Vietnam: 04 conditions for being issued with the Certificate of advertisement contents

Specifically, according to Article 3 of Circular No. 40/2012/TT-BCT of the Ministry of Industry and Trade of Vietnam, conditions for being issued with the Certificate of advertisement contents, product names, composition, usages, instruction, preservation, warnings (if any) applicable to one or some groups of foods of wine, beer, soft drink, processed milk, vegetable oil, powder, starch products, and confectionery include:

1. The dossier of application is complete and valid.

2. Food products  are not in the list of products banned from advertising as prescribed by current law.

3. Food products satisfy the regulations on food safety conditions, or products of a producer/country of which the fulfillment of food safety requirements is certified by competent authorities of Vietnam as prescribed by current law.

4. The advertisement contents must be accurate and consistent with the quality. Food safety must be ensured as announced and registered.

Note: 03 rules for advertisement contents are specified as follows:

- An application for the Certificate of advertisement contents is used for one advertisement for one food product.

- An advertisement may be used on multiple advertising media (on mass media, on packages, fliers, posters, magazines, books, etc.).

- Advertisements issued with Certificates of food advertisement contents may be run nationwide.

Moreover, Article 5 of Circular No. 40/2012/TT-BCT also stipulates that an applicant for the Certificate of advertisement contents (hereinafter referred to as applicant) shall:

- Apply for the Certificate of advertisement contents as prescribed in Chapter II of this Circular.

- Take responsibility before law for the accuracy of the information provided and the registered food advertisement contents.

- Run advertisements consistently with the certified contents.

- Only run food advertisements while the Certificate of advertisement contents is still unexpired.

- Suspend the food advertisements that are found inappropriate during market inspection.

- Pay fees for the issuance of the Certificate of advertisement contents as prescribed by current law.

View more details at Circular No. 40/2012/TT-BCT of the Ministry of Industry and Trade of Vietnam, effective from February 03, 2013.

Le Vy

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