Procedure for Cosmetic Advertisement Approval

Cosmetic Advertisement Approval is a key legal requirement for businesses promoting cosmetic products in Vietnam. This regulation ensures advertisement information is accurate, transparent, and not misleading to consumers. To advertise cosmetics legally, businesses must complete the procedure for a Certificate of Advertisement Content (Giấy xác nhận nội dung quảng cáo), adhering to current legal regulations.

Conditions for the Cosmetic Advertisement Approval Procedure

Applicants seeking Cosmetic Advertisement Approval must meet all conditions stipulated in Decision No. 3904/QD-BYT (issued September 18, 2015). Specific requirements include:

• Advertising content must comply with the Law on Advertising, specifically avoiding prohibitions listed in Article 8.
• Language (spoken, written) and images must be concise, common, and adhere to Article 18 of the Law on Advertising. The minimum font size must be legible under normal conditions (equivalent to Vntime or Times New Roman 12 on A4 paper).
• Cosmetics must meet advertising eligibility under Point b, Clause 4, Article 20 of the Law on Advertising.
• Content must follow Article 4 of Decree No. 181/2013/ND-CP and the following:
  • Must not use images, uniforms, names, letters, or articles from medical units, healthcare facilities, doctors, pharmacists, or other medical staff.
  • Product features and uses must align with the product’s nature, classification, and the declared functions as regulated by law.
• The dossier must be complete as specified in Article 15 of Circular 09/2015/TT-BYT.
• The applicant must be the entity named on the Product Notification Form, its representative office in Vietnam, or a legally authorized third party (with a power of attorney).

Competent Authority

As regulated by Decision No. 3904/QD-BYT, the competent authority to grant Cosmetic Advertisement Approval is the provincial-level Department of Health (DOH) where the business is headquartered.

Applicants may submit dossiers directly at the DOH office or via postal service.

Dossier Composition and Quantity

Based on Decision No. 3904/QD-BYT, applicants must prepare 01 dossier set for Cosmetic Advertisement Approval, including:

• A written request for advertisement content confirmation (using the form in Appendix 01, Circular 09/2015/TT-BYT).
• A copy of the Business Registration Certificate or Representative Office License.
• The proposed advertisement content:
  • For broadcast (radio, television): 01 recording (disc or soft file) and 03 scripts, detailing content, media, visuals (for TV), script, and music.
  • For other media (print, online): 03 color mock-ups (ma-két) with a soft file.
  • For conferences/events: Must include approved advertising samples (if any), the agenda (topic, date, location), speech content, handouts, and a list of speakers (names, titles, qualifications).
• The product label sample (or the approved label, if required by law).
• Other dossier requirements:
  • Authorized applicants must provide a valid power of attorney and their own Business Registration Certificate/Rep. Office License.
  • Reference documents supporting claims: English documents must be translated into Vietnamese (accompanied by the original); the translation must be stamped by the applicant. Other foreign languages must be translated into Vietnamese, notarized, and accompanied by the original.
  • All dossier documents must be valid (certified copies or copies stamped by the applicant). Documents must be stamped, including an adjoining stamp (dấu giáp lai).
  • Advertisement mock-ups must be on A4 paper. Large-format outdoor advertisements may use A3 paper, clearly noting the scale.
• The Cosmetic Product Notification Form (Phiếu công bố sản phẩm mỹ phẩm) issued by a competent state agency.
• Valid, reliable documents supporting any product features or uses claimed in the advertisement that are not included in the original Product Notification Form.

Procedural Steps for Cosmetic Advertisement Approval

The procedure follows the regulations in Decision No. 3904/QD-BYT:

• Step 1: The organization submits the dossier to the Department of Health (DOH).
• Step 2: If the dossier is invalid, the DOH will issue a written request for modification/supplementation within 05 working days. The applicant has a maximum of 90 days to amend the dossier. If this deadline passes, the application dossier expires.
• Step 3: Within 10 working days of receiving a valid dossier, the DOH will issue the Certificate of Advertisement Content. If refused, the DOH must provide a written response stating the reasons.
• Step 4: For advertising via conferences/events:
  • At least 02 working days before the event, the organization must notify the local DOH (where the event occurs). This notice must include the form, time, location, a copy of the Cosmetic Advertisement Approval certificate, and the approved script/content.
  • If the time or location changes, the organization must notify the local DOH.

>>> See more at: Announcing handmade cosmetics: Is it mandatory? Procedure?

Consultation Service at Long Phan Consulting Company

Long Phan Consulting Company provides comprehensive services for the Cosmetic Advertisement Approval procedure. We assist clients in preparing the dossier and completing the process. Our goal is to save time, limit errors, and ensure rapid approval.

The scope of our service includes:

• Expert consultation on the conditions, dossier, and procedural requirements for Cosmetic Advertisement Approval.
• Guiding clients in providing the necessary information and documents.
• Assisting in drafting the dossier to meet legal standards.
• Acting as the client’s authorized representative to submit the dossier to the competent authority.
• Actively monitoring the dossier status and working directly with state agencies to provide clarifications or supplements.
• Receiving and delivering the final results to the client.

Frequently Asked Questions (FAQ)

What is the state fee for the Cosmetic Advertisement Approval procedure?

Per Decision No. 3904/QD-BYT, the state fee is 1,800,000 VND.

How many dossier sets are required?

Per Decision No. 3904/QD-BYT, only 01 complete dossier set is required.

What constitutes a single application dossier?

Per Article 3, Circular 09/2015/TT-BYT, this includes:

• Cases specified in Point a, Clause 2, Article 3.
• One advertisement mock-up for two or more products that correspond to a single issued Product Notification Form.

When does the Certificate of Advertisement Content expire?

Per Article 23, Circular 09/2015/TT-BYT, the certificate expires if:

• The Cosmetic Product Notification Form expires.
• The cosmetic product is suspended from circulation, recalled, or the Notification Form is revoked.
• There are changes to information affecting the product’s safety and quality.

Conclusion

Obtaining Cosmetic Advertisement Approval is an important legal procedure. It ensures compliance with the law and enhances the business’s market credibility. If you require support or full-service assistance for this procedure, contact Long Phan Consulting Company via hotline 1900636389 for prompt consultation.