Vietnam: Rights and obligations of entities providing cross-border advertising services

Rights and obligations of entities providing cross-border advertising services are amended and supplemented in the Draft Decree mending a number of articles of Decree No. 181/2013/NĐ-CP of Vietnam’s Government, specifically as follows:

** Foreign organizations and individuals providing cross-border advertising services in the online environment that generate revenue in Vietnam via websites, social networks, applications with subscribers from Vietnam or users in Vietnam shall have the following rights and obligations:

- Comply with Vietnamese laws on advertising, management, provision and use of Internet services and online information; pay tax according to tax laws;

- Notify contact information with the Ministry of Information and Communications according to the provisions of Clause 1 Article 14 of this Decree when providing cross-border advertising in Vietnam.

- Proactively review and check that advertising products do not violate the provisions of Article 8 of the Law on Advertising of Vietnam and do not place advertising products in positions with content that violates the provisions of Clause 1 Article 8 of the Law on Cyber Security of Vietnam;

- Implement the prevention, removal and handling of infringing information at the request of the Ministry of Information and Communications and competent authorities;

- Propose solutions to ensure that advertising publishers in Vietnam have the ability to control, detect and remove cross-border advertising products that violate Vietnamese laws on advertising;

** Advertising service providers shall have the following rights and obligations:

- Advertising service providers, when performing advertising service contracts on the platforms of foreign organizations and individuals doing cross-border advertising service business in Vietnam, must be responsible for checking the content of advertising products, ensuring that they do not violate the provisions of Article 8 of the Law on Advertising of Vietnam and require organizations and individuals providing cross-border advertising services to be responsible for choosing advertising locations that do not violate the provisions of Clause 1 Article 8 of the Law on Cyber Security in Vietnam;

- Comply with tax laws;

** Advertising publishers in Vietnam shall have the following rights and obligations:

- Ensure control ability to detect and remove advertising products that violate legal regulations on advertising provided from cross-border advertising services;

- Do not post or broadcast advertising products of organizations or individuals providing cross-border advertising services that have been notified in writing by competent authorities of violating Vietnamese law.

** Advertisers shall have the following rights and obligations:

- Do not post or broadcast advertising products on advertising platforms that violate Vietnamese law;

- Be responsible for advertising products when directly signing advertising contracts with foreign organizations and individuals providing cross-border advertising services in Vietnam;

- Have the right to request businesses providing advertising services to remove advertising products attached to content that violates Vietnamese law.

View details at the Draft Decree mending a number of articles of Decree No. 181/2013/NĐ-CP of Vietnam’s Government.

Long Binh

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