Drugs and health supplements are the two most tightly controlled advertising categories in Vietnam: content must be confirmed by the regulator before release, and any claim of a complete cure or absolute efficacy sits in prohibited territory. Since 15 May 2026, advertising sanctions sit in Decree 87/2026/ND-CP, with materially higher fines than before.
Legal basis
- Decree 87/2026/ND-CP on administrative sanctions in culture and advertising (replacing Decree 38/2021/ND-CP, effective 15 May 2026): Article 50 on false or misleading advertising, Article 51 on advertising performers, Article 6 on the fine convention.
- Law on Advertising 16/2012/QH13 (as amended) and Law on Pharmacy 105/2016/QH14: drug advertising requires a content confirmation; supplement advertising must be confirmed before release.
- Article 94 of Decree 87/2026/ND-CP: transitional treatment based on when the violation occurred.
How large are the fines?
Under Clause 5, Article 50 of Decree 87/2026/ND-CP, advertising that is untruthful or misleading as to a product capability or efficacy is fined from VND 80,000,000 to VND 100,000,000, and this is the INDIVIDUAL bracket: Article 6 of the Decree sets Chapter II and III fines at the individual level, so an offending organisation pays double, namely VND 160,000,000 to VND 200,000,000 for a pharmaceutical company or supplement distributor. This reversed convention is the single most common reading error under the new Decree. Alongside the fine sit remedial measures: removal of the offending content, public correction and recall of published advertising materials. Advertising without a content confirmation, or deviating from the confirmed content, is sanctioned under the corresponding conduct and must stop immediately.
What content counts as non-compliant?
Four recurring error groups: (1) presenting a drug or supplement as a definitive cure, using wording such as complete cure, root-cause treatment or 100 percent efficacy, or using images of doctors and medical staff to endorse the product without permission; (2) claims exceeding the efficacy registered in the product dossier or the confirmed advertising content, for example a supplement registered only to support immunity being advertised as cancer prevention; (3) advertising prescription-only drugs to the general public, which is absolutely prohibited, as such drugs may only be communicated within professional channels to healthcare staff; and (4) fabricated test results, certificates or research citations. For foreign investors, note that global campaign content is not automatically lawful in Vietnam: a claim accepted in the EU or Japan can still be non-compliant if it exceeds the content confirmed in Vietnam.
Can the advertising confirmation be withdrawn?
Yes. Where content is misleading or the product changes against the confirmed dossier, the confirming authority may withdraw the advertising content confirmation; from that moment, any release under that content counts as unconfirmed advertising. In more serious cases the violation can also trigger review of the product circulation status itself: cancellation of a drug marketing authorisation or a supplement declaration sits with the drug and food-safety regulators, independently of the advertising fine.
Who is liable when an agency creates the offending ad?
Administrative liability does not shift to the agency by contract. The product owner, as the advertiser under advertising law, bears primary responsibility for the content; the agency and the individual endorser (including KOLs and influencers) are each sanctioned for their own conduct, with Article 51 of Decree 87/2026/ND-CP addressing advertising performers specifically. The service contract only supports a later civil indemnity claim against the agency. A safe workflow for an FDI advertiser is: settle claims for Vietnam first, obtain the content confirmation, lock the approved creative version in the agency contract and periodically audit what is actually published on digital channels.
Frequently asked questions
How much is non-compliant drug or supplement advertising fined?
Untruthful or misleading efficacy advertising is fined VND 80-100 million for individuals under Clause 5, Article 50 of Decree 87/2026/ND-CP; organisations pay double under the Article 6 convention, i.e. VND 160-200 million, plus removal and correction of the content.
What advertising content is treated as non-compliant?
Definitive-cure and absolute-efficacy claims; claims beyond the registered and confirmed content; advertising prescription drugs to the public; and use of medical staff imagery, fake certificates or fabricated research to promote the product.
Can the advertising license be revoked?
Yes. The advertising content confirmation is withdrawn where content is misleading or the product departs from the confirmed dossier; continued release is then treated as unconfirmed advertising, and the product registration itself may be reviewed.
Who is responsible when an agency advertises incorrectly?
The product owner bears primary responsibility and cannot contract out of administrative liability; the agency and the individual advertiser, including KOLs, are also sanctioned for their own conduct under Decree 87/2026/ND-CP. The owner may only claim civil indemnity from the agency under the contract.
This article has been quality-reviewed by the FLAW AI Legal Council