What are the rights and obligations of advertisers and advertising service providers in Vietnam according to the law?
How is an advertiser and an advertising service provider?
Pursuant to the provisions of Clauses 5 and 6, Article 2 of the 2012 Law on Advertising in Vietnam explaining advertisers and advertising service providers as follows:
Interpretation of terms
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5. Advertisers are organizations and individuals that demand to advertise their products, goods and services, or to advertise themselves.
6. Advertising service providers are organizations and individuals that perform one, a number of, or all the phases of an advertising process under the advertising contract with the advertiser.
Thus, advertising service providers are organizations and individuals that perform one, a number of, or all the phases of an advertising process under the advertising contract with the advertiser.
What are the rights and obligations of advertisers and advertising service providers in Vietnam according to the law?
What are the rights and obligations of advertisers in Vietnam according to the law?
Pursuant to the provisions of Article 12 of the 2012 Law on Advertising in Vietnam, the advertiser must ensure the implementation of the following rights and obligations:
Rights and obligations of advertisers in Vietnam
1. Advertisers are entitled to:
a) Advertise their products, goods, services, organization and individual;.
b) Make decisions on the forms and methods of advertising;
c) Receive information from local agencies in charge of advertising about the approved outdoor advertising planning;
d) Request advertisement appraisal;
2. Advertisers have the following obligations:
a) Providing the advertising service providers or advertisement publishers with accurate information about the agencies, organizations, individuals, products, goods, services and the documents related to the advertising conditions and being responsible for such information.
b) Ensuring that the product, goods and service quality is consistent with the advertisements;
c) Being responsible for their advertisements when directing advertising on the means of advertising; or being jointly responsible for the advertisements when hiring others to advertise;
d) Providing documents related to the advertisements at the request from the advertisement receiver or competent State agencies.
Thus, the advertiser who is the client party in the advertising service provision contract is entitled to the following rights:
- Advertise their products, goods, services, organization and individual;.
- Make decisions on the forms and methods of advertising;
- Receive information from local agencies in charge of advertising about the approved outdoor advertising planning;
- Request advertisement appraisal.
At the same time, the advertiser is responsible for performing the obligations as agreed in the service provision contract and the following obligations:
- Providing the advertising service providers or advertisement publishers with accurate information about the agencies, organizations, individuals, products, goods, services and the documents related to the advertising conditions and being responsible for such information.
- Ensuring that the product, goods and service quality is consistent with the advertisements;
- Being responsible for their advertisements when directing advertising on the means of advertising; or being jointly responsible for the advertisements when hiring others to advertise;
- Providing documents related to the advertisements at the request from the advertisement receiver or competent State agencies.
What are the rights and obligations of advertising service providers in Vietnam according to the law?
Pursuant to Article 13 of the 2012 Law on Advertising in Vietnam on the rights and obligations of advertising service providers as follows:
Rights and obligations of advertising service providers in Vietnam
1. Advertising service providers are entitled to:
a) Make decisions on the forms and methods of advertising business;
b) Receive accurate and truthful information from the advertiser about the advertised organizations, individuals, products, goods, services and the documents related to the advertising conditions;
c) Participate in the formulation of the local advertising planning and receive information from local agencies in charge of advertising about the approved outdoor advertising planning;
d) Request advertisement appraisal;
2. Advertising service providers have the following obligations:
a) Operating within the range specified in the Certificate of business registration and observing the law provisions on advertising;
b) Examining the documents related to the advertising conditions of the advertised organizations, individuals, products, goods and services, and implement the relevant procedures under the advertising contract;.
c) Being responsible for the advertisements that they directly make;
d) Providing documents related to the advertisements at the request from the advertisement receiver or competent State agencies.
Thus, the advertising service provider who is one of the parties performing the process of creating advertising products may exercise the following rights:
- Make decisions on the forms and methods of advertising business;
- Receive accurate and truthful information from the advertiser about the advertised organizations, individuals, products, goods, services and the documents related to the advertising conditions;
- Participate in the formulation of the local advertising planning and receive information from local agencies in charge of advertising about the approved outdoor advertising planning;
- Request advertisement appraisal.
At the same time, the advertising service provider must also ensure to perform the tasks as agreed in the advertising service provision contract and the obligations prescribed by law as follows:
- Operating within the range specified in the Certificate of business registration and observing the law provisions on advertising;
- Examining the documents related to the advertising conditions of the advertised organizations, individuals, products, goods and services, and implement the relevant procedures under the advertising contract;
- Being responsible for the advertisements that they directly make;
- Providing documents related to the advertisements at the request from the advertisement receiver or competent State agencies.
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