Advertising in the healthcare sector plays a crucial role in introducing medical services, pharmaceuticals, and medical equipment to the public. However, as it directly relates to human health and life, advertising in this field is subject to strict legal regulations to ensure accuracy, truthfulness, and scientific basis. This article by NPLaw clarifies the fundamental legal aspects related to advertising in the healthcare sector.
Advertising in the healthcare sector plays a crucial role in introducing medical services, pharmaceuticals, and medical equipment to the public. However, as it directly relates to human health and life, advertising in this field is subject to strict legal regulations to ensure accuracy, truthfulness, and scientific basis. This article by NPLaw clarifies the fundamental legal aspects related to advertising in the healthcare sector.
I. Overview of healthcare advertising in the current context
1. Definition of healthcare advertising
Healthcare advertising is the activity of disseminating information about healthcare products and services to the public through various media channels with the purpose of introducing, providing, or promoting the use of medical services, pharmaceuticals, medical devices, dietary supplements, and medical cosmetics.
2. Examples of issues related to healthcare advertising in practice
In reality, numerous violations in healthcare advertising have occurred, leading to severe consequences:
- Exaggerating the efficacy of drugs: Some advertisements promote drugs as a cure-all, distorting scientific information and misleading patients.
- Misuse of images of doctors and celebrities: Many entities impersonate medical experts or hire celebrities to promote healthcare products without legal permission.
- Unauthorized advertising without approval: Certain private clinics heavily advertise abortion services, infertility treatments, circumcision, etc., without licenses or beyond their permitted scope of practice.
- Online advertising of unverified products via social networks or livestreams, causing risks to consumer health.
These violations not only contravene the law but also pose serious threats to public health and safety.
3. Why is healthcare advertising necessary?
Although strictly regulated, healthcare advertising is necessary and legally permitted if performed in compliance with applicable laws. The reasons include:
- Helping the public access official, scientific, and transparent healthcare information on suitable products and services.
- Enhancing fair competition among healthcare facilities, pharmaceutical, and medical device manufacturers.
- Raising community awareness of healthcare, disease prevention, and proper treatment.
- Serving as a means for healthcare businesses to promote their brands and services, thereby fostering sustainable growth of the healthcare industry.
II. Legal regulations governing healthcare advertising
1. Main legal instruments governing healthcare advertising
Healthcare advertising is a specialized activity regulated concurrently by multiple legal instruments, notably:
- Law on Advertising 2012: The foundational legislation regulating advertising in general, including healthcare advertising.
- Law on Pharmacy 2016 and Law on Medical Examination and Treatment 2023: Stipulating conditions for advertising drugs, medical services, and medical equipment.
- Decree No. 98/2021/ND-CP, as amended and supplemented by Decree No. 07/2023/ND-CP, Decree No. 96/2023/ND-CP, and Decree No. 85/2024/ND-CP: Providing rules on contents and requirements for advertising medical devices.
- Circular No. 19/2021/TT-BYT, as amended and supplemented by Circular No. 10/2023/TT-BYT: Regulating templates for documents and reports related to medical devices, particularly on disclosure of advertising content and forms.
- Circular No. 09/2015/TT-BYT, as amended and supplemented by Circular No. 25/2018/TT-BYT: Regulating verification of advertising contents for special products, goods, and services under the Ministry of Health’s management.
2. Conditions for healthcare advertising
According to Article 11 of Circular No. 09/2015/TT-BYT, the conditions for verifying advertising contents of medical examination and treatment services include:
- Meeting advertising conditions under Point e, Clause 4, Article 20 of the Law on Advertising 2012: Advertising of medical examination and treatment services requires a valid license or certificate issued by the competent health authority, specifically:
+ License for medical examination and treatment operation granted to medical establishments;
+ Practicing certificates granted to practitioners where required by law. - Advertising contents must comply with Article 9 of Decree No. 181/2013/ND-CP, including:
+ Name and address of the licensed medical establishment;
+ Scope of professional and technical activities as recorded in the License for medical examination and treatment or in the Practitioner’s Certificate. - Having complete dossiers as prescribed in Article 19 of Circular No. 09/2015/TT-BYT, such as:
+ Relevant documents under Article 13 of this Circular;
+ License for medical examination and treatment granted by the Ministry of Health or the provincial Department of Health, together with the approved list of medical techniques;
+ Practicing certificate of the practitioner performing the advertised services (where legally required);
+ The applicant for advertising content verification must be the licensed medical establishment or a legal entity authorized in writing by such establishment.
3. Sanctions for violations in healthcare advertising
Organizations and individuals violating healthcare advertising regulations may be subject to administrative, civil, or even criminal liability, depending on the seriousness of the violation:
- Administrative sanctions (under Decree No. 117/2020/ND-CP and Decree No. 38/2021/ND-CP):
+ Monetary fines ranging from VND 5 million to VND 100 million, depending on the act and its consequences;
+ Mandatory removal or public correction of false advertising contents;
+ Revocation of advertising licenses or suspension of advertising activities. - Civil liability: Consumers suffering damage due to false advertising may file lawsuits for compensation under the Civil Code and the Law on Consumer Rights Protection.
- Criminal liability: Where false advertising causes serious harm to human health or life, violators may be prosecuted under:
+ Crime of manufacturing or trading counterfeit drugs (Article 194);
+ Crime of false advertising (Article 197);
+ Crime of illegal provision or use of information on computer or telecommunication networks (Article 288).
III. Questions on healthcare advertising
1. Is prior approval required for healthcare advertising?
Advertising of special products, goods, and services may only be conducted after obtaining advertising content verification from the competent state authority. Medical examination and treatment services are classified as special services and must undergo advertising content verification under Article 20 of Circular No. 09/2015/TT-BYT.
2. What are the sanctions if a healthcare advertisement misleads consumers?
If a healthcare advertisement misleads consumers, the violating establishment may face:
- Monetary fines ranging from 20 million VND to 100 million VND or more, depending on the act (pursuant to Decree No. 117/2020/ND-CP and Decree No. 38/2021/ND-CP);
- Mandatory removal and correction of false information;
- Revocation of advertising license or suspension of activities;
- Civil lawsuits or criminal prosecution in cases of serious harm to patients’ health.
3. Can doctors and medical staff participate in advertising for their own facilities, and under what conditions?
Doctors and medical staff may participate in advertising for their own facilities, subject to strict conditions:
- They may not directly endorse or affirm the efficacy of drugs, medical devices, or health supplements unless expressly permitted by law.
- The use of physicians’ names to advertise drugs is prohibited (Point c, Clause 6, Article 3 of Decree No. 181/2013/ND-CP).
- They may participate in general communications introducing the medical facility’s services, provided the content is truthful, not misleading, and compliant with law.
4. What steps should healthcare facilities take to ensure legal compliance in advertising?
Healthcare facilities should follow these steps:
- Verify the legal status of the products/services to be advertised (circulation license, practicing certificate, operational eligibility, etc.);
- Draft advertising contents in compliance with regulations, avoiding prohibited terms such as “only,” “the best,” “100% effective,” etc.;
- Submit dossiers for advertising content verification to the Department of Health or the Ministry of Health;
- Launch advertising only after obtaining verification certificates;
- Maintain dossiers and evidence of advertising contents throughout the advertising campaign.
5. What forms of healthcare advertising are lawful and permitted?
Permissible forms of healthcare advertising include:
- Advertising via television, radio, print, and online newspapers;
- Advertising on social media and official websites of healthcare facilities;
- Leaflets, banners, and posters displayed at business premises, trade fairs, or exhibitions;
- Seminars and professional conferences (subject to licensing if containing advertising contents);
- Video advertisements in elevators, buses, or public screens (with lawful content).
Conditions must be observed, such as:
- Advertising of drugs must comply with the Law on Advertising and have a valid circulation license and Ministry of Health–approved leaflet (Point a, Clause 4, Article 20 of the Law on Advertising 2012, as amended in 2018, 2024, and 2025);
- Advertising of medical examination and treatment services requires a practicing certificate or license issued by the health authority (Point e, Clause 4, Article 20 of the Law on Advertising 2012, as amended);
- Compliance with conditions under Article 5 and Article 11 of Circular No. 09/2015/TT-BYT on verification of advertising contents.
IV. Should legal counsel be sought for support in healthcare advertising compliance?
Seeking legal advice is highly recommended in healthcare advertising because:
- Lawyers can determine whether a form of advertising requires prior approval;
- Assist in preparing dossiers and verifying the legality of advertising contents;
- Prevent risks of penalties due to prohibited language, unlawful images, or overbroad claims;
- Provide solutions for disputes or administrative sanctions in healthcare advertising.
If you require further legal advice on healthcare advertising, please contact NPLaw for direct consultation and guidance.
