DEDICA ADVISES — Green Health Co., Ltd. (name changed) is preparing a social media marketing campaign for dietary supplements and skincare cosmetics featuring KOLs. Prior to deployment, the marketing director contacted DEDICA with two questions: What documents are required to be permitted to advertise? And what legal risks do enterprises frequently overlook?
Conditions for Valid Advertising — What to Prepare Before a Campaign?
Effective January 1, 2026, advertisements for health supplements (dietary supplements) must possess a valid product disclosure registration certificate or self-declaration product document in accordance with food safety laws (Clause 4(d) Article 20, Law on Advertising No. 16/2012/QH13, as amended by Law No. 75/2025/QH15). This is the foundational documentation — without it, advertising on any channel is strictly prohibited.
Regarding content, each health supplement advertisement must mandatorily display: (i) the phrase "Dietary Supplement"; (ii) the full disclaimer "This product is not a medicine and cannot substitute curative medicine"; along with the product name, the name and address of the entity responsible for the product, and its uses (Clause 2 and Clause 3 Article 5, Decree No. 342/2025/NĐ-CP). For advertisements under 15 seconds on audio or visual media, the disclaimer does not need to be read aloud but must still be visibly displayed as text within the content.
For cosmetics, cosmetic advertisements must include a valid receipt number of the Cosmetic Product Notification Form in accordance with the law (Clause 4(b) Article 20, Law on Advertising No. 16/2012/QH13, as amended by Law No. 75/2025/QH15). The advertising content must include the cosmetic name, features and uses, the name and address of the notifying entity, and international treaty warnings if any. It is strictly prohibited to use images, costumes, names, correspondence, or articles of medical units, doctors, pharmacists, or medical staff under any form when advertising cosmetics (Clause 4 Article 4, Decree No. 342/2025/NĐ-CP). Cosmetic advertising content must not mislead the product as a medicine and must align with the declared features and uses in accordance with regulations (Clause 2 Article 4, Decree No. 342/2025/NĐ-CP).
A major change in 2026 relates to KOLs and influencers: influencers are obligated to verify the reliability of the advertiser and inspect documents related to the product; if they have not used or do not clearly understand the product, they are not permitted to introduce it (Point (a) Clause 3 Article 15a, Law on Advertising No. 16/2012/QH13, as amended by Law No. 75/2025/QH15). Furthermore, influencers must notify the audience about the advertising immediately before and during the advertising activity (Point (b) Clause 3 Article 15a, Law on Advertising No. 16/2012/QH13, as amended by Law No. 75/2025/QH15). Enterprises are responsible for briefing and providing sufficient documentation to KOLs prior to each campaign.
Common Violations and Actual Fines
According to for the same administrative violation, the fine for organizations is twice the fine for individuals (Clause 3 Article 6, Decree No. 87/2026/NĐ-CP). This means all the fine thresholds listed below will automatically double when applied to enterprises.
Violation 1 — Missing product classification label or "not medicine" disclaimer. Advertising health supplements without the phrase "Dietary Supplement" attracts a fine of VND 5 to 10 million (Point (a) Clause 1 Article 71, Decree No. 87/2026/NĐ-CP) (VND 10–20 million for organizations). Lacking the disclaimer "This product is not a medicine and cannot substitute curative medicine" results in a fine of VND 10 to 15 million (Point (b) Clause 2 Article 71, Decree No. 87/2026/NĐ-CP) (VND 20–30 million for organizations). This is the most frequent error on TikTok and Reels due to limited text display space.
Violation 2 — Using images of doctors or clinics to advertise cosmetics. Utilizing images, costumes, names, correspondence, or articles of medical units, doctors, pharmacists, or medical staff to advertise cosmetics triggers a fine of VND 15 to 20 million (Point (c) Clause 3 Article 70, Decree No. 87/2026/NĐ-CP) (VND 30–40 million for organizations). Many companies utilize white lab coats or quote "recommended by dermatologists" without fully anticipating this risk.
Violation 3 — Advertising cosmetics without a Notification Form or causing confusion with medicine. Advertising cosmetics without a receipt number of the Product Notification Form, using an expired notification, or content misleading the product as a medicine is fined from VND 30 to 40 million (Clause 4 Article 70, Decree No. 87/2026/NĐ-CP) — which equates to VND 60–80 million for an enterprise.
Violation 4 — KOLs advertising products they have not used. Influencers who have not used or do not clearly understand a product yet still introduce it face a fine of VND 80 to 100 million (Clause 3 Article 51, Decree No. 87/2026/NĐ-CP). This fine applies directly to the KOL. Enterprises should implement a written confirmation mechanism prior to executing KOL contracts.
Regulations on advertising dietary supplements and cosmetics have undergone substantial changes since 2026: stricter content compliance, explicit KOL liabilities, and significantly increased fines. Enterprises must control content at both the production and distribution stages — including KOL materials and user testimonials — prior to running any campaign, rather than reactive auditing after the content has been published.
DEDICA Law Firm is ready to support you with supplement and cosmetic advertising compliance. Contact DEDICA for in-depth legal consultation. We assist companies in reviewing ad content, standardizing pre-campaign legal workflows, and advising on KOL legal obligations. If you are preparing a product launch or establishing internal compliance protocols for your marketing team, reach out to DEDICA for tailored guidance matching your specific corporate scenario.
This article provides a general legal overview and does not substitute specific legal advice for individual cases. Please contact DEDICA for assistance tailored to your situation.
