Authority to issue certificate of approval for advertisement contents under the management of the Ministry of Health of Vietnam from November 28, 2024

Authority to issue certificate of approval for advertisement contents under the management of the Ministry of Health of Vietnam from November 28, 2024 (Image from the internet)

On October 14, 2024, the Minister of Health of Vietnam issued Circular 20/2024/TT-BYT amending and supplementing certain provisions of Circular 09/2015/TT-BYT regarding the certificate of approval for advertisement contents for special products, goods, and services under the management of the Ministry of Health of Vietnam.

Authority to issue certificate of approval for advertisement contents under the management of the Ministry of Health of Vietnam from November 28, 2024

Article 1 of Circular 20/2024/TT-BYT amends and supplements Article 12 of Circular 09/2015/TT-BYT (amended, supplemented by Circular 25/2018/TT-BYT and Decree 96/2023/ND-CP) regulating the authority to issue certificate of approval for advertisement contents within the management area of the Ministry of Health of Vietnam as follows:

- Organizations under the Ministry of Health of Vietnam authorized to issue certificate of approval for advertisement contents:

+ The Drug Administration Department shall issue certificate of approval for advertisement contents for drugs as specified in Clause 1, Article 1 Circular 20/2024/TT-BYT;

+ The Department of Medical Services Administration shall issue certificate of approval for advertisement contents for medical examination and treatment services using modern medical methods from medical examination and treatment establishments licensed and approved for technical professional catalog by the Minister of Health;

+ The Department of Traditional Medicine Administration shall issue certificate of approval for advertisement contents for medical examination and treatment services using traditional medical methods from medical examination and treatment establishments licensed and approved for technical professional catalog by the Minister of Health;

+ The Department of Medical Equipment and Works shall issue certificate of approval for advertisement contents for medical devices (signed on behalf of the Minister of Health).

- The Department of Health of the province or centrally-run city issues certificate of approval for advertisement contents for:

+ Cosmetics from establishments named on the cosmetic product declaration form with headquarters located within the management area of the Department of Health; in case of cosmetic advertising through conferences, seminars, and events, the Department of Health of the province or centrally-run city where the event is expected to take place shall issue certificate of approval for advertisement contents;

+ Medical examination and treatment services from medical examination and treatment establishments licensed by the Director of the Department of Health and approved for technical professional catalog;

+ Chemicals and disinfectant preparations used in households and medical settings from units requesting certificate of approval for advertisement contents with headquarters located within the management area of the Department of Health.

Transitional Provisions

Article 3 of Circular 20/2024/TT-BYT provides as follows:

- Organizations or individuals previously issued certificate of approval for advertisement contents for chemicals and disinfectant preparations used in households and medical settings before November 28, 2024, may continue to advertise in compliance with the regulations.

- Organizations or individuals who submitted applications for certificate of approval for advertisement contents for chemicals and disinfectant preparations used in households and medical settings before November 28, 2024, shall proceed according to the regulations of Circular 09/2015/TT-BYT.

- The re-issuance of confirmation for advertising content of chemicals and disinfectant preparations used in households and medical settings, previously issued by the Environmental Health Management Department - Ministry of Health before November 28, 2024, shall be conducted as follows:

+ In cases where the re-issuance of confirmation for advertising content of chemicals and disinfectant preparations used in households and medical settings is due to loss or damage as stipulated in Clause 1, Article 21 of Circular 09/2015/TT-BYT, the entity named on the confirmation or the authorized entity performs re-issuance at the Environmental Health Management Department - Ministry of Health;

+ In cases where re-issuance is stipulated in Clauses 2, 3, and 4, Article 21 of Circular 09/2015/TT-BYT, the entity named on the confirmation or the authorized entity performs re-issuance at the Department of Health of the province or centrally-run city where the main office of the named entity is located;

+ Procedures for re-issuance of certificate of approval for advertisement contents for chemicals and disinfectant preparations used in households and medical settings are carried out according to the regulations in Article 21 of Circular 09/2015/TT-BYT.

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