Which services are banned from business according to the law in Vietnam?
Can I ask which services are banned from business according to the law in Vietnam? Question from Ms. Thoa (Khanh Hoa)
Which services are banned from business according to the law in Vietnam?
In the spirit of Decree 59/2006/ND-CP, the list of services banned from business includes:
1) Prostitution business, organization of prostitution activities, trafficking in women and children
2) Organization of gambling activities in all forms
3) Services of secret investigation infringing upon the interests of the State, rights and legitimate rights of organizations and individuals
4) Brokerage of marriages involving foreign elements for profit purpose
5) Brokerage of recognition of parents or children or child adoption involving foreign elements for profit purpose.
Which services are banned from business according to the law in Vietnam? (Image from the Internet)
Is advertising a service that is banned from business considered a prohibited act in Vietnam?
Article 7 of the Law on Advertising 2012 regulates 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.
Article 8 of the Law on Advertising 2012 stipulates prohibited acts in advertising as follows:
Prohibited acts in advertising
1. Advertising the products, goods and services specified in Article 7 of this Law.
2. Using advertisements that reveal the State secrets, harm the independence and National sovereignty, National defense and security.
3. Using advertisement inartistically, contrary to the Vietnam’s history, culture, ethics and traditional customs
4. Using advertisements that affect the urban scenery, the traffic safety and the social order.
5. 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.
6. Using advertisements that express racial discrimination, sexual discrimination, prejudice against disabled people, or violate the freedom of belief and religion.
7. Using advertisements that offend the prestige, honor and dignity of other organizations and individuals.
8. Using advertisements that contain other people’s pictures, words or text without obtaining their consent, unless otherwise permitted by law.
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.
10. 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.
11. 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.
12. Advertising using unhealthy competition contents as prescribed by law provisions on competition.
13. Using advertisements that violate law provisions on intellectual property.
14. 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.
15. Forcing other agencies, organizations and individuals to make advertisements or receive advertisements involuntarily.
16. Hanging, placing, painting advertisements on electric poles, traffic lights and public trees.
According to this Article, advertising services that are banned from business according to the law is a violation of the law in Vietnam. Therefore, when advertising prohibited services, you will be punished according to the law.
How much is administrative fine for advertising services that are banned from business in Vietnam?
According to Article 33 of Decree 38/2021/ND-CP regulating violations against regulations on advertising of products, goods and services subject to advertising prohibitions as follows:
Violations against regulations on advertising of products, goods and services subject to advertising prohibitions
1. Imposing the fine ranging from 50,000,000 dong to 70,000,000 dong for one of the following violations:
a) Advertising cigarettes;
b) Advertising alcohol containing at least 15% alcohol by volume;
c) Advertising breast milk substitutes for children under 24 months of age; supplementary foods for infants under 06 months of age; artificial feeding bottles and pacifiers;
d) Advertising prescription drugs; over-the-counter drugs subject to a competent state authority’s warning of restricted use or use through oversight of physicians; drugs of which the periods of registration for marketing authorization are expired;
dd) Advertising other products, goods and services subject to advertising prohibitions.
2. Imposing the fine ranging from 70,000,000 dong to 100,000,000 dong for one of the following violations:
a) Advertising goods and services subject to trading prohibitions in accordance with regulations in force;
b) Advertising products and goods for sexual arousal/stimulation/enhancement;
c) Advertising shotguns and shotgun shells, sports guns and other products and goods inciting violence.
3. Remedies:
Compelling the removal, demolition and deletion or erasure of advertisements or the recall of printed newspapers and magazines with advertisements with respect to the acts specified in clause 1 and 2 of this Article.
In Clause 2, Article 5 of Decree 38/2021/ND-CP amended by Clause 2, Article 1 of Decree 128/2022/ND-CP, regulations on amounts of fine and fining authority are as follows:
Regulations on 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.
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According to this Article, for acts of advertising prohibited services in Vietnam, there will be administrative penalties as follows:
[1] For individuals: from 70,000,000 VND to 100,000,000 VND
[2] For organizations: from 140,000,000 VND to 200,000,000 VND
In addition, violators will also be subject to the following remedial measures: Compelling the removal, demolition and deletion or erasure of advertisements or the recall of printed newspapers and magazines with advertisements.
Best regards!
