In addition to proposing tighter oversight of influencers involved in food product promotions, the Ministry of Health is calling for the establishment of a professional code of conduct for advertising activities.

Monitoring influencers who promote food products

A key highlight of the draft decree amending several provisions of Decree 15/2018 is the enhanced regulation of food advertising.

This issue has garnered public attention, particularly following controversies involving several celebrities and key opinion leaders (KOLs) - such as Miss Nguyen Thuc Thuy Tien and Quang Linh Vlogs promoting Kera vegetable candy, or MC Van Hugo and anchor Quang Minh advertising Hiup milk. These promotions have been criticized for exaggerating the benefits and functions of functional foods and children's milk products.

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Broadcaster Quang Minh and MC Van Hugo in a Hiup milk advertisement. They were fined USD 1,470 and USD 2,745 respectively. Screenshot

Accordingly, the Ministry of Health proposes stricter supervision of advertisements on e-commerce platforms and social media.
This includes monitoring businesses that publish ads, individuals who deliver advertising messages, and influencers who promote food products. Additionally, a professional code of conduct for advertising activities will be developed.

The draft specifically adds a clause prohibiting the use of "patient testimonials" (previously only the use of "letters of appreciation from patients" was banned) in food advertisements. It also strictly forbids any food advertising that misleads or exaggerates the product’s benefits to imply medical treatment capabilities.

The draft maintains the current regulation requiring that advertisement content align with the function, warnings, and recommendations stated in the product’s registered declaration.

It also prohibits the use of images, uniforms, names, or titles of medical institutions, doctors, pharmacists, healthcare workers, or patient opinions and testimonials in food advertisements.

The draft states: “Influencers promoting functional foods, special dietary products, or nutritional products for children under 36 months - except those prohibited under Article 7 of the Law on Advertising - must clearly disclose sponsorship relationships.”

The draft also proposes expanding the Ministry of Culture, Sports, and Tourism’s responsibilities in regulating food advertising.

This includes overseeing online and print media ads, cross-border food advertising services in Vietnam, influencer-led food promotions, and issuing a professional code of conduct for advertising activities.

Strengthening post-market monitoring

The draft also introduces new post-market food safety regulations, drawing from practices of the U.S. Food and Drug Administration (FDA).

It outlines detailed provisions on planning, content, frequency, and instances for scheduled and unscheduled post-market inspections, and highlights the regulatory role of relevant authorities in carrying out these checks.

Additionally, the role of testing facilities in supporting regulatory agencies will be enhanced, allowing them to proactively collect and analyze market samples.

The draft mandates that the Ministries of Health, Agriculture and Environment, Industry and Trade, Finance, and provincial People’s Committees complete the integration and data-sharing processes with the National Public Service Portal.

This is aimed at streamlining administrative procedures, ensuring unified management of food safety, and supporting post-market inspections, quality supervision, and product recalls.

According to the Ministry of Health, these changes are intended to enhance monitoring, ensuring that products on the market are both safe and of high quality.

Vo Thu