Are cosmetics advertising required to have cosmetics announcement sheets in Vietnam?

Are cosmetics advertising required to have cosmetics announcement sheets in Vietnam?

Clause 4, Article 20 of the Law on Advertising 2012 stipulates that 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 cosmetics announcement sheet 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.

dd) Having the food hygiene, safety and quality registration certificate when advertising food and food additives in the list of compulsory food quality safety and hygiene registration, or having the standard announcement dossier receipt from the competent State agency when advertising food and food additives in the list of compulsory standard announcement;

e) Having the practice qualification issued by the Health sector when advertising medical examination and treatment services;

g) Having the circulation license when advertising medical equipment domestically produced, or having the import license when advertising imported medical equipment;

h) Having the plant protection drugs registration certificate when advertising plant protection medicine or plant protection drug materials. Having the plant quarantine certificate issued by the Ministry of Agriculture and Rural development when advertising useful organisms for plant protection;

i) Having the circulation license and the product property summary sheet when advertising veterinary medicines and equipment;

k) Having the product quality certificate or the written product quality announcement when advertising fertilizers, biological preparations serving farming, animal feed and biological preparations serving breeding.

Thus, according to the above regulations in Vietnam, when advertising cosmetics, there must be a cosmetics announcement sheet in accordance with the law on health. 

When you accept a cosmetic advertisement for cosmetic company B, you must have a cosmetics announcement sheet, otherwise it will be against the law in Vietnam.

How much is fine for advertising cosmetic products not yet obtaining the receiving number of the form of announcement of the cosmetic product in Vietnam? 

According to Article 51 of Decree 38/2021/ND-CP as amended by Point a, Clause 14, Article 4 of Decree 129/2021/ND-CP, violations against regulations regarding advertising for cosmetics are as follows:

1. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong 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 15,000,000 dong to 20,000,000 dong 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 form of announcement of the cosmetic product or the receiving number of the form of announcement of the expired cosmetic product;

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 30,000,000 dong and 40,000,000 dong 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.

Pursuant to Clauses 2 and 3, Article 5 of Decree 38/2021/ND-CP stipulating fine levels:

2. The amounts of fine specified in Chapter II and Chapter III of this Decree are imposed on individuals while those specified in clause 1, point c clause 4, point a clause 5 and 6 of Article 6; point c, dd, e and g clause 4 of Article 8; clause 1, 2 and 3 of Article 9; Article 10; point a clause 2, clause 3, 5 and 6, point a, b, c and d clause 7 Article 14; clause 1, 2, 3, 4 and point b clause 5 Article 21; clause 1, 2, 3, 4 and point b clause 5 Article 23; clause 1 of Article 24; Article 30, 38, 39 and 40 of this Decree are applicable to organizations.

3. If an organization commits the same violation, the amount of fine imposed on that organization shall be 02 times greater than that imposed on an individual.

Therefore, if your company advertising cosmetics has not been granted a receipt number for the cosmetics announcement sheet, it will be fined from VND 30,000,000 to VND 40,000,000. In addition, force your company to remove, dismantle advertisements or the recall of printed products and magazines containing advertisements in Vietnam.

What are requirements for advertisement contents in Vietnam?

Article 19 of the Law on Advertising 2012 stipulates requirements for advertisement contents as follows:

1. Advertisement contents must be truthful, accurate and clear without causing damage to producers, traders and advertisement receivers.

2. The Government shall specify the requirements for the advertisement contents of special products, goods and services.

Thus, when advertising cosmetics in Vietnam, it is necessary to meet the content requirements as mentioned above.

Best Regards!