If only assessing images and prices of products are posted, there is no need to register for endorsement of advertising content with specialized agencies. If posting advertisement contents related to the use of products, registration of certification of advertising contents must be made with competent agencies.

Through the receiving and responding system to businesses’ recommnedations,the  Demax Vietnam Joint Stock Company would like to request authorities to guide some regulations on advertising functional foods on e-commerce websites.

The Demax Vietnam Joint Stock Company is a wholesale and retail agent of functional foods. The company sells functional foods at pharmacies, supermarkets and on e-commerce trading floors such as Tiki, Lazada, Adayroi, ...

When selling goods at E-commerce trading floor, the website shall post photos, prices and other information of functional foods as prescribed in Article 28 of Decree No. 52/2013 / ND-CP. e-commerce and links to products for customers to purchase and make sales in accordance with the website.

The company would like to ask, is selling a product on an E-commerce trading floor, posting information as above as an advertising act prescribed in Clause 1, Article 2 of the 2012 Advertising Law?

Is the posting and sale of goods on e-commerce trading floor required to be certified by the Ministry of Health before posting and selling websites according to the provisions of Point a, Clause 3, Article 1 of Circular No. 09/2015 / TT-BYT or not?

Regarding this issue, The Department of Food Safety, Ministry of Health has the following opinions:

In Article 2 of the Advertising Law stipulates,Advertising is the employment of various means in order to present the public with the profitable products, goods and service; non-profitable products and services; organizations and individuals trading and providing the presented products, goods and services, except for news, social policies; personal information.

According to Clause 6, Article 37 of Decree No. 52/2013 / ND-CP dated May 16, 2013 on e-commerce, defining the responsibilities of sellers on e-commerce trading floor:“ To comply with the laws on payment, advertising, promotion, protection of intellectual property rights, protection of consumer interests and other relevant laws when selling goods or providing services on the e-commerce trading floor.”.

According to Clause 23, Article 2 of the Law on Food Safety, functional foods include: Complementary foods, health supplements, medical nutritional foods.

According to Article 26 of Decree No. 15/2018 / ND-CP detailing the implementation of a number of articles of the Food Safety Law, foods that be subject to registration of contents before advertising include:

- Health supplements, medical nutrition foods, foods for special diets.

- Nutrition products for children up to 36 months of age are not banned from advertising as prescribed in Article 7 of the Law on Advertising.

Therefore, if Demax Vietnam Joint Stock Company only publishes photos and prices of products, it is not necessary to register to confirm advertising content with specialized agencies.

In case of posting advertisement contents related to the use of products, registration of certification of advertisement contents must be made with competent agencies.

The Company also noted not to give prohibited information in accordance with the Advertising Law, Decree No. 181/2013 / ND-CP of the Government detailing the implementation of some articles of the Advertising Law and the Prohibited in Decree No. 15/2018 / ND-CP detailing the implementation of a number of articles of the Law on Food Safety.