Advertising is a necessary activity for businesses seeking to reach a wide audience with their products.To control and minimize indiscriminate advertising and untrue advertising content, the government has enacted Advertising Laws. Therefore, to advertise, businesses must register their advertisements.
– Decree No. 15/2018/NĐ-CP issued on February 2, 2018: Detailed regulations for implementing certain provisions of the Food Safety Law.
– Decree No. 181/2013/NĐ-CP issued on November 14, 2013: Detailed regulations for implementing certain provisions of the Advertising Law.
– Advertising Law (No. 47/VBHN-VPQH).
– Circular No. 09/2015/TT-BYT issued on May 25, 2015: Regulations on confirming advertising content for products, goods, and services, especially those under the management of the Ministry of Health.
– The product must have been granted a certificate of product declaration registration from the Department of Food Safety.
– Before advertising, the company with the advertised product must register the advertising content with the agency issuing the receipt to register the product announcement
– Product name: Health supplement + product name.
– Name and address of the company responsible for circulating the product in the market.
– Purpose and any unintended effects (if applicable).
– Mandatory disclaimer: “This product is not a drug and does not substitute for medicinal treatment.”
Note: Health supplement advertising must not create misconceptions that the product is a medicine. Advertising in print media and visual media must clearly convey the specified content.
(According to Article 27, Clause 4 of Decree No. 15/2018/NĐ-CP)
a) Application form confirming the desired advertising content for the product.
b) Product declaration registration certificate and the product declaration (authorized by the competent authority).
c) Product label template (approved by the authority responsible for product declaration).
d) In the case of advertising in print media and visual media, a script and the intended advertising content (recorded in video or audio media) must be provided. For advertising in other media, a sample of the intended advertising content (with confirmation from the company wishing to advertise the product) must be submitted.
– Market or script contains images such as trademarks, logos, certifications (GMP, ISO, etc.), submit documents proving the right to use those images as logos, trademarks, or certifications.
– Market or script includes advertising content beyond the functions and features of the product approved by the regulatory authority in the product declaration, scientific documentation proving the efficacy of those features is required.
– Documents in the advertising registration dossier must be presented in Vietnamese. If there are documents in a foreign language, they must be translated into Vietnamese and notarized.
Health supplement advertising registration
– Health Supplement advertising must not be presented in the form of articles by healthcare professionals, doctors, pharmacists, with content implying that the health supplement is used to treat diseases.
– Avoid using images, clothing, names, or letters of healthcare facilities, doctors, pharmacists, healthcare staff, or thank-you letters from patients to advertise the product.
– Do not use images, words, or writings of individuals without their consent (except where legally permitted).
– Advertising must not provide false information, causing confusion about the business capabilities, product supply, goods, services of the business entity (registered or announced products); about quantity, quality, price, efficacy, design, packaging, trademark, origin, type, warranty period of registered or announced products, goods, services.
– Avoid direct comparison in advertising regarding prices, quality, and effectiveness of the products, goods, or services of one’s own entity with those of another entity.
– Advertising content must not disclose state secrets, harm national independence, sovereignty, security, or defense.
Within 10 working days from the date of receiving a complete and valid application, the receiving agency is responsible for reviewing the application and providing results to the advertising applicant.
In case of issues, errors, or the need for amendments or supplements in the application, the receiving agency must provide a document specifying the reasons and legal basis for requesting the entity to make amendments or supplements. Within 10 working days from the date of receiving the amended or supplemented documents, the receiving agency will review the application and respond in writing to the advertising applicant.
For consultation on MEDGATE’s registration and import-export services, please contact us at the Hotline 098.546.1894 or send a message via our fan page for immediate assistance.
Please leave complete and accurate information, Medgate will contact you immediately within 24 hours for free consultation and answer your questions.
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