Health-supplement advertising approval moves to provincial People's Committees on 1 July 2026
Resolution 21/2026/NQ-CP decentralises Decree 15/2018 advertising approval from VFA to 63 provincial UBNDs, aiming to simplify dossiers; the Ministry of Health retains post-approval surveillance.
Vietnam is decentralising the approval of advertising content for health-supplement (thực phẩm bảo vệ sức khỏe — TPBVSK) products from the central Vietnam Food Administration (VFA) to the People's Committees of provinces and centrally-administered cities (UBND tỉnh, thành phố). The change takes effect on 1 July 2026.
The shift is mandated by Resolution 21/2026/NQ-CP (signed 29 April 2026), the Government's omnibus measure to cut red tape and simplify administrative procedures in healthcare. The underlying advertising regime — Decree 15/2018/NĐ-CP, Article 27 Section 5 — remains intact; only the authority that signs off on each advertising-content verification certificate changes.
Current procedure (unchanged after the transfer):
- Companies submit a complete advertising-content dossier; the agency must issue or deny the certificate within 10 working days of receiving a valid file.
- The reviewing agency may request one revision, citing the specific legal basis for each comment.
- Applicants have 10 working days to submit the revision; after 90 days without a response the file lapses.
- Approved certificates are published on the agency website and the food-safety database — the receiving provincial UBND inherits the same disclosure obligation.
Legal framework to re-read before 1 July 2026:
- Resolution 21/2026/NQ-CP (29 April 2026) — the decentralisation mandate, effective 1 July 2026.
- Decree 15/2018/NĐ-CP, Article 27 — the substantive procedure for verifying advertising content for food products, which survives the transfer of authority.
- Circular 09/2015/TT-BYT — Ministry of Health detailed rules on advertising healthcare-related goods, including the format of the advertising-content dossier and post-approval reporting.
- Law on Advertising 16/2012/QH13 — the head statute; health-supplements and medicines are regulated as "special products" requiring pre-clearance.
- Law on Food Safety 55/2010/QH12 — the parent law defining "thực phẩm bảo vệ sức khỏe" (TPBVSK) and assigning regulatory competence.
- Decree 38/2021/NĐ-CP — the administrative-penalty regime for cultural and advertising violations; the national framework continues to govern enforcement even after approvals move to the provinces.
Implications for foreign sponsors and importers:
- Dossier intake will fragment across 63 provincial UBNDs. Expect interpretation variance — particularly around claim text ("supports immunity", "improves digestion") and the link between claim wording and the underlying scientific dossier.
- File the application with the UBND of the locality where the marketing-authorisation holder (đại diện công bố sản phẩm) is registered. For multi-province campaigns, plan ahead which UBND will be the lead approver.
- The Ministry of Health (Bộ Y tế) is not retreating: officials told VnEconomy that post-approval monitoring will intensify across television, social media (Facebook, TikTok, Zalo) and e-commerce platforms (Shopee, Lazada, TikTok Shop). Discrepancies between the approved copy and the deployed creatives are the most common enforcement trigger.
- Keep clean evidence packs: an exact match between (a) the approved advertising-content certificate, (b) the product self-declaration / registration file held at VFA, and (c) the deployed marketing assets across every channel.
What it means in practice:
- Faster approvals where the receiving UBND is well-staffed; potential slowdowns where local capacity is thin.
- The claim wording in the original VFA product registration becomes the legal ceiling for what any UBND can later approve — invest in that file.
- Centralised post-market monitoring means a non-compliant ad in one province can still trigger national administrative-penalty proceedings under Decree 38/2021/NĐ-CP.
Source: VnEconomy, "Từ 1/7, UBND các tỉnh, thành sẽ cấp phép quảng cáo thực phẩm chức năng" (Châu Anh, 6 May 2026).