Vietnam Publishes the Consolidated Decree of Advertising Law

On November 14, 2013, Vietnam issued Decree No. 181/2013/ND-CP Implementation Rules of the Advertising Law. On September 18, 2024, the Minister of Culture, Sports and Tourism signed Decree No. 3977/VBHN-BVHTTDL, consolidating Decree No. 181/2013/ND-CP and several previous amendments and supplements made from 2017 to 2021 into one document. This new Decree aims to streamline the regulatory framework and enhance accessibility for stakeholders by providing a comprehensive reference of advertising requirements in Vietnam.

Brief Summary of Decree No. 3977/VBHN-BVHTTDL

The main contents of Decree No. 3977/VBHN-BVHTTDL are summarized as follows:

Chapters	Description
Chapter 1	General Provisions: This chapter defines the scope and entities regulated by the Decree. *This Decree* applies to Vietnamese and foreign entities that engage in advertising in Vietnam.**
Chapter 2	Regulations on advertising content: This chapter details requirements regarding the content of advertisements for special products (including cosmetics, foods, medical devices, and disinfectants) and services (medical examination and treatment services), ensuring product safety and effectiveness.
Chapter 3	Advertising on websites: This chapter provides guidance for foreign organizations and individuals that offer cross-border advertising services on websites, particularly those generating advertising revenue in Vietnam.
Chapter 4	Outdoor advertising planning: This chapter outlines requirements and processes for outdoor advertising planning in Vietnam, including location restrictions, outdoor advertisement planning dossier, approval procedures, and conditions for adjusting the plans.
Chapter 5	Representative offices of foreign advertising enterprises: This chapter outlines the regulations for foreign advertising enterprises establishing representative offices in Vietnam, detailing the application process, conditions for license issuance, modifications, renewals, revocations, and associated fees.
Chapter 6	Assigned responsibilities for state management: This chapter specifies the responsibilities of various government bodies in managing advertising, detailing the roles of the Ministry of Culture, Sports and Tourism, relevant ministries, and provincial people’s committees.

Requirements for Cosmetic Advertisements

The Decree specifies several particular requirements for cosmetic advertising as below:

1. Cosmetics advertisements must be consistent with:

a) The information on cosmetic notification dossiers;

b) Documentation demonstrating the safety and efficacy of the cosmetics and compliant with the guidelines of international associations on efficacy claims (if any).

2. Each cosmetics advertisement must include:

a) The product name;

b) A description of the effects and uses;

c) The name and address of the cosmetic notifier;

d) Warnings as required by international agreements.

3. Advertisements must not have confusion between cosmetics and medicinal products.

4. The product name, effects and uses, as well as warnings must be clearly communicated in audio and video advertisements.