What is commercial advertising? Prohibited commercial advertisements in Vietnam

What is commercial advertising? Prohibited commercial advertisements in Vietnam (Internet image)

1. What is Commercial advertising?

According to Article 102 of the Commercial Law 2005, commercial advertising means commercial promotion activities of traders aimed at introducing to customers their goods and service business activities.

Article 103 of the Commercial Law 2005 also stipulates the right to commercial advertising as follows:

- Vietnamese traders, branches of Vietnamese traders and branches of foreign traders licensed to conduct commercial activities in Vietnam shall have the right to advertise their goods and/or service business activities or to hire traders providing advertising services to do so for them.

- Representative offices of traders must not directly conduct commercial advertising activities. When being authorized by traders, representative offices may sign contracts with traders providing commercial advertising services to advertise for the traders they are representing.

- Foreign traders who wish to commercially advertise their goods and/or service business activities in Vietnam shall have to hire Vietnamese traders engaged in business of providing commercial advertising services to do so.

2. Prohibited commercial advertisements in Vietnam

Article 109 of the Commercial Law 2005 (amended by point b, Clause 3, Article 35 of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages 2019) stipulates that commercial advertisements are prohibited, including:

- Advertisements which reveal state secrets, are detrimental to the national independence, sovereignty and security, and social order and safety.

- Advertisements that use advertising products or means of advertisement which are contrary to the historic, cultural and ethical traditions and the fine customs and practices of Vietnam and in contravention of law.

- Advertisements for goods and services which are banned or restricted from business or banned from advertisement by the State.

- Advertisements for cigarette and alcoholic beverages having at least 15% ABV and products and goods not yet permitted for circulation or services not yet permitted for provision in the Vietnamese market at the time of advertising.

- Commercial advertisements which can be taken advantage of to cause harms to interests of the State, organizations and/or individuals.

- Advertisements using the method of comparing a trader’s goods and service production and business activities with goods and service production and business activities of the same kind of other traders.

- Advertisements containing untruthful information on any of the following contents: quantity, quality, price, utility, design, origin, category, packing, service mode and warranty duration of goods or services.

- Advertisements for a trader’s business activities by using advertising products which infringe upon intellectual property rights; using images of other organizations or individuals for advertising purpose without the consent of such organizations or individuals.

- Advertisements for the purpose of unfair competition according to the provisions of law.

3. Means of commercial advertising in Vietnam

Means of commercial advertising specified in Article 106 of the Commercial Law 2005, include:

- Means of commercial advertising are instruments used for introducing commercial advertising products.

- Means of commercial advertising include:

+ The mass media;

+ Means of communications;

+ Publications of all kinds;

+ All kinds of boards, signs, banners, panels, posters, fixed objects or means of transportation and other movable objects;

+ Other means of commercial advertising.

Nhu Mai

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE