What is advertising? Prohibited acts regarding advertising in Vietnam

What is advertising? Prohibited acts regarding advertising in Vietnam (Internet image)

1. What is advertising?

According to Clause 1, Article 2 of the Law on Advertising 2012, advertising is the employment of various means in order to present the public with the profitable products, goods and service; non-profitable products and services; organizations and individuals trading and providing the presented products, goods and services, except for news, social policies; personal information.

2. Prohibited acts regarding advertising in Vietnam

Individuals and organizations are prohibited from performing the following acts in advertising:

- Advertising the products, goods and services specified in Article 7 of the Law on Advertising 2012.

- 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.

(Article 8 of the Law on Advertising 2012)

3. State management of advertising in Vietnam

Specifically, in Article 4 of the Law on Advertising 2012, the State management of advertising include:

- Promulgating and organizing the implementation of the legal documents on advertising.

- Formulating and directing the strategies, planning, plans and policies on advertising development.

- Disseminating the law on advertising.

- Guiding the researches and application of science and technology to advertising.

- Guiding and organizing the implementation of the professional training provision for the advertising workforce.

- Organizing the commendation in advertising.

- Getting international cooperation in advertising.

- Carrying out inspec

Thanh Rin

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