Instructions on procedures for applying for a cosmetic advertising license
1. Conditions for granting cosmetic advertising licenses
For granted cosmetic advertising license, individuals and organizations must meet the following conditions for confirming advertising content:
1.1. General conditions
According toArticle 4 Circular 09/2015/TT-BYT, the general conditions for confirmation of advertising content are specified as follows:
- Advertising content must comply with the provisions of law on advertising, and must not contain prohibited acts specified in Clause 1 of this Article.Article 8 of the Law on Advertising 2012.
- Voice, writing, and images in advertisements must be brief, common, and in accordance with Article 18 of the 2012 Advertising Law.
The smallest font size in advertising content must ensure a ratio large enough to be readable under normal conditions and must not be smaller than the ratio equivalent to Vntime or Times New Roman 12 font size on A4 paper size.
1.2. Professional conditions
According to Article 6 of Circular 09/2015/TT-BYT, conditions for confirming cosmetic advertising content include:
- Cosmetics must meet the advertising conditions specified in Point b, Clause 4, Article 20 of the 2012 Advertising Law.
Point b, Clause 4, Article 20 of the Law on Advertising 2012 stipulates that cosmetic advertising must have a cosmetic product announcement card according to the provisions of health law.
Thus, to apply for a Cosmetic Advertising Content Confirmation, you must first apply for a Cosmetic Product Announcement License.
- Advertising content must comply with regulationsArticle 4 of Decree No. 181/2013/ND-CP with the following contents:
· Do not use images, costumes, names, letters, articles of medical units, facilities, doctors, pharmacists, or other medical staff;
· The features and uses of the product must be consistent with the nature of the product, product classification and announced features and uses according to the provisions of law.
- The unit requesting confirmation of advertising content is the unit named on the product announcement form or the representative office in Vietnam of the unit named on the product announcement form or a unit with legal entity status. The unit's name is on the written authorization product announcement form.
2. Procedures for applying for a cosmetic advertising license
After completing the procedures and being issued a product and cosmetic announcement card, the organization submits an application for confirmation of advertising and cosmetic content.
2.1. Prepare documents
Pursuant to Articles 13 and 15 of Circular 09/2015/TT-BYT, the application for a Certificate of Cosmetic Advertising Content includes the following documents and records:
STT |
Type of records and documents |
1 |
Written request for confirmation of advertising content as prescribed in Appendix 01 issued with the Circular; |
2 |
Business registration certificate of the enterprise or license to establish a representative office of a foreign trader; |
3 |
Contents of request for advertising confirmation: - If advertising on audio or video newspapers, there must be 01 record of the expected advertising content in the video disc, audio disc, or soft file along with 03 copies of the expected advertising script, clearly describing the content. , intended advertising media, image part (for visual newspapers), lyrics part, music part; - If advertising on advertising media other than audio or visual newspapers, there must be 03 copies of the expected advertising content printed in color along with a soft file recording the expected advertising content; - If advertising through seminars, conferences, or event organizations: In addition to the documents specified in this point, there must be the following documents: advertising samples used in the program approved by the competent authority, and the following documents: Validity (in case the advertising sample has had its content approved), the program clearly states the name of the report content, time (day/month/year), and organization location (specific address); content of reports and documents presented and distributed to attendees; list of names, scientific titles... |
4 |
Valid authorization document; |
5 |
Business registration certificate or License to establish a representative office of a foreign trader of an authorized unit. |
6 |
The cosmetic product announcement form has been issued by a competent state agency. |
7 |
Valid and reliable documents proving the product's features and uses in case the cosmetic advertising content stating the product's features and uses is not included in the content of the approved cosmetic product announcement form. received by the competent authority. |
2.2. Place to submit application
Applications are submitted directly to the One-Stop Department of the Department of Health of Provinces and Centrally-run Cities (according to Point a, Clause 2, Article 12 of Circular 09/2015/TT-BYT).
2.3. Resolution time
Time to process issuance procedures cosmetic advertising license is 10 working days from the date of receipt of the application.
2.4. Processing fee
The fee for content appraisal and issuance of cosmetic advertising certification is 1.6 million VND (according to Circular 41/2023/TT-BTC)