"Cover legal loopholes", do not allow false advertising

National Assembly Delegate Tran Thi Thu Hang proposed continuing to review and evaluate existing limitations and shortcomings to plug legal loopholes, as well as have stricter sanctions to prevent false advertising from continuing to exist.

At the 9th session of the 15th National Assembly, contributing opinions to the Draft Law amending and supplementing a number of articles of the Advertising Law, delegate Tran Thi Thu Hang - National Assembly Delegation of Dak Nong province expressed her agreement with the necessity of amending and supplementing a number of articles of the Advertising Law to contribute to institutionalizing the Party's policies and guidelines on the development of cultural industries, including the advertising industry. At the same time, overcoming the shortcomings and limitations of the Advertising Law in the current implementation contributes to building a developed advertising market in Vietnam.

Giving comments to complete the Draft Law, the delegate said that in Clause 8, Article 1 of the Draft on adding Article 15a after Article 15 on the rights and obligations of the person transmitting advertising products, it is recommended to continue reviewing and considering some of the following contents:

Do not stipulate "have other rights as prescribed by law" in Point b, Clause 1 on the rights of the person transmitting advertising products, because it will lead to arbitrary application of the law and because the behavior is not clearly defined, enforcement in practice will be difficult. Similarly, do not stipulate "perform other obligations as prescribed by law" in Point d, Clause 2 of this Article on the obligations of the person transmitting advertising products.

Delegate Tran Thi Thu Hang - National Assembly Delegation of Dak Nong province

At Point a, Clause 3 of this Article, it is stipulated that when transmitting advertising products, influencers are obliged to verify the credibility of the advertiser; check documents related to the advertised products, goods and services; in case they have not used or do not clearly understand the goods, products and services, they are not allowed to introduce the goods, products and services.

The regulation on the obligation of influencers when conveying advertising products must use or understand the goods, products and services before being introduced; delegates basically agree with this regulation because the regulation of these obligations aims to enhance the responsibility of influencers in conveying advertising products because this is an object with a large number of followers and trust; their words and actions have a strong impact on consumers' purchasing decisions. Therefore, they need to be responsible for the information they convey.

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  It is necessary to establish an inter-sectoral coordination mechanism to handle cases of cross-border advertising that violate the law in Vietnam.

However, in order for these regulations to be strict, appropriate, scientific and practical, delegates suggested considering additional aspects, such as: These people mostly advertise under contracts; the uses and effectiveness of goods, products and services depend largely on the constitution, health and personal feelings of each person; the influencer may only re-read the original uses written on the goods or products or the value of the goods or products may be very high, the influencer cannot use them; not to mention that this regulation, when applied in practice, will limit competition and is not consistent with the State's policies on advertising activities in Article 3 of the Advertising Law; in cases where it is necessary to strictly control the false advertising of some celebrities as in the recent past, it is necessary to study stronger sanctions and more stringent regulations on prohibitions, service contracts, etc. From there, delegates proposed to continue researching and assessing the impact to make this regulation appropriate.

Delegate Tran Thi Thu Hang also said that recently, the authorities have continuously discovered cases of advertising fake goods, goods of unclear origin, not true to reality or exaggerating product uses such as the cases of advertising fake milk by MCs, TV editors, the cases of Quang Linh Vlogs, Hang Du Muc... and most recently, the case of "long se duoc" that has received special attention from the public.

"Currently, advertising of goods and products is strongly concentrated on social networking platforms and other digital platforms, leading to difficulties in management and control. From these limitations and shortcomings over a long period of time, it can be seen that the current legal regulations on advertising and related regulations need to continue to be improved and the amendment and supplementation of the 2012 Advertising Law at this time is very necessary," the delegate expressed.

To gradually and thoroughly handle the issues mentioned above, delegate Tran Thi Thu Hang suggested continuing to review and evaluate existing limitations and shortcomings to "plug legal loopholes" and prevent false advertising, such as continuing to review prohibited acts, responsibilities of relevant parties, and handling violations...

In addition, a stricter sanction is needed for this issue when the Penal Code (amended) is being submitted to the National Assembly at the 9th session and the process of implementing the Law amending and supplementing a number of articles of the Advertising Law needs to issue regulations on handling administrative violations strong enough to handle.

Source: https://bvhttdl.gov.vn/bit-lo-hong-phap-ly-khong-de-quang-cao-sai-su-that-2025051414521142.htm