Procedures for obtaining cosmetic advertising license

What is a Cosmetic Advertising License?

• Cosmetic advertising is the promotional activity to introduce cosmetic products with the aim of boosting the production, sale, and use of cosmetics.
• The Cosmetic Advertising License is a certificate issued by the competent authority confirming the content and media through which a business is allowed to advertise cosmetic products.

Relevant Legal Basis/Documents

– Circular 06/2011/TT-BYT issued on 25-01-2011: Regulations on cosmetic management.

– Decree 181/2013/ND-CP issued on 14-11-2013: Detailed regulations on the implementation of some provisions of the Advertising Law.

– Advertising Law (No. 47/VBHN-VPQH).

– Circular 09/2015/TT-BYT issued on 25-05-2015: Regulations on confirming advertising content for products, goods, and services, especially those under the management of the Ministry of Health.

Documents for Obtaining Cosmetic Advertising License

a) Cosmetic Advertising Registration Form.

b) Copy of the issued Cosmetic Announcement Certificate by the competent authority.

c) Business registration certificate of the entity or organization applying for the advertising license.

d) Letter of Authorization (LOA) from the entity announcing the cosmetic product to the entity or organization applying for advertising registration (when the entity registering the cosmetic product advertisement is not the one that announced the cosmetic product).

e) In case the advertised features or functions are beyond the approved content by the competent authority, additional documents proving those features or functions are required.

f) 02 advertising scripts (clearly describing the visual, verbal, and musical aspects intended for advertising) or 02 planned advertising samples (applicable for cosmetic advertising registration).

Contents of Cosmetic Advertising

a) Name of the cosmetics.

b) Features and functions of the cosmetics

c) Name and address of the entity responsible for introducing the product to the market.

d) Warnings as per the regulations of international agreements.

Authority for Receiving and Processing Cosmetic Advertising License Applications

– Before conducting advertising, the entity must submit a complete set of documents according to current regulations to the Department of Health. The application should clearly state “Cosmetic Advertising License Application.”

– Provincial and municipal Departments of Health are responsible for receiving and processing cosmetic advertising license applications.

Penalties for Not Obtaining a License

1. A fine of 10 million to 15 million VND for unclear presentation of any of the following information: the name of the cosmetic; the name and address of the entity responsible for introducing the product to the market; and the required warnings.

2. A fine of 15 million to 20 million VND for any of the following violations:

– Advertising features or functions that do not match the approved features or functions.

– Advertising cosmetic products without a Cosmetic Announcement Certificate or advertising products with an expired announcement certificate without re-announcement.

– Cosmetic advertising missing one of the following: the name of the cosmetic; the main features and functions of the cosmetic product; the name and address of the entity responsible for introducing the product to the market; and warnings as per the regulations of international associations.

3. A fine of 30 million to 40 million VND for advertising cosmetics with effects similar to pharmaceuticals

To receive consultation on documentation services and registration procedures of cosmetics, please contact Hotline: 098.546.1894