Consolidated Document number 3977/VBHN - BVHTTDL detailing the implementation of certain provisions of the Advertising Law - 3977/VBHN

DECREE

Detailed Implementation of Certain Provisions of the Advertising Law

Decree No. 181/2013/ND-CP dated November 14, 2013 of the Government detailing certain provisions of the Advertising Law was amended and supplemented by:

Decree No. 54/2017/ND-CP dated May 8, 2017 detailing certain provisions and measures to implement the Drug Law, which took effect from July 1, 2017.^[1]

Decree No. 123/2018/ND-CP dated September 17, 2018 amending and supplementing several Decrees on conditions for investment and business in the agricultural sector, which took effect from September 17, 2018.^[2]

Decree No. 11/2019/ND-CP dated January 30, 2019 stipulating administrative procedures related to the submission of certified copies of documents within the scope of management functions of the Ministry of Culture, Sports and Tourism, which took effect from March 15, 2019.^[3]

Decree No. 70/2021/ND-CP dated July 20, 2021 amending and supplementing certain provisions of Decree No. 181/2013/ND-CP dated November 14, 2013 of the Government detailing certain provisions of the Advertising Law, which took effect from September 15, 2021.^[4]

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Advertising Law dated June 21, 2012;

At the proposal of the Minister of Culture, Sports and Tourism,

The Government promulgates this Decree detailing the implementation of certain provisions of the Advertising Law.

Chapter 1.GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details the implementation of certain provisions of the Advertising Law concerning the content of advertisements for special products, goods, and services; advertising on websites of foreign organizations and individuals operating cross-border advertising services generating advertising revenue in Vietnam; outdoor advertising planning; representative offices of foreign advertising enterprises in Vietnam and the division of responsibilities for state management of advertising.

Article 2. Applicability

This Decree applies to Vietnamese organizations and individuals; foreign organizations and individuals participating in advertising activities on the territory of Vietnam.

Chapter 2.CONTENT OF ADVERTISEMENTS FOR SPECIAL PRODUCTS, GOODS AND SERVICES

Article 3. Advertising of Medicines ^[5](Repealed)

Article 4. Advertising of Cosmetics

1. The content of cosmetic advertisements must be consistent with the following documents:

a) The product registration form for cosmetics in accordance with laws on pharmaceuticals;

b) Documents proving the safety and efficacy of cosmetics and compliance with international association guidelines on product claims (if applicable).

2. Cosmetic advertisements must include the following contents:

a) Name of the cosmetic;

b) Function and benefits of the cosmetic;

c) Name and address of the organization or individual responsible for bringing the product to market;

d) Warnings as prescribed by international agreements.

3. It is not allowed to advertise cosmetics in a manner that misleads consumers into believing they are medicines.

4. When advertising cosmetics on radio or television, the contents specified in Points a, b, and d of Clause 2 of this Article must be clearly read out.

Article 5. Advertising of Food and Food Additives

1. The content of food and food additive advertisements must be consistent with the Certificate of Acceptance of Declaration of Compliance or the Confirmation of Compliance with Food Safety Regulations.

2. Food and food additive advertisements must include the following contents:

a) Name of the food or food additive;

b) Name and address of the organization or individual responsible for bringing the product to market.

3. Functional food advertisements must comply with the provisions of Clause 2 of this Article and the following contents:

a) Main effects and side effects (if any);

b) Warning "This product is not a medicine and does not replace drug treatment."

4. It is not allowed to advertise functional foods in a manner that misleads consumers into believing they are medicines.

5. When advertising functional foods on radio or television, the contents specified in Point a of Clause 2 and Clause 3 of this Article must be clearly read out.

Article 6. Advertising of chemicals, insecticides, and bactericides for household and medical use

1. The content of advertising for chemicals, insecticides, and bactericides for household and medical use must be consistent with the Registration Certificate for Circulation issued by the Ministry of Health.

2. Advertising for chemicals, insecticides, and bactericides for household and medical use must include the following contents:

a) The name of the chemical, insecticide, and bactericide for household and medical use;

b) The features and functions of the chemical, insecticide, and bactericide for household and medical use;

c) Name and address of the organization or individual responsible for bringing the product to market;

d) A warning to "Read the instructions carefully before use" or "Limit the scope of use for products containing chemicals listed in the restricted use list."

3. Advertising for chemicals, insecticides, and bactericides for household and medical use on radio and television broadcasts must clearly read out the contents specified in points a, b, and d of Clause 2 of this Article.

Article 7. Advertising of medical devices

1. The content of advertising for medical devices must be consistent with the Certificate of Free Circulation for domestically produced medical devices or the Import Permit for imported medical devices.

2. Advertising for medical devices must include the following contents:

a) The name of the medical device, type, manufacturer, country of manufacture;

b) Features, effects, usage instructions, storage conditions (if applicable);

c) Name and address of the organization or individual responsible for bringing the product to market.

Article 8. Advertising of milk products and supplementary nutrition products for children

1. The content of advertising for milk products and supplementary nutrition products for children must be consistent with the Acceptance Notice of Compliance Declaration or the Confirmation of Food Safety Compliance.

2. Advertising for milk products and supplementary nutrition products for children must include the following contents:

a) The name of the milk product and supplementary nutrition product for children;

b) Name and address of the organization or individual responsible for bringing the product to market.

Article 9. Advertising of medical examination and treatment services

1. The content of advertising for medical examination and treatment services must be consistent with the Medical Examination and Treatment Service Operation Permit for medical examination and treatment facilities or the Medical Practice Certificate for medical practitioners.

2. Advertising for medical examination and treatment services must include the following contents:

a) The name and address of the medical examination and treatment facility where the permit to operate has been granted;

b) The main professional technical activities recorded in the operation permit or practice certificate that have been authorized by the competent health authority.

Article 10. Advertising of plant protection chemicals, raw materials for plant protection chemicals, plant protection supplies, beneficial organisms for plant protection, veterinary drugs, and veterinary supplies

1. The content of advertising for plant protection chemicals, raw materials for plant protection chemicals, and plant protection supplies must be consistent with the Registration Certificate for Plant Protection Chemicals.

2. The content of advertising for beneficial organisms for plant protection must be consistent with the Plant Quarantine Permit.

3. The content of advertising for veterinary drugs and veterinary supplies must be consistent with the Product Circulation Permit and the summary of product characteristics.

4. Advertising for plant protection chemicals, raw materials for plant protection chemicals, plant protection supplies, beneficial organisms for plant protection, veterinary drugs, and veterinary supplies must include the following contents:

a) The name of the plant protection chemical, raw material for plant protection chemicals, plant protection supply, beneficial organism for plant protection, veterinary drug, and veterinary supply;

b) Features, effects, and precautions when using and storing.

c) Name and address of the organization or individual responsible for bringing the product to market.

Article 11. Advertising for fertilizers, biological products for crop cultivation, animal feed, biological products for animal husbandry, plant seeds, and animal breeds

1. The content of advertising for fertilizers, biological products for crop cultivation, animal feed, biological products for animal husbandry, plant seeds, and animal breeds must be consistent with the Product Quality Certificate or the product quality announcement.

2. Advertising for fertilizers, biological products for crop cultivation, animal feed, biological products for animal husbandry, plant seeds, and animal breeds must include the following contents:

a) Name of fertilizer, biological products for crop cultivation, animal feed, biological products for animal husbandry, plant seeds, and animal breeds;

b) Origin of raw materials in processing;

c) Name and address of the organization or individual responsible for bringing the product to market.

Article 12. Requirements for confirmation of advertising content for special products, goods, and services

1. Advertising for special products, goods, and services specified from Article 3 to Article 11 of this Decree (excluding advertising for animal feed) shall only be implemented after obtaining confirmation of the advertising content from the competent state agency. ^[6].

2. The Ministry of Health, the Ministry of Agriculture and Rural Development, and the Ministry of Industry and Trade have the responsibility to confirm the advertising content for special products, goods, and services under their assigned management areas or according to the delegated authority to confirm as prescribed.

3. Within ten working days from the date of receiving complete and valid application for confirmation of advertising content, the agency specified in Clause 2 of this Article must issue a written confirmation of the advertising content. In case of disagreement, a written response stating the reasons must be provided.

Chapter 3. ADVERTISING ON THE WEBSITE OF FOREIGN ORGANIZATIONS AND INDIVIDUALS OPERATING CROSS-BORDER ADVERTISING SERVICES GENERATING ADVERTISING REVENUE IN VIETNAM

Article 13. Activities of providing cross-border advertising services in Vietnam ^[7]

1. Providing cross-border advertising services in Vietnam refers to foreign organizations and individuals using websites to provide advertising services through systems located outside Vietnam's territory, targeting users in Vietnam, generating revenue in Vietnam.

2. Websites providing cross-border advertising services referred to in this Decree are information systems using one or more web pages in the form of symbols, numbers, letters, images, sounds, and other types of information to provide users on the network with storage, provision, use, search, exchange, sharing of sound and image information, creating forums (forums), online chatting (chats) to provide advertising services.

3. Advertisers, publishers, and advertisers both inside and outside Vietnam participating in cross-border advertising service provision activities in Vietnam must comply with Vietnamese laws on advertising, cybersecurity regulations, and regulations on management, provision, and use of Internet services and information on the network; they must pay taxes according to tax laws.

4. Foreign organizations and individuals operating cross-border advertising services in Vietnam must comply with the rights and obligations stipulated in Article 13 of the Advertising Law and the following provisions:

a) Informing the Ministry of Information and Communications about the following information:

Name of organization, trading name, main office address where advertising service provision activities are registered; location of the main server system providing services and servers located in Vietnam (if any);

Contact person: name of the representative organization or individual in Vietnam (if any), email address, contact phone number;

Form and time of notification: 15 days before starting cross-border advertising service operations in Vietnam, foreign organizations and individuals must send a direct notification, or via postal service, or via electronic means to the Ministry of Information and Communications (Radio, Television, and Electronic Information Administration); Upon receipt of the notification, the receiving agency is responsible for issuing a written confirmation or electronic confirmation to the organization or enterprise within seven working days from the date of receipt of the notification;

b) Not placing advertisements in content that violates the law as stipulated in Clause 1 of Article 8 of the Cybersecurity Law and Article 28 of the Intellectual Property Law;

c) Implementing measures to block and remove illegal information upon request of the Ministry of Information and Communications and competent authorities as prescribed in Article 14 of this Decree; providing information about organizations and individuals related to cross-border advertising activities suspected of violating the law to competent authorities when requested.

5. Publishers and advertisers when entering into contracts with advertising service providers (including domestic and foreign organizations and individuals providing cross-border advertising services) have the right and obligation:

a) Requesting advertising service providers not to place advertisements in content that violates the law as stipulated in Clause 1 of Article 8 of the Cybersecurity Law and Article 28 of the Intellectual Property Law;

b) Requesting advertising service providers to implement technical solutions so that Vietnamese publishers and advertisers can control and remove advertisements that violate Vietnamese law from the service provision system.

6. Advertising service providers, publishers, and advertisers shall not cooperate in publishing advertisements on websites that have been publicly notified of violations of the law by competent authorities on the Ministry of Information and Communications' website.”

Article 14. Responsibilities for Managing Cross-border Advertising Activities ^[8]

1. Ministries, sectors, and localities shall be responsible for detecting and identifying cross-border advertisements that violate the law according to their assigned authorities under the legal provisions on management and administrative penalties in the field of advertising.

The Ministry of Information and Communications shall be the agency receiving notifications about cross-border advertisements that violate the law from ministries, sectors, and localities, and shall serve as the point of contact for sending requests to handle illegal advertisements to foreign organizations and individuals operating cross-border advertising services.

2. After receiving evidence of cross-border advertisements that violate the law, within five days, the Ministry of Information and Communications shall be responsible for reviewing and checking the content of violations and sending written or electronic requests for handling to foreign organizations and individuals operating cross-border advertising services. Information about illegal advertisements that have been sent to foreign organizations and individuals for handling will be publicly announced on the Ministry of Information and Communications' online portal. Upon receiving the request from the Ministry of Information and Communications, within 24 hours, foreign organizations and individuals operating cross-border advertising services must carry out the handling of illegal advertisements according to the request.

If, after the aforementioned period, foreign organizations and individuals fail to handle illegal advertisements according to the request without a valid reason, the Ministry of Information and Communications will implement measures to block illegal advertisements.

In cases where cross-border advertisements that violate the law are found to affect Vietnam's national security, competent Vietnamese authorities shall immediately implement measures to block illegal advertisements.

Blocking measures can only be removed after foreign organizations and individuals have handled the illegal advertisements according to the request of the Ministry of Information and Communications.

Article 15. Periodic Reporting ^[9]

1. Domestic service providers who cooperate with foreign organizations and individuals operating cross-border advertising services in Vietnam shall submit annual periodic reports (before December 31) or ad hoc reports when requested regarding cross-border advertising activities in Vietnam to the Ministry of Information and Communications (Broadcasting, Television, and Electronic Information Administration) using Form No. 01 issued together with this Decree.

Reports shall be submitted through one of the following methods: direct submission, postal service, or electronic means.

2. Provincial Departments of Information and Communications shall submit annual periodic reports (before December 31) or ad hoc reports when requested regarding their management functions and tasks concerning cross-border advertising activities in Vietnam to the Ministry of Information and Communications (Broadcasting, Television, and Electronic Information Administration).

Chapter 4. OUTDOOR ADVERTISING PLANNING

Article 16. Requirements for Outdoor Advertising Planning Locations

1. Not to be placed within traffic safety corridors, dike systems, or the national power grid.

2. To ensure no impact on urban architectural landscapes.

3. To determine locations for political propaganda and social benefit activities and commercial advertising.

Article 17. Documents for the Advertising Outdoor Planning Scheme

The documents for the Advertising Outdoor Planning Scheme include:

1. A submission from the competent authority to approve the planning scheme;

2. A draft decision from the competent authority to approve the planning scheme;

3. A draft of the Advertising Outdoor Planning Scheme including the following main contents:

a) Analysis and assessment of natural conditions and socio-economic conditions affecting outdoor advertising activities at the local level, and their impact on national defense and security;

b) Analysis and assessment of the current status of outdoor advertising activities at the local level;

c) Views and objectives for building the outdoor advertising planning scheme;

d) Estimated land area for outdoor advertising sign positions in the planning scheme according to the development requirements of each planning phase;

đ) Spatial orientation and technical infrastructure for outdoor advertising in central urban areas;

e) Proposals for types of outdoor advertising that need priority investment and resources to implement;

g) Extract map, perspective view of outdoor advertising locations shown at a scale of 1/25,000 or 1/50,000;

h) Implementation plan and budget estimate;

i) Summary, incorporation, and explanation of opinions from relevant agencies, organizations, and individuals.

Article 18. Procedures for Building, Approving, and Implementing Outdoor Advertising Planning Schemes

The Provincial People's Committee organizes the construction, approval, and implementation of outdoor advertising planning schemes according to the following procedures:

1. Drafting the proposal for the outdoor advertising planning scheme;

2. Soliciting public opinions from relevant agencies, organizations, and individuals;

3. Completing the documents and approving the outdoor advertising planning scheme;

4. Announcing the decision to approve and posting the planning scheme proposal and detailed planning drawings at the offices of the provincial people's committees and publishing them through local mass media;

5. Implementing the planning scheme and organizing bidding for advertising positions within the planning scheme in accordance with the laws on bidding.

Article 19. Adjustments to Outdoor Advertising Planning Schemes

1. The outdoor advertising planning scheme may be adjusted if there is an adjustment to the overall socio-economic development planning of the locality.

2. Any adjustment to the outdoor advertising planning scheme must be based on an analysis and evaluation of the implementation situation of the planning scheme in the previous phase to determine

the contents that need to be adjusted.

3. The Provincial People's Committee approves adjustments to the outdoor advertising planning scheme proposal in accordance with Articles 17 and 18 of this Decree.

Chapter 5. REPRESENTATIVE OFFICES OF FOREIGN ADVERTISING COMPANIES IN VIETNAM

Article 20. Documents, Procedures, and Authority for Issuing Business Registration Certificate for Representative Offices

1. The documents for requesting issuance of the Business Registration Certificate for a Representative Office include:

a) An application for issuance of the Business Registration Certificate for a Representative Office signed by the authorized representative of the foreign advertising company according to a form prescribed by the Ministry of Culture, Sports and Tourism;

b) A copy of the business registration certificate or other equivalent documents of the foreign company certified by the competent authority where the company was established or registered;

c) An audited financial report or other equivalent documents proving the existence and operation of the foreign advertising company in the most recent fiscal year;

d) The documents specified in Points b and c of this Clause must be translated into Vietnamese and authenticated by the diplomatic mission or consular office of Vietnam abroad and legalized according to Vietnamese law.

2. Procedures and formalities for issuing the Business Registration Certificate for a Representative Office:

a) The foreign advertising company submits directly or by mail one set of documents for requesting issuance of the Business Registration Certificate for a Representative Office to the Provincial People's Committee where the Representative Office will be located; ^[10]

b) Within ten days from the date of receiving complete valid documents, the Provincial People's Committee examines and issues the Business Registration Certificate for a Representative Office and sends a copy of the certificate to the Ministry of Culture, Sports and Tourism;

c) If the documents are incomplete, within three working days from the date of receipt of the documents, the Provincial People's Committee sends a letter requesting the foreign advertising company to supplement and complete the documents;

d) Within forty-five days from the date of issuance of the Business Registration Certificate, the Representative Office must commence operations and submit a notification to the Provincial People's Committee regarding the start date of operations, location of headquarters, number of Vietnamese employees, number of foreign employees working at the Representative Office, and the activities of the Representative Office.

Article 21. Cases Where a Representative Office Establishment Permit Will Not Be Issued

1. There is evidence showing that the establishment of a representative office would harm national independence, sovereignty, security, defense, historical traditions, culture, morality, and Vietnamese customs and practices.

2. Failure to supplement complete documentation as required by the competent authority issuing the permit.

3. Other cases as prescribed by law.

Article 22. Amendment and Supplement to the Representative Office Establishment Permit

1. Foreign advertising enterprises must request amendments and supplements to the Representative Office Establishment Permit in the following cases:

a) Change of name;

b) Change of scope of operations;

c) Change of head;

d) Change of location within the same province or centrally governed city.

2. Documentation for requesting amendment and supplement to the Representative Office Establishment Permit includes:

a) A request for amendment and supplement to the Representative Office Establishment Permit signed by an authorized representative of the foreign advertising enterprise according to a form prescribed by the Ministry of Culture, Sports and Tourism;

b) The Representative Office Establishment Permit: Submit a certified copy or a copy and present the original for verification (in case of direct submission); submit a certified copy (in case of submission via postal service). ^[11]

3. Within ten days from the date of receiving valid documentation from the foreign advertising enterprise, the provincial People's Committee shall be responsible for issuing the amended and supplemented permit and sending a copy of it to the Ministry of Culture, Sports and Tourism.

Article 23. Reissuance of the Representative Office Establishment Permit

1. The Representative Office Establishment Permit will be reissued in the following cases:

a) Change of name or place of registration of the foreign advertising enterprise to another country;

b) Change in the activities of the foreign advertising enterprise;

c) Loss or damage of the permit.

2. Within seven working days, the foreign advertising enterprise must complete the procedures for reissuing the Representative Office Establishment Permit.

3. Documentation for reissuing the Representative Office Establishment Permit includes:

a) A request for reissuance of the Representative Office Establishment Permit signed by an authorized representative of the foreign advertising enterprise according to a form prescribed by the Ministry of Culture, Sports and Tourism;

b) The original Representative Office Establishment Permit previously issued. ^[12]

4. The procedure for reissuing the Representative Office Establishment Permit shall be carried out in accordance with Clause 2, Article 20 of this Decree.

Article 24. Revocation of the Representative Office Establishment Permit; Termination of Operations of the Representative Office

1. The Representative Office Establishment Permit will be revoked in the following cases:

a) Operating contrary to its purpose or not in accordance with the contents stipulated in the permit;

b) Engaging in advertising service business activities;

c) Failing to report on the operations of the representative office annually for two consecutive years;

d) Not operating for six months from the date of issuance of the Representative Office Establishment Permit;

đ) Failing to submit reports as requested by the competent state agency within six months from the date of the written request.

2. The representative office will cease operations in the following cases:

a) At the request of the foreign advertising enterprise having a representative office in Vietnam and approved by the agency issuing the permit;

b) Being revoked according to Clause 1 of this Article;

c) When the foreign advertising enterprise ceases operations under the laws of the country where it was established or registered.

3. In cases of termination of operations as provided in Point a and Point c of Clause 2 of this Article, the foreign advertising enterprise must send a notice of cessation of operations of the representative office to the provincial People's Committee at least thirty days before the cessation date and must return the Representative Office Establishment Permit to the issuing authority.

Article 25. Fees for Issuing, Reissuing, Amending, and Supplementing the License to Establish Representative OfficesRepresentative office

1. Foreign advertising enterprises when requesting to issue, reissue, amend, or supplement the License to establish Representative Offices in Vietnam must pay fees as prescribed by law.

2. The Ministry of Finance shall specify in detail the fee levels, management, and use of the fees stipulated in Clause 1 of this Article.

Chapter 6.ASSIGNMENT OF RESPONSIBILITIES FOR STATE MANAGEMENT OF ADVERTISING

Article 26. Responsibilities of the Ministry of Culture, Sports and Tourism for State Management of Advertising

The Ministry of Culture, Sports and Tourism is responsible before the Government for performing state management functions over advertising nationwide, with the following tasks and powers:

1. Building and submitting to competent authorities for issuance, or issuing within its authority, mechanisms, policies, and laws governing advertising activities;

2. Guiding and urging the construction of outdoor advertising planning at local levels;

3. Establishing and organizing the review board for advertising products;

4. Organizing training and professional development in specialized knowledge and management in advertising activities;

5. Inspecting, supervising, and handling violations of advertising laws according to the provisions of the law;

6. International cooperation in the field of advertising;

7. Other tasks as prescribed by law.

Article 27. Responsibilities of Relevant Ministries for State Management of Advertising

1. The Ministry of Information and Communications within its scope of duties and powers has the following responsibilities:

a) Implementing tasks related to managing advertising in the press, on the internet, in publications, and integrated advertising on postal, telecommunications, and information technology products and services according to the law;

b) Issuing, amending, supplementing, and revoking Licenses for broadcasting channels and programs dedicated to advertising on radio and television;

c) Accepting procedures for notification of supplements dedicated to advertising for printed newspapers;

d) Inspecting and supervising compliance with the law in advertising activities in the press, on the internet, in publications, and integrated advertising on postal, telecommunications, and information technology products and services.

2. The Ministry of Health, the Ministry of Agriculture and Rural Development, and the Ministry of Industry and Trade within their scope of duties and powers have the following responsibilities:

a) Cooperating with the Ministry of Culture, Sports and Tourism in state management of advertising; managing the content of advertising for special products, goods, and services under their assigned sectors and fields;

b) Organizing the implementation of legal regulations on advertising for special products, goods, and services under their management;

c) Inspecting and supervising compliance with advertising laws in their assigned sectors.

3. Ministries, ministerial-level agencies, and government agencies within their scope of duties and powers have the responsibility to perform state management of advertising according to their authority.

Article 28. Responsibilities of Provincial People's Committees for State Management of Advertising

Provincial People's Committees are responsible for state management of advertising activities within their jurisdiction, with the following tasks:

1. Issuing, reissuing, amending, supplementing, and revoking Licenses to establish Representative Offices of foreign advertising enterprises;

2. Organizing the construction, approval, and implementation of outdoor advertising planning within their jurisdiction;

3. Organizing and guiding the implementation of legal provisions on advertising at the local level;

4. Organizing training and professional development to enhance management and expertise in advertising at the local level;

5. Inspecting, supervising, and handling violations of advertising activities according to their authority;

6. Reporting regularly on the management of advertising activities within their jurisdiction to the Ministry of Culture, Sports and Tourism by December 31 each year and reporting promptly as required by competent state authorities.

7. Other tasks as prescribed by law.

Chapter 7. IMPLEMENTING PROVISIONS^[13]

Article 29. Effective Date

This Decree shall take effect from January 1, 2014.

Article 30. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities, and relevant organizations and individuals are responsible for implementing this Decree./.

^{____________________________}

^[1] Decree No. 54/2017/ND-CP dated May 8, 2017 detailing certain provisions and measures to implement the Law on Medicines was promulgated based on the following:

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Medicine Law dated April 6, 2016;

At the proposal of the Minister of Health;

The Government promulgates the Decree detailing certain provisions and measures to implement the Law on Medicines

^[2] Decree No. 123/2018/ND-CP dated September 17, 2018 amending and supplementing certain Decrees on conditions for investment and business in the agricultural sector was promulgated based on the following:

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Investment Law dated November 26, 2014 and the Law amending and supplementing Article 6 and Appendix 4 on the list of industries and businesses subject to conditional investment and business of the Investment Law dated November 22, 2016;

At the proposal of the Minister of Agriculture and Rural Development;

The Government promulgates the Decree amending and supplementing certain Decrees on conditions for investment and business in the agricultural sector.

^[3] Decree No. 11/2019/ND-CP dated January 30, 2019 stipulating administrative procedures related to the requirement to submit certified copies of documents within the scope of management functions of the Ministry of Culture, Sports and Tourism was promulgated based on the following:

Pursuant to the Law on Government Organization dated June 19, 2015;

At the proposal of the Minister of Culture, Sports and Tourism;

The Government promulgates the Decree amending and supplementing certain articles of Decrees stipulating administrative procedures related to the requirement to submit certified copies of documents within the scope of management functions of the Ministry of Culture, Sports and Tourism.

^[4] Decree No. 70/2021/ND-CP dated July 20, 2021 amending and supplementing certain articles of Decree No. 181/2013/ND-CP dated November 14, 2013 of the Government detailing certain provisions of the Advertising Law was promulgated based on the following:

Pursuant to the Law on the Organization of the Government dated June 19, 2015; the Law amending and supplementing certain articles of the Law on the Organization of the Government and the Law on the Organization of Local Administration dated November 22, 2019; Pursuant to the Advertising Law dated June 21, 2012;

||| Pursuant to the Cyber Security Law dated June 12, 2018;

At the proposal of the Minister of Information and Communications;

The Government promulgates the Decree amending and supplementing certain articles of Decree No. 181/2013/ND-CP dated November 14, 2013 of the Government detailing certain provisions of the Advertising Law.

^[5] This provision is repealed pursuant to Point a Clause 2 Article 144 of Decree No. 54/2017/ND-CP dated May 8, 2017 detailing certain provisions and measures to implement the Law on Medicines, which takes effect from July 1, 2017.

^[6] The phrase "except for feed advertising" is added pursuant to Article 5 of Decree No. 123/2018/ND-CP dated September 17, 2018 amending and supplementing certain Decrees on conditions for investment and business in the agricultural sector, which takes effect from September 17, 2018.

^[7] This provision is amended pursuant to Clause 1 Article 1 of Decree No. 70/2021/ND-CP dated July 20, 2021 amending and supplementing certain articles of Decree No. 181/2013/ND-CP dated November 14, 2013 of the Government detailing certain provisions of the Advertising Law, which takes effect from September 15, 2021.

^[8] This provision is amended pursuant to Clause 1 Article 1 of Decree No. 70/2021/ND-CP dated July 20, 2021 amending and supplementing certain articles of Decree No. 181/2013/ND-CP dated November 14, 2013 of the Government detailing certain provisions of the Advertising Law, which takes effect from September 15, 2021.

^[9] This provision has been amended pursuant to Clause 3, Article 1 of Decree No. 70/2021/NĐ-CP dated July 20, 2021, amending and supplementing certain articles of Decree No. 181/2013/NĐ-CP dated November 14, 2013 of the Government detailing the implementation of certain provisions of the Advertising Law, which took effect from September 15, 2021.

^[10] This point has been amended pursuant to Clause 1, Article 3 of Decree No. 11/2019/NĐ-CP dated January 30, 2019, stipulating administrative procedures related to requests for submission of certified copies of documents within the scope of management functions of the Ministry of Culture, Sports and Tourism, which took effect from March 15, 2019.

^[11] This point has been amended pursuant to Clause 2, Article 3 of Decree No. 11/2019/NĐ-CP dated January 30, 2019, stipulating administrative procedures related to requests for submission of certified copies of documents within the scope of management functions of the Ministry of Culture, Sports and Tourism, which took effect from March 15, 2019.

^[12] This point has been amended pursuant to Clause 3, Article 3 of Decree No. 11/2019/NĐ-CP dated January 30, 2019, stipulating administrative procedures related to requests for submission of certified copies of documents within the scope of management functions of the Ministry of Culture, Sports and Tourism, which took effect from March 15, 2019.

^[13] Article 144 and Article 145 of Decree No. 54/2017/NĐ-CP dated May 8, 2017, detailing certain provisions and measures for the implementation of the Drug Law, which took effect from July 1, 2017, are as follows:

“Article 144. Effective Date

1. This Decree takes effect from July 1, 2017.

2. Abolish the following documents:

a) The provisions on drug advertising in Clause 3 of Decree No. 181/2013/NĐ-CP dated November 14, 2013 of the Government detailing the implementation of certain provisions of the Advertising Law;

b) Decree No. 79/2006/NĐ-CP dated August 9, 2006 of the Government detailing the implementation of certain provisions of the Drug Law;

c) Decree No. 89/2012/NĐ-CP dated October 24, 2012 of the Government amending and supplementing certain articles of Decree No. 79/2006/NĐ-CP dated August 9, 2006 of the Government detailing the implementation of certain provisions of the Drug Law;

d) Decree No. 102/2016/NĐ-CP dated July 1, 2016 of the Government stipulating conditions for drug business.

3. In cases where laws and regulations referred to in this Decree are changed, supplemented, or replaced, they shall be implemented according to the new laws and regulations.

Article 145. Responsibility for Implementation

1. The Minister of Health is responsible for guiding and organizing the implementation of this Decree.

2. The Chairpersons of People's Committees of provinces and centrally governed cities shall assign provincial Health Departments to organize the receipt and review of resubmitted price registration files for domestically produced drugs from entities with production facilities located within their respective provinces or cities.

3. The procedures for online publication, registration, and application for permits shall be carried out according to the schedule prescribed by the Minister of Health.

4. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.

Article 8 and Article 9 of Decree No. 123/2018/NĐ-CP dated September 17, 2018, amending and supplementing certain Decrees on conditions for investment and business activities in the agricultural sector, shall take effect from September 15, 2021, and are stipulated as follows:

“Article 8. Effective Date

This Decree takes effect from the date of issuance.

Article 9. Responsibility for implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central cities are responsible for guiding and implementing this Decree./.

Article 7 and Article 8 of Decree No. 11/2019/NĐ-CP dated January 30, 2019, concerning administrative procedures related to requests for submitting certified copies of documents within the scope of management functions of the Ministry of Culture, Sports and Tourism, shall take effect from March 15, 2019, and are stipulated as follows:

“Article 7. Effective Date

This Decree shall take effect from March 15, 2019.

Article 8. Responsibility for Implementation

The Minister of Culture, Sports and Tourism, the Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central cities are responsible for implementing this Decree./.

a) Establish a secretariat to review applications for issuance, reissuance, and adjustment of practice licenses within their jurisdictional management;

b) Establish an advisory council to provide advice for cases of disputes during the process of issuing, reissuing, adjusting, and extending practice licenses within their jurisdictional management;

c) Establish an inspection team to issue, reissue, and adjust operation permits within their jurisdictional management.

Article 2 of Decree No. 70/2021/NĐ-CP dated July 20, 2021, amending and supplementing certain provisions of Decree No. 181/2013/NĐ-CP dated November 14, 2013 of the Government detailing implementation of certain provisions of the Advertising Law, shall take effect from September 15, 2021, and is stipulated as follows:

“Article 2. Implementation clause

1. This Decree shall take effect from September 15, 2021.

2. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees at all levels, and organizations and individuals concerned are responsible for implementing this Decree.”