On 23 January 2026, the Government promulgated Decree No. 37/2026/ND-CP detailing a number of provisions and measures for the implementation of the Law on Product and Goods Quality (“Decree 37”). Decree 37 will take effect from 1 July 2026. Its key highlights are summarized as follows:
Risk-Based Product and Goods Quality Management
Under previous regulations, products and goods were classified into 02 groups: (i) goods not capable of causing safety risks; and (ii) goods potentially capable of causing harm to human health, animals, plants, and the environment.
Under Decree 37, products and goods are classified into 03 risk levels in terms of their impact on human health, animals, plants, and the environment, namely: low risk, medium risk, and high risk.
The risk level of goods is determined based on an assessment of factors such as: (i) the severity of impact; (ii) the ability to control, mitigate, or eliminate hazards in practice and the capacity for recovery after impact; (iii) the scale of impact; and (iv) the frequency of occurrence during actual use. The determination of these factors must be grounded in scientific evidence and practical data, as well as the regulatory capacity and management requirements of competent state authorities from time to time.
For this purpose, Decree 37 also sets out detailed technical criteria and scoring methodologies for assessing the risk levels of products and goods. The lists of products and goods classified as medium-risk and high-risk (together with their corresponding HS codes under the Import and Export Tariff Schedule) will be issued by the relevant regulatory authorities in the near future, with an implementation roadmap commencing from 1 July 2026.
The risk-based classification of goods serves as the basis for determining which information must be displayed on physical labels and which information may be integrated into electronic labels. Simultaneously, the shift to risk-based classification of goods means that regulatory and labeling obligations will no longer apply uniformly but will instead vary depending on the risk level of each product. This may directly affect both the scope of information required to be disclosed and the corresponding management approach.
Introduction of Extensive New Labelling Requirements
Decree 37 expands labeling obligations in the context of e-commerce. Sellers are required to publicly disclose complete label information when trading on digital platforms (except for certain batch-specific details such as date of manufacture or batch number). E-commerce platform operators are required to ensure transparent display of information and to facilitate connectivity with state management data systems where necessary.
In addition, whereas previous regulations focused primarily on physical labels, Decree 37 introduces a legal framework for electronic labeling. Certain mandatory information may now be presented through QR codes, RFID technology, or other electronic data carriers, rather than being limited to traditional physical labels. The formal recognition of electronic labels enables enterprises to digitalize product information, while also facilitating traceability and integration with state management databases.
Furthermore, Decree 37 revises the rules on label placement in a more practical manner. Labels must be affixed in a location that is easily visible and allows all required information to be read without disassembling product components. Mandatory labeling content is not required to be concentrated in a single location, provided that it remains complete and readily identifiable. This approach affords enterprises greater flexibility in packaging design, while simultaneously imposing higher standards regarding information visibility and accessibility.
The recognition of electronic labeling and the expansion of labeling requirements to the e-commerce environment indicate that product information is no longer managed through a single format (i.e., physical labels), but must instead be administered concurrently across multiple interfaces (including physical labels, electronic labels, and e-commerce platforms). This not only requires enterprises to ensure the accessibility and proper display of information in practice, but also to maintain the completeness and consistency of such information across all formats.
In addition, the more flexible rules on label placement and presentation provide enterprises with greater flexibility in packaging design, while at the same time imposing higher requirements in terms of visibility and accessibility of information, particularly where content is presented in a dispersed manner or integrated through electronic means.
Application of Technology Platforms in Quality Management and Traceability
Decree 37 introduces specific provisions on the development and implementation of technology platforms to support product and goods quality management.
With respect to digital applications in data collection, storage and sharing, Decree 37 encourages manufacturers and traders to adopt coding systems in various forms, including one-dimensional barcodes, two-dimensional codes (QR codes, DataMatrix), radio-frequency identification (RFID), near-field communication (NFC), and other appropriate technological solutions.
Priority is also given to integrating advanced technologies such as Artificial Intelligence (AI), Big Data, and the Internet of Things (IoT) to ensure seamless data collection, management, storage and sharing throughout the entire supply chain.
Decree 37 further encourages the use of barcodes and identification codes for quality management and product traceability. Traceability systems implemented by organizations and individuals must ensure full traceability of the entire formation and circulation process of products in accordance with applicable national, international, regional, foreign or corporate standards, consistent with the law on standards and technical regulations.
Such systems must be declared as conforming to applicable standards; where a corresponding national technical regulation exists, a declaration of conformity must be made in accordance with regulations.
Minimum traceability data required within the system include: Product name and image; Name and address of the manufacturing/trading organization or individual; Origin; Brand/trademark; Batch number, lot number or serial number (if any); Expiry date (if any).
The Ministry of Science and Technology is the unified authority responsible for nationwide traceability management, including: promulgating and publishing standards and technical regulations; ensuring data connectivity and sharing systems; operating, maintaining and upgrading the National Product and Goods Traceability Portal and the national platform for identification, authentication and traceability; and managing traceability codes and data carriers.
Provincial-level People’s Committees are responsible for organizing and coordinating traceability inspections within their localities in collaboration with relevant ministries and agencies.
The above changes introduced under Decree 37 reflect a broader shift in the approach to managing product and goods quality, thereby giving rise to significant implications for enterprises’ compliance obligations and operational activities. Specifically:
In the short term, enterprises may incur increased costs associated with reviewing product classification systems, adjusting label and packaging designs, and investing in technological infrastructure to support electronic labeling and product traceability. At the same time, ensuring consistency and completeness of product information across multiple forms of presentation will also increase internal governance and compliance requirements.
Nevertheless, in the long term, the adoption of electronic labeling and traceability systems may enable enterprises to optimize product management, enhance transparency, and thereby improve market trust and support business operations, particularly in the digital environment.
Accordingly, ALIAT recommends that enterprises focus on the following:
- Proactively monitor, update and review product lists by risk classification once guidance from competent authorities is issued;
- Review labelling practices, including electronic labels and e-commerce disclosures, to: (a) ensuring that product labels are placed in a position that is easily visible and allow all mandatory information to be fully readable without the need to disassemble the product; (b) ensuring the visibility and completeness of mandatory information, including where such information is presented in a dispersed manner; and (c) ensuring consistency and alignment between physical labels, electronic labels, and information disclosed on e-commerce platforms;
- proactively reviewing and classifying goods and packaging in accordance with the transitional provisions of Decree 37, whereby: (a) for product labels and packaging printed prior to 01 July 2026, a plan should be developed for their continued use or replacement within a maximum period of two (02) years from 01 July 2026; and (b) for goods that have been manufactured, imported, or already placed into circulation prior to this date, such goods may continue to be circulated until their expiry date.
Reviewing and assessing the necessity of upgrading technical infrastructure to support the implementation of electronic labeling and product traceability, including product coding systems, data storage and management systems, as well as the capability to connect and share information with relevant governmental data management platforms.
