Chương 2: Nghị định 181/2013/NĐ-CP hướng dẫn Luật quảng cáo Nội dung quảng cáo các sản phẩm, hàng hóa, dịch vụ đặc biệt

Chapter 2.

CONTENTS OF ADVERTISEMENTS FOR SPECIAL GOODS AND SERVICES 

Article 3. Advertisements for medicines

1. The contents of medicine advertisements must be conformable with:

a) The License for free sale in Vietnam;

b) The instructions sheet approved by the Ministry of Health;

c) The treatise about the medicine has been written in the National Pharmacopoeia or a medicine recognized by a competent authority of the country of origin.

2. A medicine advertisement must contain:

a) The medicine names according to the decision on issuance of registration number;

b) Names of active ingredients;

International names of modern medicines shall be used;

Vietnamese names of herbal medicines. The original name together with the Latin name shall be used if no Vietnamese name is available.

c) Indications;

d) Contraindications or recommendations to pregnant women, breastfeeding women, the elderly, children, chronic disease sufferers;

dd) Name and address of the entity in charge of launching the product;

e) The text “Read the instructions correctly before use”.

3. The information mentioned in Points a, b, and e Clause 2 of this Article must be clearly spoken when advertising medicines on audio and video news. If the medicine contains 03 active ingredients or more, only the primary active ingredient or common names of vitamins, minerals and herbal ingredients may be spoken depending on the duration of the advertisement.

4. The advertisements for medicines on means of outdoor advertising must contain the information mentioned in Points a, b, dd, and e Clause 3 of this Article.

5. The following indications are banned from the medicine advertisement:

a) Tuberculosis, leprosy;

b) Sexually transmitted diseases;

c) Chronic insomnia;

d) Sexual stimulation;

d) Cancers, tumors;

e) Diabetes or similar metabolic disorders.

6. The following information and pictures are banned from medicine advertisements:

a) Pictures of patients;

b) Medicine effect diagram that has not been assessed;

c) Pictures or names of physicians.

Article 4. Advertisements for cosmetics

1. The contents of cosmetics advertisements must be conformable with:

a) The announcement of cosmetics prescribed in pharmacy laws;

b) Documents proving the safety and effects of the cosmetics, instructions on announcement of cosmetics effects given by an international association (if any).

2. A cosmetics advertisement must contain:

a) Names of the cosmetics;

b) Effects and uses of the cosmetics;

c) Name and address of the entity in charge of launching the product;

d) The warnings prescribed in international agreements.

3. Do not advertise cosmetics in a way that cause people to confuse them with medicines.

4. The information mentioned in Points a, b, and s Clause 2 of this Article must be clearly spoken when advertising cosmetics on audio and video news.

Article 5. Advertisements for foods and food additives

1. The contents of an advertisement for foods or food additives must be conformable with the Certificate of Declaration of conformity.

2. An advertisement for foods or food additives must contain:

a) Names of foods or food additives;

b) Name and address of the entity in charge of launching the product;

3. Advertisements for foods or food additives comply with Clause 2 of this Article and contain the details below:

a) Primary and secondary effects (if any);

b) The text or announcement “This product is not a medicine and is not a substitute for medicines”.

4. Do not advertise functional foods in a way that cause people to confuse them with medicines.

5. The information mentioned in Point a Clause 2 and Clause 3 of this Article must be clearly spoken when advertising functional foods on audio and video news.

Article 6. Advertising insecticides and germicides for families and health care

1. The contents of advertisements for insecticides and germicides serving families and health care (hereinafter referred to as insecticides and germicides) must be conformable with the Certificate of registration issued by the Ministry of Health.

2. An advertisement for insecticides or germicides must contain:

a) Names of insecticides or germicides;

b) Effects and uses of insecticides or germicides;

c) Name and address of the entity in charge of launching the product;

d) The text “Read the instructions carefully before use" or “Avoid applying to the items that contain chemicals in the list of chemicals restricted".

3. The information mentioned in Points a, b, and d Clause 2 of this Article must be clearly spoken when advertising insecticides and germicides on audio and video news.

Article 7. Advertisements for medical equipment

1. The contents of advertisements for medical equipment must be conformable for the Certificate of free sale (for medical equipment manufactured in Vietnam) or the import license (for medical equipment imported).

2. An advertisement for medical equipment must contain:

a) Name, category, manufacturer, and country of origin of medical equipment;

b) Features and uses, and preservation method (if any);

c) Name and address of the entity in charge of launching the product.

Article 8. Advertisements for dairy products and dietary supplements for children

1. The contents of an advertisement for dairy products or dietary supplements for children must be conformable with the Certificate of Declaration of conformity.

2. An advertisement for dairy products or dietary supplements for children:

a) Names of the dairy products or dietary supplements for children;

b) Name and address of the entity in charge of launching the product;

Article 9. Advertisements for medical services

1. The contents of advertisements for medical services must be conformable with the license to provide medical services of the medical facility or the practising certificate of the medical practitioner.

2. An advertisement for medical services must contain:

a) Name of the licensed medical facility;

b) The scope of operation written in the operating license or practising certificate issued by a competent authority.

Article 10. Advertisements for pesticides, ingredients of pesticides, plant protection supplies, useful organisms serving plant protection, veterinary medicine, and veterinary supplies

1. Contents of advertisements for pesticides, ingredients of pesticides, plant protection supplies must be conformable of the Certificate of pesticide registration.

2. Contents of advertisements for useful organisms serving plant protection must be conformable with the Certificate of plant quarantine.

3. Contents of advertisements for veterinary medicines and veterinary supplies must be conformable with the License for free sale and the summary of product features.

4. An advertisement for pesticides, ingredients of pesticides, plant protection supplies, useful organisms serving plant protection, veterinary medicine, or veterinary supplies must contain:

a) Names of the pesticides, ingredients of pesticides, plant protection supplies, and useful organisms serving plant protection, veterinary medicine, and veterinary supplies;

b) Features, effects, and recommendations;

c) Name and address of the entity in charge of launching the product.

Article 11. Advertisements for fertilizers and bioproducts for farming, animal feeds, bioproducts for breeding, plant varieties and animal breeds 

1. Contents of advertisements for fertilizers and bioproducts for farming, animal feeds, bioproducts for breeding, plant varieties and animal breeds must be conformable with the product quality certificate or announcement of product quality.

2. An advertisement for fertilizers and bioproducts for farming, animal feeds, bioproducts for breeding, plant varieties or animal breeds must contain:

a) Names of fertilizers and bioproducts for farming, animal feeds, bioproducts for breeding, plant varieties or animal breeds;

b) Origins of ingredients;

c) Name and address of the entity in charge of launching the product.

Article 12. Request for certification of contents of advertisements for special goods and services 

1. Advertisements for the special goods and services mentioned in Articles 3 to 11 of this Decree may only be published after their contents are certified by competent authorities.

2. The Ministry of Health, the Ministry of Agriculture and Rural Development, and the Ministry of Industry and Trade shall certify advertisements for the goods and services under their management.

3. Within 10 working days from the day on which the complete and valid application for certification of advertisement contents is received, the agency mentioned in Clause 2 of this Article shall issue a written certification of advertisement contents. Written explanation shall be made if the application is rejected,