Proposal to add the draft Law on Amendments to the Law on Advertising to the 2024 Legislative Program in Vietnam

Proposal to add the draft Law on Amendments to the Law on Advertising to the 2024 Legislative Program in Vietnam

Pursuant to Section 2 of the Resolution 165/NĐ-CP in 2023 stipulating the issue of the Proposal to Build the Law on Amendments and Supplements to Some Articles of the Law on Advertising as follows:

On the proposal to build the Law on Amendments and Supplements to Some Articles of the Law on Advertising:

The Government highly appreciates the Ministry of Culture, Sports and Tourism for having led the construction of the Proposal to build the Law on Amendments and Supplements to Some Articles of the Advertising Law in accordance with regulations to timely institutionalize the Party's guidelines and policies; to create a complete and unified legal basis for the development of advertising activities, improve the effectiveness and efficiency of state management of this activity in the online environment (Internet) and cross-border platforms (websites, social networks, mobile applications such as Facebook, TikTok, Youtube ...); promote decentralization, administrative reform and improve the responsibility and capacity of the subjects participating in advertising activities.

The Government basically agrees with the 3 policies in the Legislative Proposal. The Ministry of Culture, Sports and Tourism leads, coordinates with the Ministry of Justice, the Government Office and relevant agencies to fully absorb the opinions of the Government members; complete in the direction of:

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The Ministry of Culture, Sports and Tourism leads, coordinates with the Ministry of Justice and relevant agencies to complete the Legislative Proposal dossier in accordance with the provisions of the Law on Promulgation of Legal Documents. The Government's Minister of Justice, on behalf of the Prime Minister, represents the Government to sign the Petition to the National Assembly, the Standing Committee of the National Assembly to add this draft Law to the 2024 Legislative Program for the National Assembly to consider and give opinions at the 8th Session (October 2024).

Therefore, it is expected that the draft Law on Amendments and Supplements to Some Articles of the AdveLaw on Advertising will be added to the 2024 Legislative Program for the National Assembly to consider and give opinions at the 8th Session in October 2024.

Proposal to add the draft Law on Amendments to the Law on Advertising to the 2024 Legislative Program in Vietnam - Source: Internet

What are means of advertising in Vietnam?

Pursuant to Article 17 of the Law on Advertising in 2012, 07 means of advertising in Vietnam are:

1. Newspapers

2. Websites, electronic equipment, terminal devices and other telecommunication devices.

3. Print media, audio records, video records and other technological equipment.

4. Billboards, banners, signboards, advertising screens

5. Means of transport

6. Fairs, seminars, conventions, events, exhibitions, sports events and cultural programs

7. Advertisement conveyors; objects of advertisements.

8. Other means of advertising as prescribed by law.

What are prohibited acts in advertising in Vietnam?

Pursuant to Article 8 of the Law on Advertising in 2012, prohibited acts in advertising in Vietnam are:

- 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.

Best regards!