Cosmetic advertising refers to the promotion and introduction of cosmetic products to the public through various channels such as the press, seminars, events, and social media platforms. Under Vietnamese law, the content of cosmetic advertising is strictly regulated to standardize promotional practices and prevent unlawful advertising activities.

Advertising plays a vital role in driving commercial activity by accelerating consumer access to cosmetic products. This article by NPLaw provides a detailed overview of the legal regulations governing content of cosmetic advertising in Vietnam.

I. Legal requirements for content of cosmetic advertising 

Under Article 22 of Circular No. 06/2011/TT-BYT, a cosmetic advertising must include the following information:

  • The name of a cosmetic product;
  • The functions and uses of the product (specifying its primary functions and uses if they are not reflected in the product name);
  • The name and address of an organization or individual responsible for marketing the product;
  • Any usage warnings, if applicable.

II. Violations and administrative fines for non-compliant cosmetic advertising

Pursuant to Article 51 of Decree No. 38/2021/NĐ-CP, as amended by Decree No. 129/2021/NĐ-CP, violations in cosmetic advertising may incur the following penalties:

  • From 5,000,000 VND – 10,000,000 VND: Failure to notify local authorities when advertising in a locality different from where the advertising license was originally issued.
  • From 10,000,000 VND – 15,000,000 VND: Failure to clearly state required information such as the product name, functions, or mandatory warnings in radio or television advertisements.
  • From 15,000,000 VND – 20,000,000 VND for any of the following behaviors:
    + Advertising content inconsistent with registered documents;
    + Advertising without a valid receipt number for the cosmetic product notification or with an expired number;
    + Advertising without mandatory information such as the product name, functions, responsible entity, or warnings.
  • From 30,000,000 VND – 40,000,000 VND: Advertising cosmetics in a manner that misleads consumers into believing the product has medicinal properties.

Remedial measures:

  • Mandatory correction of the misleading content (prescribed in Points and c, Clause 3, Clause 4 of this Article);
  • Removal or withdrawal of the advertising from all platforms, including printed materials and digital media.

III. Procedures for obtaining certificates of cosmetic advertising content

The procedures for obtaining certificates of cosmetic advertising content includes:

Step 1: Preparing and submitting the application

  • Organizations or individuals prepare the required documents and submit them to the competent State authority.

Step 2: Preliminarily reviewing by the Department of Health

  • If the application is complete, a receipt will be issued;
  • If incomplete, guidance will be provided for supplementing the dossier.

Step 3: Assessing the dossier 

  • Within five (05) working days of issuing the receipt, the Department of Health will notify applicants of any deficiencies. Applicants have up to ninety (90) days to amend and resubmit them;
  • For complete and valid dossiers, the Department will issue the Certificate of Advertising Content within ten (10) working days, or provide written reasons if the request is denied. 

Step 4: Receiving results

  •  Applicants receive the result based on the appointment date on the receipt.

IV. Common legal questions on cosmetic advertising content 

1. What must a cosmetic advertising banner include?

Under Clause 2, Article 4 of Decree No. 181/2013/NĐ-CP, banners must display:

  • The product name;
  • The functions and uses;
  • The name and address of the responsible organization or individual;
  • Warnings required under international agreements.

2. Fines for advertising cosmetics with medicinal claims

Based on Clauses 4 and 5, Article 51 of Decree No. 38/2021/NĐ-CP, such a violation will take:

  • A fine of 30,000,000 VND – 40,000,000 VND;
  • Mandatory correction and removal of the non-compliant advertising content.

For violations committed by organizations, fines are doubled under Article 5 of Decree No. 38/2021/NĐ-CP along with remedial measures. 

3. Can cosmetics claiming to boost collagen or combat aging be advertised on YouTube?

Article 7 of the Law on Advertising 2012 stipulates the following products, goods and services prohibited from advertising:

- Goods and services prohibited from trading according to the provisions of law.

- Tobacco.

- Alcohol with an alcohol concentration of 15 degrees or higher.

- Breast milk substitutes for children under 24 months of age, nutritional supplements for children under 6 months of age; feeding bottles and artificial nipples.

- Prescription drugs; non-prescription drugs but recommended by competent State agencies to limit use or use under the supervision of a physician.

- Products and goods of aphrodisiac nature.

- Hunting guns and shotgun bullets, sports weapons and products and goods of a nature that incite violence.

- Other products, goods and services prohibited from advertising as prescribed by the Government when they arise in practice.

According to the Law on Advertising 2012, YouTube and similar platforms are recognized as advertising media. Thus, cosmetics are not on the list of prohibited goods or services under Article 7, making such advertising lawful, provided the claims comply with other regulatory requirements.

4. Fines for celebrities promoting substandard or misleading products

Under Article 52 of Decree No. 38/2021/NĐ-CP, amended by Decree No. 129/2021/NĐ-CP:

  • Celebrities falsely advertising functional foods or low-quality products may be fined 5,000,000 VND – 10,000,000 VND;
  • Organizations face double the fine ( 10,000,000 VND – 15,000,000 VND);
  • Corrective actions include issuing public corrections and removing the false advertising from all platforms.

V. Legal support in cosmetic advertising content

For expert advice on cosmetic advertising compliance and risk management, contact: