On September 28, 2020, the Government issued Decree No. 117/2020/ND-CP regulating the sanctioning of administrative violations in the health sector, replacing Decree 176/2013/ND-CP (“Decree No. 117/2020/ND-CP”).

Accordingly, Decree No. 117/2020 / ND-CP has increased the fine level for violations of regulations on cosmetic advertising through the form of seminars, conferences and events. As follows:

1. Acts and fine levels are specified in Decree 176/2013/ND-CP:

           At Points a, d, dd, Clause 2, Article 49 of Decree No. 176/2013/ND-CP stipulates:

         “Article 49. Violations against regulations on information about pharmacy, cosmetics, and medical equipment

2. Any of the following violations shall carry a fine of from VND 5,000,000 to VND 10,000,000:

      c) Holding a conference or event to introduce cosmetics that is inconsistent with the application granted by a competent authority;

     d) Holding a conference or event to introduce cosmetics using expired contents; Holding a conference or event to introduce cosmetics before the application is granted;

     dd) Failing to notify the Service of Health of changes in the time and location of the conference or event for cosmetic introduction, which has been approved by Services of Health;”

             Thus, the fine level under Decree 176/2013/ND-CP is only from 5,000,000 VND to VND 10,000,000 for violations of cosmetic advertising through seminars, conferences, groups Event (this is where the penalty for individuals, the penalty for the organization will be 2 times).

            2. Acts and fine levels are specified in Decree No. 117/2020/ND-CP:

                  In Article 69 of Decree 117/2020/ND-CP stipulates:

                 Article 69. Violation of regulations on advertising cosmetics through the form of seminars, conferences, events

                  A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for one of the following acts of organizing seminars, conferences, or cosmetic introduction events:

1. Failure to notify the competent authority prior to the organization as provided for by law.
2. Not in accordance with the content notified to the competent agency according to the provisions of law.

                  Thus, the fine level under Decree 117/2020/ND-CP from VND 30,000,000 to VND 40,000,000 for violations of cosmetic advertising through the form of seminars, conferences, and organizations. event (this is where the penalty for individuals, the penalty for the organization will be 2 times). 

                   Thus, we can see that, Decree No. 117/2020/ND-CP has increased the fine level for violations of regulations on cosmetic advertising through the form of seminars, conferences and events.

                    Decree No. 117/2020/ND-CP takes effect from November 15, 2020.

                    Hope the above information is helpful to The Valued Readers.

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