Circular 12/2026/TT-BVHTTDL: New Advertising Regulations Businesses Need to Know

Circular 12/2026/TT-BVHTTDL, which takes effect on July 5, 2026, introduces important updates to Vietnam‘s advertising regulations. One of the most notable changes concerns the use of superlative and comparative claims in advertising, an area that has long attracted attention from both businesses and regulators. As companies continue to promote their products across websites, social media, and other communication channels, understanding these new requirements will be essential to ensuring compliance and reducing legal risks.

Why Were These New Advertising Regulations Introduced?

In recent years, the market has seen a growing number of advertisements that use absolute or superlative claims to attract consumer attention. Many businesses have promoted their products or services as market leaders, superior in quality, or the most preferred by consumers without providing clear supporting evidence.

This trend has made it increasingly difficult for consumers to assess information accurately and make informed purchasing decisions. At the same time, businesses that invest seriously in product quality may be disadvantaged by competitors that rely on unsubstantiated advertising claims.

The introduction of Circular 12/2026/TT-BVHTTDL is therefore considered a necessary step toward improving transparency in advertising practices, protecting consumer interests, and fostering a fairer competitive environment in the marketplace.

Which Advertising Claims Require Supporting Evidence?

Under the new guidance, organizations and individuals that use terms such as “the best,” “the only,” “number one,” “top-ranked,” or other expressions with similar meanings in advertisements must possess lawful documentation supporting those claims.

This requirement is particularly important for highly competitive sectors such as cosmetics, food products, dietary supplements, education, and beauty services. For example, cosmetic brands often use promotional messages that emphasize product superiority or market position in order to gain a competitive advantage.

However, the fact that a cosmetic product has completed the cosmetic product notification procedure does not mean a company is free to make any advertising claim it wishes. Cosmetic notification is a mandatory requirement for legally placing a product on the market, whereas advertising content remains subject to separate legal regulations.

These are two distinct legal matters that businesses must clearly understand when introducing products to consumers.

What Types of Documents Can Be Used as Evidence?

Circular 12/2026/TT-BVHTTDL allows businesses to rely on various forms of documentation to substantiate advertising claims.

One commonly accepted source is market research conducted by organizations legally authorized to perform market surveys and research activities. In addition, the results of rankings, evaluations, or voting programs conducted by legally established organizations and associations may also serve as supporting evidence when relevant to the advertised claim.

Awards, titles, recognitions, or other lawful forms of acknowledgment may likewise be used, provided they satisfy all applicable legal requirements. Businesses may also rely on other lawful documents that clearly support the advertised content and can demonstrate the validity of the claims being made.

Ultimately, any information communicated to the public must be verifiable and accurately reflect reality.

Supporting Documents Must Also Remain Valid

Many businesses focus on obtaining supporting documentation but overlook an equally important factor: the validity period of those documents.

For example, a company may receive a prestigious award through an industry voting program or achieve a top ranking in a market survey. However, if the recognition is valid only for a specific period, the corresponding advertising claim may be used only while that supporting documentation remains in effect.

Once the validity period expires, continuing to use the claim may expose the business to legal risks and raise concerns regarding the accuracy and honesty of its advertising content.

For this reason, businesses should regularly review and update their supporting documents rather than conducting a one-time check only when launching a marketing campaign.

How Should Businesses Prepare Before Launching Advertisements?

The new provisions under Circular 12/2026/TT-BVHTTDL reflect the growing emphasis on compliance and transparency in advertising activities. To avoid unnecessary legal risks, businesses should carefully review all promotional content currently published on their websites, corporate information channels, online sales platforms, and product marketing materials.

For any message that implies market leadership, superior quality, or other exceptional characteristics, businesses should verify that appropriate legal documentation is available before continuing to use such claims.

Where adequate supporting evidence is unavailable, companies should consider revising the wording of their advertisements to ensure compliance with current regulations.

Conclusion

Circular 12/2026/TT-BVHTTDL introduces important guidance regarding the use of superlative and comparative claims in advertising. Businesses should focus not only on product quality but also on ensuring that every marketing statement is supported by lawful and verifiable evidence.

By proactively reviewing advertising content, maintaining proper legal documentation, and staying up to date with regulatory developments, businesses can strengthen their brand reputation, improve transparency, and remain compliant with applicable laws. Green NRJ is ready to support businesses with cosmetic product notification procedures, regulatory consulting services, and guidance on developing compliant advertising practices