The Government issued Decree 129/2021/ND-CP amending and supplementing a number of articles of Decree 38/2021/ND-CP stipulating penalties for administrative violations in the fields of culture and advertising.
Article table of contents
Cosmetic ads with inappropriate content will be fined up to 20 million VND (Artwork)
Accordingly, amending and supplementing Point a, Clause 3, Article 51 of Decree 38/2021 on fines for cosmetic advertising violations as follows:
A fine of between VND 15-20 million for the act of advertising cosmetics with content inconsistent with one of the prescribed documents.
(Previously, this fine was applied to the act of advertising cosmetics with effects inconsistent with the cosmetic product feature announcement).
In addition, to amend and supplement Clause 2, Article 51 of Decree 38/2021 as follows:
A fine of between 10 and 15 million dong shall be imposed for failing to read clearly one of the following information: Name of cosmetic; Features and uses of cosmetics and warnings according to regulations when advertising in audio and video newspapers.
(Compared to before, the new regulation has removed the information "name and address of the organization or individual responsible for bringing the product to market", and added "features and uses of cosmetics"). .
In addition, Decree 129/2021/ND-CP also amends and supplements regulations on violations of advertising for food and food additives, specifically:
- A fine of between 5 and 10 million dong for acts of advertising health-protecting foods without or incorrectly stating or not clearly reading or showing the warning "This food is not a medicine and There is no substitute for medicine.”
- A fine ranging from VND 10 to 15 million shall be imposed for advertising food or food additives lacking one of the following contents: Name of food or food additive; warning about risks, warning objects not to use according to one of the regulatory documents for functional foods; name and address of the organization or individual responsible for bringing the product to market.
(Compared to before, the content "main and side effects for functional foods" has been removed, and at the same time, the content "recommendations on risks, warning subjects should not be used according to one of the documents are added. regulations for functional foods”).
| - The statute of limitations for sanctioning administrative violations in the field of culture and advertising is 01 year. - The time to calculate the statute of limitations for sanctioning administrative violations in the field of culture and advertising is prescribed as follows: + For ongoing administrative violations, the statute of limitations is counted from the time the person competent to perform official duties detects the violation; + For an administrative violation that has ended, the statute of limitations is counted from the time of termination of the violation; + In case of sanctioning an administrative violation against an organization or individual who is transferred by a person competent to make administrative violation records, the statute of limitations for sanctioning shall be applied according to the above provisions up to the time of issuance of the decision on administrative violation. administrative fines. |
Decree 129/2021/ND-CP takes effect from January 1, 2022.
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