How much is the fine for advertising cosmetic products not yet obtaining the receiving number of the cosmetic product proclamation report in Vietnam?
- What is a cosmetic product proclamation report in Vietnam?
- Is it required to have the cosmetic product proclamation report when advertising cosmetics?
- How much is the fine for advertising cosmetic products not yet obtaining the receiving number of the cosmetic product proclamation report in Vietnam?
What is a cosmetic product proclamation report in Vietnam?
The cosmetic product proclamation report is explained in accordance with Clause 4, Article 2 of Circular No. 06/2011/TT-BYT as follows:
The receipt number of cosmetic product proclamation is a number issued by the competent state management agency, when receiving the cosmetic product announcement dossier. The announcement receipt number is useful in order to prove cosmetic product have been declared by organizations, individuals who are responsible for circulation products in market, just about cosmetic shall be circulated in market, are not value to certify that such product have been guaranteed of the safety, the effectiveness, and meeting all requirements of the ASEAN Cosmetic Association and the Annexes attached.
Thus, it can be understood that the cosmetic product proclamation report is a number issued by the competent state management agency, when receiving the cosmetic product announcement dossier and is useful in order to prove cosmetic product have been declared by organizations, individuals who are responsible for circulation products in market.
How much is the fine for advertising cosmetic products not yet obtaining the receiving number of the cosmetic product proclamation report in Vietnam?
Is it required to have the cosmetic product proclamation report when advertising cosmetics?
According to the provisions of Clause 4, Article 20 of the 2012 Law on Advertising in Vietnam as follows:
Advertising conditions
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4. The advertisements of special products, goods and services must satisfy the following conditions:
a) Having the unexpired Circulation license and the medicine instruction sheet approved by the Ministry of Health when advertising medicines allowed to be advertised as prescribed by law provisions on medicines;
b) Having the cosmetic product proclamation report as prescribed by law provisions on medicines when advertising cosmetics;
c) Having the circulation registration certificate issued by the Ministry of Health when advertising domestic and medical chemicals, pesticides and antiseptic;
d) When advertising milk and dietary products for small children not being specified in Clause 4 Article 7 of this Law, it is compulsory to have the standard certificate, food safety and hygiene certificate must be obtained regarding dietary products domestically produced, or the product quality certificate issued by the competent agency of the producing country, and the circulation license for imported dietary products.
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Thus, it is required to have the cosmetic product proclamation report when advertising cosmetics.
How much is the fine for advertising cosmetic products not yet obtaining the receiving number of the cosmetic product proclamation report in Vietnam?
Pursuant to Article 51 of Decree No. 38/2021/ND-CP (amended by Clause 14, Article 4 of Decree No. 129/2021/ND-CP) on violations against regulations regarding advertising for cosmetics as follows:
Violations against regulations regarding advertising for cosmetics
1. Imposing the fine ranging from VND 5,000,000 to VND 10,000,000 for the act of advertising cosmetics after receiving the acknowledgement of receipt by competent state authorities, but failing to notify this to competent state authorities at other localities where they wish to place their advertisements.
2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to clearly read out one of the following information: cosmetic name; cosmetic claims and other warnings according to regulations when advertising cosmetics on audio or video newspapers.
3. Imposing the fine ranging from VND 15,000,000 to VND 20,000,000 for one of the following violations:
a) Advertising cosmetics using contents inconsistent with one of the prescribed documents;
b) Advertising cosmetic products not yet obtaining the receiving number of the cosmetic product proclamation report or the receiving number of the expired cosmetic product proclamation report;
c) Advertising cosmetic products when lacking the following information: product name; main uses and functions of cosmetic product, except for those shown on the product name; name and address of the organization and individual responsible for bringing the product to market; legally prescribed precautions.
4. Imposing the fine of between VND 30,000,000 and VND 40,000,000 for the act of advertising cosmetic products to the extent that they are misunderstood as medicines.
5. Remedies:
a) Compelling ratification of false information with respect to the violations specified in point a and c of clause 3 and clause 4 of this Article;
b) Compelling the removal, demolition and deletion of advertisements or the recall of printed products and magazines containing advertisements with respect to the acts specified in clause 3 of this Article.
Thus, the individual who advertises cosmetic products not yet obtaining the receiving number of the cosmetic product proclamation report be fined from VND 15,000,000 to VND 20,000,000.
In addition, compelling the removal, demolition and deletion of advertisements or the recall of printed products and magazines containing advertisements.
Note: This fine is imposed on individuals, organizations will be fined twice as much as the fine imposed upon individuals.
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