CITYLAW prides ourselves of cooperating with individuals, enterprises of all scales in importing functional foods from various countries around the world such as: US (Golden Health) France (Sagen Company), the UK (Intershop, Medicare), Korea (Sooin Vina, Korea House), Vietnam (Nuka VN, Andi Pháp).
I. Competence: Food Safety Administration – Ministry of Health
II. Conditions for licensing approval for content of advertisement:
- Advertised product was granted functional foods publication certificate and the certificate is still valid;
- At the time licensing the certificate, Business must temporarily close all advertisement content on the Internet or other advertising devices. Do not advertise without permission.
III. Modes of advertisement that require license:
- Advertisement on Website, Journal, facebook
- Advertisement by poster, leaflet, banner, brochure, catalogue,…
- Advertisement on Television, shopping channel, electronic devices.
- Advertisement at waiting room, elevator screen, bus stop, on the bus, outside,…
- Advertisement on shelf, display cabinet, printing products
- Advertisement at conference, workshop, fair, exhibition, event.
- Others
IV. Customer needs to supply these documents:
- Certificate of Business Registration
- Certificate of functional foods publication (the complete version)
- Marquette or TVC with advertising scenario.
V. Penalties for administrative violations advertising.
Pursuant to the Decree No. 158/2013/ND-CP dated 12/11/2013 of Government on penalties for administrative violations pertaining to culture, sports, tourism and advertising; Decree no.28/2017/ND-CP of Government amends to the government’s Decree No. 158/2013/ND-CP:
“A fine of from VND 15.000.000 to VND 20.000.000 shall be imposed for advertising special goods and services without having advertisements contents certified by competent authorities before showing the advertisements”
For the same violation, fines applicable to organizations will be equal to twice of the fines applicable to individuals.
VI. CITYLAW has responsibilities for:
- Planning and giving advises for producing Marquette, avoiding the requirements for amending during the process, therefore reduce half of the execution time than other companies.
- Providing the sufficient forms and dossiers for customer to prepare.
- Dealing with the whole procedure with preferential treatment. Taking the initiative, being flexible with struggling situations.
- Giving advices, warning the regulations on penalties pertaining to advertising in case Customer can not anticipate the risks during advertising process, saving the expenditure for customer.
- Guiding the product trademark registration procedure.
VII. Execution time
- Performing the procedure: 15-20 working days (for normal service); 10-12 working days (for quick services)
- Validity: According to the expiry of publication certificate.
VIII. Legal base
- Law 16/2012/QH13 on Advertising dated 01/01/2012 of National Assembly;
- Law on Food Safety No.55/2010/QH12 dated 01/07/2011 of National Assembly;
- Circular 09/2015/TT-BYT dated 25/05/2015 of Ministry of Health stipulating the approval for contents of advertisements for special products, commodities and services under the authority of Ministry of Health;
- Circular 25/2018/TT-BYT dated 28/09/2018 of Ministry of Health.
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 | CITYLAW VIET NAM CO., LTD LY NGUYEN (Ms) / Lawyer – Manager
♦ 093 123 9396 – 093 177 9398 ♦ ls.lynguyen@citylaw.vn ♦ 209 Giang Vo, Cat Linh, Dong Da, Ha Noi ♦ https://citylaw.vn |