Approval for cosmetic advertisement content in Vietnam

In business, for products to be known to customers and reach consumers, advertising plays a very important role. According to the provisions of the Law on Advertising, cosmetic advertising is a form that requires a certificate of confirmation of advertising content before advertising. However, in reality, many customers have difficulty carrying out this procedure. To support customers, Viet An Law Firm would like to present the following article on procedures for granting approval for cosmetic advertisement content in Vietnam.

Legal basis

• Law on Advertising 2012, as amended and supplemented in 2018;
• Decree 181/2013/ND-CP guiding the Law on Advertising, as amended and supplemented from time to time.
• Circular 09/2015/TT-BYT of the Ministry of Health regulating the confirmation of advertising content for special products, goods, and services in the field of the Ministry of Health, amended and supplemented by Circular 25/2018/TT-BYT and Decree 96/2023/ND-CP.

Approval for cosmetic advertisement content in Vietnam

Approval for cosmetic advertisement content in Vietnam is understood as a certification document issued by a competent state agency to an organization or business regarding advertising content when they have a demand to advertise cosmetics in the Vietnam market.

The approval for cosmetic advertisement content records information about:

• Information about the organization and individual performing the advertising: name, address, phone.
• Information about cosmetics: product name, symbol number of cosmetic product proclamation card.
• Advertising media: In case of advertising on audio, visual, or print newspapers, clearly state the name of the newspaper expected to advertise; In case of advertising through seminars, conferences, or events, clearly state the time, and specific location expected to be held, and the presenter.
• Advertising content: According to the approved content (attached) of the organization/individual align with current regulations.
• Organizations/individuals are responsible for advertising the correct content that has been confirmed.

Conditions to approval for the cosmetic advertisement content

Pursuant to Article 6 of Circular 09/2015/TT-BYT, conditions for confirming cosmetic advertisement content include:

• Cosmetics must meet the advertising conditions specified in Point b, Clause 4, Article 20 of the Law on Advertising. Accordingly, cosmetic advertising must have a cosmetic product proclamation card according to the provisions of health law.
• Advertising content must comply with the following contents:
• Cosmetic advertisement content must be consistent with the cosmetic product proclamation report and documents proving the safety and effectiveness of cosmetics and comply with the instructions on declaring cosmetic products of international associations (if any).
• Cosmetic advertisements must have content such as cosmetic name; features and uses of cosmetics; name and address of the organization or individual responsible for bringing the product to market; and warnings prescribed by international agreements.
• Do not use images, costumes, names, letters, articles of medical units, facilities, doctors, pharmacists, or other medical staff;
• The features and uses of the product must be consistent with the nature of the product, product classification, and proclaimed features and uses according to the provisions of law.
• Have sufficient documents as prescribed in Article 15 of Circular 09/2015/TT-BYT.
• The unit requesting confirmation of advertising content is the unit named, or its representative office in Vietnam named on the product proclamation form, or the unit with legal status on the cosmetic product proclamation report.

Application for approval for cosmetic advertisement content

Pursuant to Article 15 of Circular 09/2015/TT-BYT, the dossier of approval for cosmetic advertisement content includes:

Procedures for approval for cosmetic advertisement content in Vietnam

Pursuant to Article 20 of Circular 09/2015/TT-BYT, the procedure for approving cosmetic advertisement content includes the following specific steps:

Step 1: Apply to the competent agency

Applicants submit documents to the Department of Health of provinces for cosmetics establishments whose names are on the cosmetic product proclamation report with headquarters located in; In case of advertising cosmetics through conferences, seminars, or events, the Department of Health of the province where the conference, seminar, or event is expected to be held shall approve for advertising content;

Step 2: Process documents and approval for the cosmetic advertisement content

• In case the application is valid: Within 10 working days from the date of receipt of a complete and valid application, the competent state agency shall approve the cosmetic advertisement content according to the form specified in Appendix 03 issued herewith. Circular 09/2015/TT-BYT. In case of not approving advertisement content, the competent state agency must respond in writing and clearly state the reason.
• In case the dossier is not valid: Within 05 working days from the date of receiving the dossier, the receiving agency shall send a written request to the unit to amend and supplement. The maximum time for the requesting unit to confirm the amended and supplemented advertising content according to the request is 90 days from the date of receipt of the written notification of amendments and supplements from the state agency.

Note:

• The agency receiving the dossier is responsible for publishing on its electronic portal the list of products, goods, and services under its jurisdiction that have been granted an approval document for advertising content, including expired approval documents.
• In case of advertising through seminars, conferences, and events, at least 2 days before advertising, individuals and organizations with special products and goods under the management of the Ministry of Health must have a written document notifying the form, time, and location of the advertisement, accompanied by a confirmation of the approved advertising content, advertising sample, or advertising script to the Department of Health where the advertising is held.

Services on consulting cosmetic advertisement of Viet An Law Firm.

• Consulting on conditions for approval of cosmetic advertisement content in Vietnam;
• Advise Procedures for confirming cosmetic advertisement content;
• Drafting dossier to confirm cosmetic advertisement content.
• Representing clients to carry out licensing procedures at competent state agencies;
• Consulting on legal issues related to the cosmetics business in Vietnam.

Clients who need advice on procedures for confirming cosmetic advertisement content, please contact Viet An Law Firm for the best support.