Vietnam: Guidance on order and procedure for grant of the certificate of approval for advertisement contents

According to Circular No. 09/2015/TT-BYT of the Ministry of Health of Vietnam, order and procedure for grant of the certificate of approval for advertisement contents are guided as follows:

- The applicant for approval for advertisement contents shall submit the application to the competent authority as stipulated in Article 12 hereof (hereinafter referred to as the receiving authority).

- If the application is not valid, within a permitted period of 05 working days from receipt of such application based on the date stamp affixed to incoming documents at the receiving authority, the receiving authority shall send a request to the applicant for correction or improvement of this application. The maximum period allowed for the applicant to correct or improve their application is 90 days from receipt of the written notification from the receiving authority. After this period, the application for approval for advertisement contents shall be annulled.

- Within 10 working days from receipt of all necessary documents based on the date stamp affixed to incoming documents, the competent authority shall issue the Certificate of approval for advertisement content by completing the form recommended in the Appendix 03 enclosed herewith. In case of refusing to issue the Certificate of approval for advertisement contents, the competent authority shall respond to the applicant to clearly state the reasons for such refusal.

- The receiving authority shall be responsible for posting the list of products, commodities and services within their jurisdiction for which the certificate of approval for advertisement contents have been issued, or the certificate of approval for advertisement contents ends its validity on their electronic information portal.

- As for advertising in the form of seminars, conferences or events:

+ At least 02 working days prior to commencement of advertising activities, organizations or individuals that have products, commodities or services under the authority of the Ministry of Health and have obtained the Certificate of approval for advertisement contents from the regulatory agencies affiliated to the Ministry of Health in terms of advertising carried out in the form of seminars, conferences or events must send a written notification of the advertising form, time and location along with the duplicate of the certificate of approval for advertisement contents, sample advertisements or layouts approved by the Department of Health of the place where advertising activities take place in order for them to carry out their inspection and examination whenever necessary;

+ In case there is any change made to the location, time of seminars, conferences or events in comparison with the contents specified on the Certificate of approval for advertisement contents, these organizations or individuals must notify the Department of Health located at the area where these events are held at least 02 working days prior to commencement of advertising activities.

- Procedures for applying for grant of approval for advertisement contents must be repeated from the first steps under the following circumstances:

+ The applicant for approval for advertisement contents that corrects or improves their application upon the written request for improvement or correction of this application sent by the receiving authority;

+ The applicant for approval for advertisement contents that fail to correct or improve their application by the deadline as stipulated in Clause 2 of this Article.

- Any organization or individual committing violations against the law on advertising shall be subjected to the competent authority’s refusal to continue to receive their application for approval for advertisement contents until the decision on sanction against such violations has been granted and the violating organization or individual has managed to take action according to this decision.

View more details at Circular No. 09/2015/TT-BYT of the Ministry of Vietnam, effective from July 16, 2015.

Le Hai

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