprises must ready their documentation systems to meet technical standards during unscheduled inspections of circulating food products. Complying with regulations ensures supply chain continuity and eliminates the risk of operation suspension.

For legal advice on state food safety inspection methods for imported food, please contact Long Phan Consulting Company via Hotline 1900636389.