Regulations on registration of food advertisement contents in foreign languages in Vietnam

Many people wonder whether registration of food advertisement contents in foreign languages in Vietnam needs to be translated into Vietnamese. According to the regulations in 2022, what content of the product when advertising is shown in a foreign language? The following article of Lawyer X will help readers answer questions about these issues, please follow along. Hope this article will bring a lot of useful information for readers.

Legal grounds

Law on Advertising 2012

How are food advertising conditions regulated?

Pursuant to Article 20 of the Law on Advertising 2012 as follows:

“1. Advertisements about goods and service business activities must have a business registration certificate.

2. Advertisements for all kinds of products, goods and services must have documents proving the standard and regulation conformity of products, goods and services as prescribed by law.
3. An advertisement for a property that is required by law to have a certificate of ownership or right to use must have a certificate of ownership or right to use the property.
4. Advertising for special products, goods and services must satisfy the following conditions:

a) Advertise drugs that are allowed to be advertised in accordance with the law on health; must have a valid circulation permit in Vietnam and a user manual approved by the Ministry of Health;

b) Cosmetic advertising must have a cosmetic product announcement slip in accordance with the law on health;

c) Advertisements for insecticidal and germicidal chemicals and preparations for household and medical use must have a certificate of registration for circulation issued by the Ministry of Health;

d) Advertising of milk and nutritional products for young children other than those specified in Clause 4, Article 7 of this Law must have a certificate of standards and a certificate of food hygiene and safety for nutritional products. domestic production; for imported nutritional products, there must be a certificate of product quality issued by a competent agency of the producing country and a circulation permit;

e) Advertising food, food additives must have a certificate of registration of quality and safety for food, food additives on the list of which must be registered for food quality, hygiene and safety or a marketing leaflet receive standard declaration dossiers from competent state agencies for foods and food additives on the list of which standards must be announced;

f) An advertisement for medical examination and treatment services must have a certificate of eligibility for practice issued by the health sector in accordance with law;

g) Advertisement of medical equipment requiring a circulation permit, for domestically produced medical equipment, or an import license, for imported medical equipment;

h) Advertisement of plant protection drugs, plant protection drug ingredients, and plant protection supplies must have a certificate of registration of plant protection drugs. Advertisements for beneficial organisms used in plant protection must have a phytosanitary license issued by the Ministry of Agriculture and Rural Development;

i) Advertisements for veterinary drugs and veterinary supplies must have a product circulation permit and a summary of product characteristics;

k) Advertisements for fertilizers, biological products for cultivation, animal feeds and biological products for livestock production must have a certificate of product quality or a written self-declaration of product quality.

5. The Government shall prescribe advertising conditions for other special products, goods and services when they arise in reality.”

Do you need to translate food advertising content in foreign languages ​​into Vietnamese?

In Clause 4, Article 27 of Decree 15/2018/ND-CP, an application for registration for certification of advertising content includes:

a) An application form for certification of advertisement contents, made according to Form No. 10, Appendix I issued with this Decree;

b) A written receipt for registration of the product announcement and the product announcement certified by a competent authority (a copy certified by the organization or individual);

c) Sample of product label (copy certified by organization or individual);

d) For advertisements in audio and video newspapers, there must be a script to be advertised and the content to be advertised recorded on a video or audio disc; for advertising on other means, there must be a map (sample of content) to be advertised (a copy certified by the organization or individual);

e) For advertising content other than the uses and features of the product stated in the product announcement, there must be scientific documents to prove it (a copy certified by the organization or individual);

Documents in the application for certification of advertising content must be in Vietnamese; in case there are documents in foreign languages, they must be translated into Vietnamese and notarized.

Thus, based on the above provisions, when registering food advertising contents in a foreign language, they must be translated into Vietnamese and those documents must be notarized.

What content of the product when the advertisement is shown in a foreign language?

Pursuant to Clause 1, Article 18 of the Law on Advertising 2012, stipulates the voice and writing in advertising as follows:

1. Advertising products must have content in Vietnamese, except for the following cases:

a) Trademarks, slogans, trademarks, proper names in foreign languages ​​or internationalized words that cannot be replaced by Vietnamese;

b) Books, newspapers, websites and other publications permitted to be published in Vietnamese ethnic minority languages ​​and foreign languages; radio and television programs in Vietnamese and foreign languages.

Thus, not all advertising products must have content expressed in Vietnamese, if in the above cases, the content of advertising products can be shown in foreign languages.

Procedures for issuance of Certificate of advertisement content

Step 1: Organizations and individuals with advertising products shall send registration dossiers for certification of advertising contents to the agency that issues the product announcement registration receipts;

Step 2: Within 10 working days from the date of receipt of complete and valid dossiers, the dossier-receiving agency shall consider the dossiers and return the results. This time limit is counted from the date of arrival stamp of the application-receiving agency if the dossier is sent by post or the date the completed dossier is received on the online public service system.

In case of disagreeing with the advertisement contents or requesting amendments and supplements, the application-receiving agency must make a written statement clearly stating the reasons and legal grounds for the request.

Within 10 working days after receiving the revised or supplemented dossier, the dossier-receiving agency shall appraise the dossier and issue a written reply. After 90 working days from the date of receipt of a written request for amendment and supplementation, if the organization or individual does not amend or supplement the dossier, the dossier is no longer valid;

Step 3: Agencies receiving dossiers of registration for certification of advertising contents are responsible for publicly announcing the names and products of organizations and individuals that have been granted Certificates of food product advertisement contents on the website. its website and food safety database;

Step 4: Organizations and individuals registering for certification of advertising contents are responsible for paying the application fee at the application-receiving agency.

Please see more

• Make a license for food hygiene and safety by the Vietnam law
• Service of setting up a seafood production company in Vietnam
• Process of checking food safety and hygiene in Vietnam

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