Advertising medical services and drugs: rules FDI companies must know

Healthcare is the most tightly controlled advertising sector in Vietnam, because an exaggerated claim can cost patients their health rather than merely their money. FDI companies opening clinics, hospitals or distributing drugs often import marketing habits from their home market, and that is exactly where the risk starts: much content considered normal abroad falls into the prior-confirmation group, or is banned outright, in Vietnam.

The baseline rule: healthcare advertising needs prior content confirmation

Drugs and medical examination and treatment services belong to the special goods and services group whose advertising content must be confirmed by the competent state authority before advertising, under Law on Advertising 16/2012/QH13 and health sector guidance. For drugs the confirming body is the Drug Administration; for treatment services competence sits with the health authority under the applicable decentralisation. A confirmation attaches to the exact approved content, so changing wording, images or adding functions after confirmation requires a fresh procedure for the changed part.

Confirmation covers every advertising format, not just print or television: a clinic’s website, social media posts, short videos and influencer content produced for a healthcare facility all count as advertising when they present services or drugs to the public. FDI companies therefore need a central content clearance process in which every marketing asset is checked against the operating licence, the approved technique list and the confirmed content.

Content that is banned or tightly restricted

Advertising prescription drugs to the public is prohibited; over-the-counter drugs may only be advertised within the registered product information and the confirmed content. Healthcare service advertising may not promise cures, may not use patient images or testimonials in ways that mislead about outcomes, and may not promote techniques outside the facility’s approved technique list. Superlative claims such as best, only or number one in healthcare advertising also require valid substantiating documents.

A characteristic FDI error is translating global marketing materials into Vietnamese word for word. Treatment efficacy claims allowed in some markets can breach Vietnam’s rules on misleading advertising, and using images of foreign doctors who hold no Vietnamese practice licence to present services also touches the rules on medical practice. All global content therefore needs a Vietnam legal review before release.

Current penalties under Decree 87/2026/ND-CP

From 15 May 2026, administrative penalties in culture and advertising follow Decree 87/2026/ND-CP, which replaced Decree 38/2021/ND-CP; conduct before that date is handled under the instrument in force when the act occurred, per the transition rule in Article 94. The new decree’s base convention reverses what many companies remember: fines in Chapters II and III are stated for individuals, and an offending organisation pays double, apart from exceptions listed in clause 2 of Article 6.

Applying that convention, advertising that is untrue or misleading about business capacity, quantity, quality, price or the uses of goods and services under clause 5 of Article 50 draws a fine of VND 80 to 100 million for an individual, equivalent to VND 160 to 200 million for an organisation. Beyond the fine, offenders must remove the advertising and publish corrections; for healthcare facilities, repeated advertising breaches also weigh on compliance assessments in sector inspections.

Frequently Asked Questions

What advertising rules must FDI companies follow for medical services and drugs?

FDI companies face three layers: advertising content for drugs and treatment services must be confirmed by the competent authority before release; content must stay within the operating licence, the approved technique list and registered product information; and every release channel, including websites and social media, is held to the same standard. Current penalties follow Decree 87/2026/ND-CP from 15 May 2026.

What content is prohibited?

Prominent prohibitions include: advertising prescription drugs to the public; promising cures or guaranteed treatment outcomes; promoting techniques not approved in the facility’s technique list; using information that misleads about quality, function or price; and claiming to be the best or number one without valid substantiation. Even over-the-counter drug advertising may only use confirmed content.

Does social media advertising need approval?

Yes, if the content advertises treatment services or drugs it still needs prior content confirmation before posting, whatever the channel. Posting through a doctor’s personal account or a hired influencer does not change the advertising nature of the content, and both the healthcare facility and the person carrying the advertising can be sanctioned according to their role in the release chain.

What are the fines for violations?

Fines depend on the specific act under Decree 87/2026/ND-CP, whose Chapters II and III fines are stated for individuals with organisations paying double. For example, untrue or misleading advertising under clause 5 of Article 50 is fined VND 80 to 100 million for an individual, meaning VND 160 to 200 million for an organisation, plus removal and correction duties. Advertising without content confirmation is penalised in its own act group and release can be ordered to stop.

Bottom line for healthcare marketers

For healthcare advertising in Vietnam the right question is not whether the content is attractive but whether it has been confirmed and stays inside the licence scope. FDI companies should lock content confirmation into every release channel, including social media, before the first campaign runs.