Advertising is the use of media for the purpose of introducing products, goods, services, organizations and individuals trading products, goods and services to the public. How to apply for a Food Advertising License in Vietnam? Refer to the article below of LuatsuX.
Legal grounds
Decree 15/2018/ND-CP
Food advertising license
Products, goods and services prohibited from advertising
Goods and services banned from trading in accordance with law.
Cigarette.
Alcohol with an alcohol content of 15 degrees or more.
Milk substitutes for breast milk for children under 24 months old, nutritional supplements for children under 6 months old; feeding bottles and artificial nipples.
Prescription drugs; drugs without prescription but recommended by the competent state agency to limit their use or use under the supervision of a physician.
Types of products and goods of a sexual nature.
Shotguns and shotgun ammunition, sporting weapons and products and goods of a nature that incites violence.
Other products, goods and services banned from advertising shall be regulated by the Government when they arise in reality.
Foods that require an advertising permit include:
Pursuant to Article 26 of Decree 15/2018/ND-CP, which foods must be registered for content before advertising include:
Food for health protection, food for medical nutrition, food for special diet.
Nutritional products for children up to 36 months old are not banned from advertising specified in Article 7 of the Law on Advertising.
When you want to advertise one of the above products, the business unit is required to apply for a food advertising license at the licensing agency.
Advertising license is a license issued by a competent authority to an enterprise wishing to advertise products or services produced/distributed/provided by them, in order to confirm that advertising content is in compliance with regulations. under the law.
Contents of the certificate of advertisement content
Advertising contents on the mass media, leaflets, posters and posters must ensure the correct effects of the announced products; In addition to the announced contents, if there are other contents, there must be scientific documents to prove it and must ensure the accuracy and truthfulness of the following contents:
Product’s name;
Origin of goods, name and address of manufacturer, importer;
Effects of the product (if any);
Warnings when using the product (if any);
Instructions for use, instructions for preservation (for products with special usage and preservation methods);
Particularly for functional food products, there must be the words or words “This product is not a medicine and has no effect on replacing medicine”, the handwriting must ensure Times New Roman 14 font size, the words must be read. must be heard under normal conditions.
For advertising on billboards, billboards, panels, shelves, shelves, other items, objects in the air, underwater, moving objects do not necessarily contain all information about the product (how to use, effect, and preservation) but must be consistent with the announced content.
Procedure to apply for a Food Advertising License
Step 1: Organizations and individuals submit dossiers of application for certification of food advertisement contents to the Food Safety Department.
Step 2: The Department of Food Safety receives the application and returns it through the online system on the page confirming the advertisement content of the Food Safety Department.
Step 3: Within 10 working days, the Food Safety Department examines the dossiers and issues a Certificate of Food Advertising Content for valid documents. If the application is not valid, a written reply clearly stating the reason
Step 4: Return the results to individuals and businesses to confirm the advertising content.
Profile composition
Certificate of registration of food advertisement content (according to the form in Appendix 01 of Circular No. 09/2015/TT-BYT).
The business registration certificate of the enterprise or the license to establish a representative office of the foreign trader (A copy with the seal of the organization or individual registering the advertisement content);
Certificate of announcement of conformity with food safety regulations (for products without technical regulations) or receipt of regulation conformity announcement issued by competent state agencies (Copy with seal of organizations and individuals registering advertising contents);
A copy of detailed information about the product that has been certified by a competent authority (a copy with the seal of the organization or individual registering the advertising content);
Food advertising products;
01 record of expected advertising content in a video disc, audio disc, floppy disk, enclosed with 02 scripts (stamped by the organization or individual registering the advertising content) for television advertising, cinema, radio.
02 copies of the make-up of the content to be advertised (stamped by the organization or individual registering the advertising content) and enclosed with a soft file recording the content of the advertisement registration for advertising in printed newspapers and leaflets. , posters, posters or printed on other items, advertisements on electronic newspapers, enterprises’ electronic portals, electronic portals of advertising service providers, Internet.
References, scientific documents to prove advertising information in case the advertising content is not included in the detailed product information sheet that has been certified by the competent authority.
In case the supporting documents are written in a foreign language, they must be translated into Vietnamese.
All documents must be stamped with the border seal of the organization or individual registering the advertising content.
Sample of product label approved by a competent health authority (Copy with the seal of organization or individual registering advertising content).
Note: The processing time for the issuance of a Food Advertising License is 10 working days.
Please see more
- Make a license for food hygiene and safety by the Vietnam law
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- Process of checking food safety and hygiene in Vietnam
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Please contact us immediately with questions about the “Food advertising license in Vietnam”
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Frequently asked questions
After completing all required documents and records, customers will proceed to apply for a license to advertise functional foods via online submission through the portal.
Advertisers can refer to how to apply via the following link: http://xacnhanquangcao.vfa.gov.vn/web/guest/
The Food Safety and Hygiene Department will not accept paper applications in the direction of direct submission or by post, so the advertising license applicant should pay close attention to this issue to avoid wasting time.
According to the provisions of Clause 3, Article 52 of Decree 38/2021/ND-CP stipulates: “A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for organizing fairs, seminars, conferences and exhibitions. distributes or presents printed, audio or video products, storage devices containing data on introduction of food products and food additives that are not certified by competent state agencies according to regulations. .”
– Additional sanction: Deprivation of the right to use the product announcement registration receipt from 01 to 03 months in case of violations on advertising of health foods for 02 or more times within 06 month;
Remedial measures: Forcible destruction of material evidences of violation
Conclusion: So the above is Food advertising license in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
