This article appeared in the 2012 edition of The International Comparative Legal Guide to: Pharmaceutical Advertising; published by Global Legal Group Ltd., London. www.iclg.co.uk

Tu Ngoc Trinh and Dzung Nguyen, attorney-at-law and consultant, respectively, in the Tilleke & Gibbins corporate and commercial department in Vietnam both contributed to the 2012 edition of The International Comparative Legal Guide to: Pharmaceutical Advertising. In the book’s Vietnam chapter, Tu and Dzung provided their knowledge and expertise on the following:

• Medicinal products generally: relevant legislation in Vietnam governing the advertising of medicinal products, how advertising is defined, regulatory or industry authorities involved in the advertisement approval process, and penalties for failing to comply with the legislation.
• Provision of information prior to authorization of medicinal products: authorization of published information such as press releases, advertisements, and information exchange, and any limitations that may apply.
• Advertisements to health professionals: mandatory information on advertisements as stipulated by Circular 13, restrictions on advertised information, rules governing comparative advertisements, and the status of “teaser” advertisements.
• Gifts and financial incentives: the provision of samples to health professionals, the status of gifts and donations to medical practitioners or institutions, and the allowance of sponsorships by pharmaceutical companies.
• Hospitality and related payments: rules governing the offering of hospitality to health professionals, and payments to doctors to provide expert services and take part in post-marketing surveillance studies.
• Advertising to the general public: rules governing the advertisement of prescription and non-prescription medicines to the general public and any related restrictions, the prohibition of disease awareness campaigns encouraging consultations without medicines mentioned, and the rules governing press releases concerning prescription-only medicines to non-scientific journals.
• Laws relating to the internet: how advertising is regulated on the internet, the success of control any regulations have achieved thus far, and the rules governing the content of independent websites that can be accessed using links from a company sponsored site, and any related liabilities.
• Developments in pharmaceutical advertising: any significant developments in relation to pharmaceutical advertising such as the Governmental Decree 93/2011/ND-CP, any imminent developments in the field, and any enforcement trends that have surfaced over the past year.