How to look up the certificate of advertising content in Vietnam?
Advertising means to introduce to the public products, goods, and services for profit purposes; products and services with no profit-making purposes; organizations and individuals trading in introduced products, goods, and services, except for current news; social policies; personal information. To conduct certain advertisement projects, enterprises have to carry out procedures to obtain a certificate. In this article, LSX legal firm will give you a guidance on: “How to look up the certificate of advertising content in Vietnam?”
Legal grounds
- Law on Advertising 2012
- Decree 15/2018/ND-CP
- Circular 09/2015/TT-BYT
Conditions for confirming advertising content
Conditions for advertising contents according to the Law on Advertising 2012 and Circular 09/2015/TT-BYT:
General requirements for the grant of approval for an advertisement content
- The advertisement content must conform to legal regulations on advertising and none of the 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.
Requirements for contents of advertisements
- Contents of an advertisement must ensure they are truthful, accurate, and clear and must not cause loss and damage to producers, business persons, and advertising recipients.
- The Government shall provide regulations on requirements for contents of advertisements applicable to special products, goods, and services.
Acts prohibited in advertising activities
- Firstly, advertising products, goods, and services specified in article 7 of this Law.
- Secondly, advertising which discloses State secrets, or which harms national independence, sovereignty, defense, and security.
- Thirdly, advertising does not have aestheticism or is contrary to the historical traditions, culture, ethics, or fine customs of the Vietnamese people.
- Fourthly, advertising has an effect on urban beauty, traffic order, and safety, or social safety.
- Fifthly, advertising has a bad effect on the solemnity of the national flag, the national emblem, the national anthem or the flag of the Party, national heroes, culturally famous men, leaders, or the leaders of the Party or of the State;
- Sixthly, advertising discriminates ethnically or racially, which violates the religious belief freedom or religion, or which is prejudiced regarding gender or the disabled.
- Seventhly, advertising offends the reputation, honor, and human dignity of organizations and individuals.
- Eighthly, advertising uses the image, words, or writing of an individual without his or her consent, unless the law so permits.
- Advertising which is untrue or misleading about the business capacity or ability to provide products, goods, or services of an organization or individual conducting business in products, goods, or services; or about the quantity, quality, price, usage, design, package, trademark, origin, type, method of serving or warranty period of products, goods or services which has been registered or declared.
- Also, advertising uses the method of directly comparing the price, quality, or effectiveness of the use of its products, goods, or services with the price, quality, or effectiveness of the use of the products, goods, or services of the same type of another organization or individual.
- Advertising using the superlative form or words with a similar meaning without any lawful support document in accordance with the regulations of the Ministry of Culture, Sports and Tourism.
- …
Dossiers for approval for contents of advertisements
- Application form for approval for advertisement contents in accordance with regulations laid down in Appendix 01 enclosed in Circular 09/2015/TT-BYT.
- 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 case having advertised on audio and video news, the applicant has to 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, must be clearly described.
- If having advertised on the advertising means distinct from audio and video news, the applicant prepares 03 copies of mockups of proposed advertisement contents printed in color in combination with soft copies recording the proposed advertisement contents.
- In case having advertised through conferences, seminars, or events: In addition to materials stipulated in this point, the applicant must submit the followings: 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 be advertised. Advertising of pharmaceutical products: Presenters must hold professional qualifications in pharmacy. Advertising of healthcare services: Presenters must hold professional qualifications in medicine. Advertising of foods, food additives, and food processing aids: Presenters must hold professional qualifications in medicine and pharmacy or other university degree or higher degree in relevant disciplines.
Look up the certificate of advertising content
Look up on the registered account of the business
When submitting the application for advertising functional foods, businesses will have to open an account on the portal of the Food Safety Department: http://xacnhanquangcao.vfa.gov.vn.
After getting the certificate, if you want to look up the certificate number, issue date, and content, you just need to log in to your account. Then, select the profile that answered the results, the system will display all information about the functional food advertising certificates that the business has.
Displayed content includes receipt profile code, advertising confirmation number, online result return date, product name, and advertising means. In addition, businesses can download the softcopy of the certificate in the last column of the information sheet.
Look up directly on the portal http://xacnhanquangcao.vfa.gov.vn.
For this form, businesses do not need to log in to an account, you just need to visit the website above.
Then, select the “lookup” item. In the search box, type the business name or the product name (type correctly) to see the results.
With this form, you can not only look up the certificate to advertise functional foods of your business but can also look up the certificate of other units.
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 “How to look up the certificate of advertising content in Vietnam?”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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Related questions
An advertiser shall have the following rights:
Firstly, advertise its own organization, individual, products, goods and services;
Secondly, make a decision on the form and method of advertising;
Thirdly, receive information on the approved master plan for outdoor advertising provided by the local competent body for advertising;
Fourthly, request appraisal of advertising products.
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).
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.
Goods and services which are prohibited from trading by law.
Tobacco.
Alcohol with the concentration of alcohol being 15 degrees or more.
Breast milk substitutes used for children under the age of twenty four (24) months and supplemental nutrition products used for children under the age of six months; feeding bottles and teats.
Prescribed medicines, or medicines without a prescription but the competent State body recommends that the use of such medicines be restricted or be subject to the supervision of a doctor.
Types of sexually stimulating products or goods.
Sporting guns and their cartridges, sporting rifles and the types of products or goods which stimulate violence.
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