Selling functional foods in Vietnam is lucrative but also one of the most heavily sanctioned food sectors: a single advertisement without prior content confirmation can cost a business up to VND 50 million. Notably, the legal framework is in a special transition — Decree 15/2018/ND-CP remains in force while the amended Food Safety Law is pending.
This article systematizes the business conditions, advertising rules and penalties for functional foods under current law.
1. Legal framework: Decree 15/2018 is still applicable
Many businesses wrongly assume Decree 15/2018/ND-CP expired after Decree 46/2026/ND-CP was issued (26/01/2026). In fact:
- Resolution 13/2026/NQ-CP (06/4/2026) and Resolution 15/2026/NQ-CP suspended Decree 46/2026/ND-CP until the amended Food Safety Law and its guiding decree take effect;
- During the suspension, Decree 15/2018/ND-CP continues in force as the basis for dossiers and violation handling.
The Food Safety Law 2010 (amended 2018) remains the parent law; the amending law is being drafted and is expected before the National Assembly Standing Committee in September 2026.
2. Business conditions: two indispensable “licenses”
- Certificate of food-safety eligibility: for production and trading establishments subject to certification;
- Receipt of product declaration registration: each health-supplement product must have its declaration registered before circulation — the product’s “birth certificate”, mandatory for advertising and inspections.
Trading undeclared products, or selling products different from the declaration, is sanctioned under Decree 115/2018/ND-CP (amended by Decree 124/2021/ND-CP) on administrative sanctions in food safety.
3. Advertising functional foods: prior content confirmation required
Functional foods are special products — advertising must have its content confirmed by the competent state authority before implementation (Article 27, Decree 15/2018/ND-CP). Three mandatory principles:
- Match the dossier: advertising content must conform to the declaration dossier and the advertising-content registration dossier;
- Mandatory disclaimer: the warning “This food is not a medicine and does not replace medicines” must be clearly shown;
- No misleading: no images, uniforms or names of doctors, pharmacists or health workers; no patient thank-you letters; no implication that the product cures diseases like a medicine.
4. Advertising penalties (Decree 38/2021/ND-CP)
Fines below apply to organizations; individuals face half:
- VND 40–50 million: advertising without prior content confirmation (Article 49);
- VND 10–20 million: missing or incorrect “not a medicine” disclaimer;
- VND 20–30 million: content inconsistent with the declaration dossier, missing mandatory information;
- VND 30–40 million: organizing seminars or fairs distributing unconfirmed advertising materials;
- VND 40–60 million: seriously misleading — using doctor images, patient thank-you letters, implying curative effects (Article 52, amended by Decree 129/2021/ND-CP).
Additional sanctions: forced removal of the advertisement; suspension of the product-declaration receipt for 01–03 months for two repeat offenses within 06 months.
5. Common business mistakes
- Running Facebook, TikTok or livestream ads without content confirmation — livestreams count as advertising;
- Hiring KOLs or doctors to “review” products with curative claims — violates advertising rules and may trigger medical-practice liability;
- Using another product’s declaration, or changing the formula after declaration without re-registration;
- Claiming “the transition period is unclear” — Decree 15/2018 fully applies; there is no gap.
Does your functional-food business need a license and advertising-content review? Contact us for advice.
This article was prepared by the FLAW AI Legal Council. It is pending QA Council review and owner approval before publication. The information is for reference only and does not replace legal advice for your specific case.