Vietnam: What products, goods and services are banned from advertising? What acts are prohibited in advertising?
What products, goods and services are banned from advertising?
In Article 7 of the 2012 Law on Advertising in Vietnam stipulating products, goods and services banned from advertising as follows:
Products, goods and services banned from advertising
1. Goods and services banned from trade as prescribed by law.
2. Cigarettes.
3. Wine that contains 150 alcohol or above.
4. Dairy being breast milk substitute for children under 24 months old, dietary supplements for children under 06 months old; artificial feeding bottles and pacifiers
5. Prescription drugs, non-prescription drugs recommended by competent State agencies to use restrictively or under the doctor’s supervision.
6. Pornographic products.
7. Shotguns and cartridges, sporting weapons and products that might incite violence.
8. Other products, goods and services banned from advertising specified by the Government depending on the actual requirements.
Thus, according to the above regulations, products, goods and services banned from advertising include:
- Goods and services banned from trade as prescribed by law.
- Cigarettes.
- Wine that contains 150 alcohol or above.
- Dairy being breast milk substitute for children under 24 months old, dietary supplements for children under 06 months old; artificial feeding bottles and pacifiers
- Prescription drugs, non-prescription drugs recommended by competent State agencies to use restrictively or under the doctor’s supervision.
- Pornographic products.
- Shotguns and cartridges, sporting weapons and products that might incite violence.
- Other products, goods and services banned from advertising specified by the Government depending on the actual requirements.
Vietnam: What products, goods and services are banned from advertising? What acts are prohibited in advertising? (Image from the Internet)
What acts are prohibited in advertising?
Article 8 of the 2012 Law on Advertising in Vietnam stipulates that prohibited acts in advertising include:
- Advertising the products, goods and services specified in Article 7 of this Law.
- Using advertisements that reveal the State secrets, harm the independence and National sovereignty, National defense and security.
- Using advertisement inartistically, contrary to the Vietnam’s history, culture, ethics and traditional customs
- Using advertisements that affect the urban scenery, the traffic safety and the social order.
- Using advertisements that degrade the respectability of the National flag, the National emblem, the National anthem, the Party’s flag, national heroes, cultural celebrities, the leaders of the State and the Party.
- Using advertisements that express racial discrimination, sexual discrimination, prejudice against disabled people, or violate the freedom of belief and religion.
- Using advertisements that offend the prestige, honor and dignity of other organizations and individuals.
- Using advertisements that contain other people’s pictures, words or text without obtaining their consent, unless otherwise permitted by law.
- Advertising incorrectly or causing confusion about the business competence, the ability to provide products, goods and services of organizations and individuals trading and providing such products, goods and services; about the quantity, quality, prices, features, designs, package, brand name, kinds, method of service, warranty duration of the registered or announced products, goods and services.
- Advertising using direct comparison of the prices, quality and efficiency of their products, goods and services to that of the other’s products, goods and services of the same kind.
- Advertising using the words “best”, “the best”, “only”, “number one” or words with similar meaning without legitimate documents proving so as prescribed by the Ministry of Culture, Sports and Tourism.
- Advertising using unhealthy competition contents as prescribed by law provisions on competition.
- Using advertisements that violate law provisions on intellectual property.
- Using advertisements that make children think, speak and act against the traditional customs and ethics, negatively affect the children’s health, safety or natural development.
- Forcing other agencies, organizations and individuals to make advertisements or receive advertisements involuntarily.
- Hanging, placing, painting advertisements on electric poles, traffic lights and public trees.
What are the rights and obligations of advertising service providers in Vietnam?
According to Article 13 of the 2012 Law on Advertising in Vietnam, advertising service providers have the following rights and obligations:
- Advertising service providers in Vietnam are entitled to:
+ 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;
- Advertising service providers in Vietnam have the following obligations:
+ 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 implementing 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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