Recently, LSX legal firm has received a question from our customer: “I just opened a cosmetic company and would like to advertise the company’s products. Do I have to obtain a certificate to do that? How does the law regulate cosmetic advertising certificates?”
To answer the question, in this article we will provide you with: “Certificate to advertise cosmetics under Vietnamese legislation”
Legal grounds
- Law on Advertising 2012
- Decree 181/2013/ND-CP
Certificate to advertise cosmetic products
The cosmetic advertising certificate issued by the Department of Health to an enterprise applying for certification of advertising content for cosmetics. When having this certificate, enterprises can carry out advertisements in accordance with the law.
According to the provisions of the Law on Advertising and guiding documents, the advertising of cosmetic products requires a certificate for advertising content. Businesses can only advertise cosmetic products when licensed by the licensing agency to advertise cosmetics.
Thus, cosmetic advertising means a type of conditional advertising and censored by the licensing agency before advertising.
Where to apply for a certificate to advertise cosmetic products?
Many customers, when applying for a cosmetic advertising certificate, still mistakenly believe that the Drug Administration (Ministry of Health) issues advertising certificates for imported cosmetic products and the Department of Health issues certificates for domestic manufactured cosmetics.
However, whether the customer’s cosmetic product is an imported product or a domestically produced product, the only agency that receives the dossier and handles the administrative procedures to issue a certificate of advertising content is the Provincial/City Department of Health where the enterprise is headquartered or the manufacturing plant where the announcement is made.
In conclusion, you can submit the application for a cosmetic advertising certificate to the Department of Health where the enterprise applying for a certificate headquartered, or the Department of Health in the province/city where the business has a cosmetic factory.
The latest regulations about cosmetic advertising in 2022
Some issues that an advertising license applicant should pay attention to when applying for a license include:
- Firstly, cosmetic products registered for advertising must have a cosmetic proclamation slip in accordance with the law on health (issued by the Drug Administration or the Department of Health with a cosmetic announcement number).
- Secondly, the content of the advertised product must not contrast to or different from the content of the product shown in the announcement sheet such as effects, ingredients, manufacturer, distributor, etc.
- Also, the advertising content must not be contrary to common decencies and social ethics, all cases of advertising that are not consistent with the content in the announcement sheet will be denied the cosmetic advertising certificate.
Dossiers to apply for a cosmetic advertising certificate
- Application form for approval for advertisement contents.
- The Certificate of Business Registration of an enterprise or the license for representative office establishment of a foreign dealer.
- Contents of applications for approval for advertisements:
- In the case of advertising on audio and video news, the applicant must prepare 01 recording of proposed advertisement content written in VCDs, CDs, or in the form of soft copies together with 03 copies of proposed advertising scripts in which contents, proposed advertisement instruments, pictorial (applicable to video news), oral and music contents.
- In case advertising on the advertising means distinct from audio and video news, the applicant must prepare 03 copies of mockups of proposed advertisement contents printed in color in combination with soft copies recording the proposed advertisement contents;
- If advertising through conferences, seminars, or events, in addition to materials stipulated in this point, the applicant has to submit the valid sample of advertisement contents used in the program approved by competent authorities (applicable to advertisements of which contents have been approved), agenda in which the presentation title and time (dd/mm/yy), venue (specific address); presentation contents, materials, and handouts; name tags including academic ranks and professional qualifications of presenters (presenters must hold qualifications or degrees appropriate to products, commodities, and services to advertise.
- Sample labels of these products or those approved by competent healthcare authorities, applicable to the case in which the law stipulates that product labels must approved by competent healthcare authorities.
Other requirements
- Firstly, if the authorized applicant is applying for approval for advertisement contents, the following documents must be shown:
- Legal authorization letter;
- The Certificate of business registration or the license for representative office establishment of a foreign dealer held by the authorized applicant.
- Secondly, materials used for reference, demonstration, and verification of information provided in the advertisement content:
- English materials must be translated into Vietnamese, enclosing the original English ones. Translated materials in Vietnamese must be sealed by the applicant for approval for advertisement contents;
- Materials in foreign languages other than English must be translated into Vietnamese, enclosing the original copies of these materials. Materials translated into Vietnamese must be notarized in accordance with legal regulations.
- Thirdly, materials included in the application must be high-quality printouts that are arranged to follow procedures stipulated in the articles hereof. Colorful pages are placed in between to separate different parts, and the cover page and list of materials are required as well;
- Fourthly, documents included in the application for approval for advertisement contents must remain valid or must be the authenticated duplicate or sealed duplicate of the applicant for approval for advertisement contents. All materials attached must be validated by stamp or edge stamp of the applicant for approval for advertisement contents;
- Also, sample advertisements should be displayed on the A4-size paper, sample large-size outdoor advertisements should be displayed on the A3-size paper or the paper in other sizes, and the ratio of the sample advertisement to the real one must be specified.
Steps to apply for a cosmetic advertising certificate
Step 1: Prepare dossiers for the application.
Entities that intend to apply for a cosmetic advertising certificate shall prepare a set of dossiers mentioned above.
Step 2: Submit the application to the Department of Health.
The Department of Health where the enterprise applies for a certificate will receive the dossiers.
Step 3: Receive and assess the application.
The Department of Health will assess the application after the application validity accepted.
During the assessment of the application, the enterprise shall follow to supplement in time if needed.
Step 4: Issue the cosmetic advertising certificate.
After checking the validity of the dossiers submitted, the competent authorities will issue a certificate of advertising content to the applicant.
Step 5: Carry out the advertisement.
After granting a certificate of advertisement, the enterprise can conduct advertisement within the licensed content.
Note: When having changes in the content of the advertisement certificate, the enterprise has to carry out procedures to be re-issued a certificate.
Legal service of LSX Legal Firm
LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:
- Legal advice related to new regulations;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
- Represent to submit documents, receive results, and hand them over to customers.
With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
Contact LSX
Finally, hope this article is useful for you to answer the question about “Certificate to advertise cosmetics under Vietnamese legislation”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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Related questions
Firstly, registration document for spa vocational training (made according to the form in Appendix III issued together with Decree 143/2016/ND-CP).
Secondly, a copy of business household registration certificate.
Thirdly, report on conditions to ensure vocational education activities (under the form in Appendix V to Decree 143/2016/ND-CP) and enclosed with supporting documents.
Lastly, a copy of the charter or regulations on organization and operation.
Make decisions on the forms and methods of the advertising business.
Receive accurate and truthful information from the advertiser about the advertised organizations, individuals, products, goods, services, and documents related to the advertising conditions.
Participate in the formulation of the local advertising planning and receive information from local agencies in charge of advertising about the approved outdoor advertising planning.
Request advertisement appraisal.
Operating within the range specified in the Certificate of business registration and observing the law provisions on advertising.
Examining the documents related to the advertising conditions of the advertised organizations, individuals, products, goods, services, and implementing the relevant procedures under the advertising contract.
Take responsibility for the advertisements that they directly make.
Providing documents related to the advertisements at the request from the advertisement receiver or competent State agencies.
Conclusion: So the above is Certificate to advertise cosmetics under Vietnamese legislation. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
