Vietnam: Requirements for approval of advertisement for healthcare services

LawNet would like to give you answer on this issue as following:

According to Circular No. 09/2015/TT-BYT, advertisement for healthcare services must meet these following requirements:

1. General requirements for advertisement

Pursuant to Article 4 Circular No. 09/2015/TT-BYT, general requirements for grant of approval for an advertisement content are prescribed as following:

- The advertisement content must conform to legal regulations on advertising and none of prohibited acts stipulated in Article 8 of the Law on Advertising is committed.

- Voices, wording and pictures used in an advertisement must be concise, common and conform to regulations laid down in Article 18 of the Law on Advertising. The smallest size of the font used in an advertisement content must be large enough to be read in a normal condition and is not smaller than the size proportional to the size of Vntime font or the 12-point size of Times New Roman font printed on the A4-size paper. 

2. Requirements for approval for contents of advertisements for health care services

In addition to the above mentioned general requirements, approval for contents of advertisements for health care services must met all requirements stipulated in Article 11 Circular No. 09/2015/TT-BYT:

- The license for medical operations, applicable to healthcare establishments;

- The certificate of medical practice, applicable to those required to achieve the practicing certificate by laws before being allowed to practise medical services;

- Advertisement contents must conform to regulations laid down in Article 9 of the Decree No. 181/2013/NĐ-CP;

- Applicants for approval for advertisement contents are those who sign their names on the license for medical operations, or those who have the legal standing to be authorized in writing by the legal holder of the license for medical operations.

Application for approval for contents of advertisements for health care services

Pursuant to Article 19 Circular No. 09/2015/TT-BYT:

- Documents stipulated in Article 13 hereof.

- The permit for advertising of healthcare services granted by the Minister of Health or the Director of the Department of Health to healthcare establishments, and the professional practices approved by the Minister of Health or the Director of the Department of Health.

- The Certificate of healthcare practice held by the medical practitioner licensed to advertise their services. This will apply if the law stipulates that the practice certificate is compulsory. 

Procedure for grant of the certificate of approval for advertisement contents

Pursuant to Article 20 Circular No. 09/2015/TT-BYT:

Step 1: Prepare documents stipulated in Article 19 Circular No. 09/2015/TT-BYT;

Step 2: Send by post or submit directly to the Department of Medical Service Administration

Step 3: 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 within 90 days;

Step 4: 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

Note 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. 

 Duc Dung

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