What are the fines for appropriating fame of famous people in Vietnam to advertise incorrectly about quality of weight-loss drugs?
What are the fines for appropriating fame of famous people in Vietnam to advertise incorrectly about quality of weight-loss drugs? Thank you!
Is there a prohibition for appropriating fame of famous people in Vietnam to advertise incorrectly about quality of weight-loss drugs?
Pursuant to Clause 9 Article 8 of the Law on Advertising in 2012 stipulating prohibited acts in advertising in Vietnam as follows:
Prohibited acts in advertising
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9. 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.
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As regulations above, appropriating fame of famous people in Vietnam to advertise incorrectly about quality of weight-loss drugs is prohibited in Vietnam.
What are the fines for appropriating fame of famous people in Vietnam to advertise incorrectly about quality of weight-loss drugs?
Pursuant to Clause 5 Article 34 of the Decree 38/2021/NĐ-CP stipulating violations against regulations regarding prohibited advertising activities in Vietnam as follows:
Violations against regulations regarding prohibited advertising activities
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5. Imposing the fine ranging from 60,000,000 dong to 80,000,000 dong for the act of putting false or misleading advertisements about the capability of trading or providing products, goods and services of individual or institutional traders; the quantity, quality, price, usability, design, packaging, trademark, origin, type, method of rendering or warranty period of registered or announced products, goods and services, except as specified in clause 4 of Article 51; point b of clause 4 of Article 52; clause 1 of Article 60; and point c of clause 1 of Article 61, in this Decree.
6. Imposing the fine ranging from 80,000,000 dong to 100,000,000 dong for one of the following violations:
a) Using adverts having detrimental effects on the solemnity of the national flag, emblem, anthem and Party’s flag, except as prescribed in point b of clause 2 of Article 45 herein;
b) Using adverts having detrimental effects on the solemnity of national heroes, cultural celebrities, leaders, leadership of the Party and the State, except as prescribed in point b of clause 2 of Article 45 herein;
c) Using adverts harming the national sovereignty.
7. Other supplementary penalties:
Withholding the right to use the acknowledgement of receipt of registration for product launch announcement for the duration of between 05 and 07 months; the right to use the Certificate of advertisement content for the duration ranging from 22 to 24 months, for the violations specified in point a of clause 2, point b of clause 4 and clause 5 of this Article, in case of commission of violations on advertising of health protection foods 2 or more times within the period of 06 months.
8. Remedies:
a) Compelling the removal, demolition and deletion or erasure of advertisements or the recall of printed newspapers and magazines with advertisements in case of commission of the violations specified in clause 1, 2, 3, 4, 5 and 6 of this Article;
b) Compelling offer of apologies to organizations or individuals in case of commission of the violations specified in point b of clause 3, point a of clause 4 of this Article;
c) Compelling ratification of false information with respect to the violations specified in clause 5 of this Article.
Pursuant to Clause 2 and 3, Article 5 of the Decree 38/2021/NĐ-CP (amended by Clause 2 Article 1 of the Decree 128/2022/NĐ-CP) stipulating as follows:
Amounts of fine and fining authority
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2. Fines mentioned under Chapter II and Chapter III hereof are imposed on individual offenders, except for cases under Clauses 2, 5, 6, and 7 Article 10; Clauses 4, 5, 6, and 7 Article 10 a; Point a Clause 2, Clauses 3, 5, and 6, Points a, b, c, and d Clause 7 Article 14; Clauses 1, 2, 3, and 4 and Point b Clause 5 Article 21; Clauses 1, 2, 3, and 4 and Point b Clause 5 Article 23; Clause 1 Article 24; Articles 30, 38, 39, and 40 hereof which are imposed on organization offenders.
3. If an organization commits the same violation, the amount of fine imposed on that organization shall be 02 times greater than that imposed on an individual.
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As regulations above, a fine ranging from 60,000,000 dong to 80,000,000 dong shall be imposed for appropriating fame of famous people in Vietnam to advertise incorrectly about quality of weight-loss drugs. If the violator is an organization, the fine shall be doubled.
The advertisments printed newspapers and magazines with advertisements shall be removed and deleted.
What are the fines for appropriating fame of famous people in Vietnam to advertise incorrectly about quality of weight-loss drugs without consent of those famous people?
Pursuant to Clause 3.b Article 34 of the Decree 38/2021/NĐ-CP stipulating advertisement without consent in Vietnam as follows:
Violations against regulations regarding prohibited advertising activities
1. Imposing the fine ranging from 1,000,000 dong to 2,000,000 dong for the act of hanging, placing, pasting or drawing ad products on utility poles, traffic signal posts and green trees at public places, except as specified in point d of clause 3, point b of clause 5, and point b of clause 8, of Article 12 in the Government's Decree No. 100/2019/ND-CP dated December 30, 2019, regulating sanction against administrative violations in the road and rail traffic sector.
2. Imposing the fine ranging from 10,000,000 dong to 20,000,000 dong for one of the following violations:
a) Showing advertisements containing the superlative words or phrases like "best", "only", “number one” or other equivalents without legally required corroborative evidence;
b) Placing advertisements that affect urban settings, traffic order and safety, and peace, except for the cases specified in clause 1 of this Article, clause 1 and 3 of Article 43, and clause 3 of Article 48 of this Decree;
c) Using advertisements infringing on the freedom of belief, religion, gender stereotyping adverts, and adverts implying bias against people with disabilities;
d) Coercing entities, organizations or individuals to advertise or receive adverts without their consent.
3. Imposing the fine ranging from 20,000,000 dong to 40,000,000 dong for one of the following violations:
a) Advertising in breach of laws on intellectual property;
b) Showing adverts containing personal images, oral statements or writing without their consent, unless otherwise permitted by laws.
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As regulations above, a fine ranging from 20,000,000 dong to 40,000,000 dong shall be imposed for showing adverts containing personal images of famous people without their consent.
The fines for violations shall be doubled.
Best regards!
