Nowadays, beauty activities are becoming increasingly popular and widely sought after. In particular, for many women, beauty products (cosmetics) are indispensable items in their daily lives. Therefore, besides ensuring in qualified and safe conditions, investors also consider advertising for these cosmetics. Thus, are licenses required for cosmetic advertising activities? How is a cosmetic advertising license regulated? Let’s explore this topic with NPLaw through the article below.
I) Is a license required to advertise cosmetics?
Cosmetics have become highly favored by many women and are considered essential products. As a result, many manufacturers have released a variety of product lines. To bring these products closer to consumers, advertising is a commonly chosen method by many brands. So, is it mandatory to obtain a license when advertising cosmetics?
According to Articles 1 and 2 of Circular No. 09/2015/TT-BYT, all cosmetic advertising activities are required to obtain a license in accordance with the law.
II) Regulations on cosmetic advertising licenses
Based on Article 12 of Circular No. 09/2015/TT-BYT, a cosmetic advertising license is issued by the Department of Health to an enterprise to confirm that the content of the cosmetic advertising meets all legal requirements.
Only enterprises possessing a cosmetic advertising license are authorized to conduct cosmetic advertising activities. Pursuant to Point a, Clause 2, Article 12 of Circular No. 09/2015/TT-BYT, the authority to issue cosmetic advertising licenses under the provincial-level Departments of Health under the central government. In cases where cosmetic advertising is conducted through conferences, seminars, or events, the Department of Health where the event is scheduled to take place will be responsible for issuing the content confirmation for the advertising.
III) Conditions for obtaining a cosmetic advertising license
To be granted a cosmetic advertising license, the applicant must fulfill the legal requirements concerning advertising content.
Article 4 of Circular No. 09/2015/TT-BYT stipulates the general conditions for advertising content confirmation as follows:
- The advertising content must comply with the legal provisions on advertising and must not contain any prohibited acts as stated in Article 8 of the Law on Advertising.
- Speech, words, and images used in the advertising must be concise, commonly understood, and comply with Article 18 of the Law on Advertising.
More specific conditions for confirming the content of cosmetic advertising are found in Article 6 of Circular No. 09/2015/TT-BYT:
- Cosmetics must meet the advertising conditions specified in Point b, Clause 4, Article 20 of the Law on Advertising.
- The advertising content must comply with Article 4 of Decree No. 181/2013/ND-CP.
- A complete application dossier as prescribed in Article 15 of Circular No. 09/2015/TT-BYT must be submitted.
- The entity requesting content confirmation must be either the organization named in the product notification form, its representative office in Vietnam, or a legally authorized entity in writing.
Therefore, to be eligible to apply for a cosmetic advertising license, all conditions regarding form and content must be met in accordance with the law.
IV) Procedures for obtaining a cosmetic advertising license
Before proceeding with the application process, applicants must prepare a dossier as prescribed in Article 15 of Circular No. 09/2015/TT-BYT, including the following documents:
- Documents as stated in Article 13 of this Circular;
- The cosmetic notification form approved by the competent authority;
- Valid and reliable documents proving the features or uses of the product if the advertising includes features or uses not listed in the approved product notification form.
Once a complete and valid dossier has been prepared, the entity seeking the cosmetic advertising license must follow the procedures outlined in Article 20 of Circular No. 09/2015/TT-BYT:
- The organization or enterprise must create an account to submit the advertising license application: Currently, all cosmetic advertising license applications are submitted online through the portal of the confirming authority.
- Dossier evaluation at the licensing authority: The provincial/municipal Department of Health is the competent authority to issue the cosmetic advertising license. Within 10 working days from the date of receiving a complete and valid dossier, the competent state agency will issue the license.
- The enterprise may carry out advertising activities based on the confirmed content: Once the content confirmation certificate is issued, the enterprise may proceed to advertise in accordance with the approved content.
V) Questions about cosmetic advertising licenses
Although regulations on cosmetic advertising licenses are clearly stated in the Law on Advertising and Circular No. 09/2015/TT-BYT, many questions still arise in practice.
1. What is the fine for advertising cosmetics without a license?
Cosmetic advertising is a regulated activity that requires a license. Therefore, if a business advertises cosmetics without obtaining a license, it will be subject to fines.
According to Article 51 of Decree No. 38/2021/ND-CP on administrative fines in the field of culture and advertising, enterprises that advertise cosmetics without a license will be fined from 15,000,000 VND to 20,000,000 VND.
2. Which authority is responsible for issuing cosmetic advertising licenses?
Many people wonder where to submit their application and which authority is responsible for issuing the license. According to Article 12 of Circular No. 09/2015/TT-BYT, the competent authority is:
The provincial-level Department of Health under the central government is responsible for issuing confirmation of cosmetic advertising content. In cases of advertising through conferences, seminars, or events, the Department of Health in the locality where the event is scheduled will issue the confirmation.
