Continuing the 8th Session, on the afternoon of November 8, the National Assembly discussed in groups the investment policy for the National Target Program on Drug Prevention and Control until 2030; the Draft Law on amending and supplementing a number of articles of the Law on Advertising; and the Draft Law on Chemicals (amended).
One of the contents that delegates were interested in giving opinions on the Draft Law on amending and supplementing a number of articles of the Law on Advertising was advertising on cyberspace and advertising by famous people, the concepts of "advertising product transporter", "advertising product transporter"...
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| The National Assembly discussed in groups on the afternoon of November 8. |
Discussing in groups, delegates basically agreed with the necessity of amending and supplementing a number of articles of the Advertising Law to promptly institutionalize the viewpoints, guidelines, policies and strategies of the Party and State such as Resolution No. 33-NQ/TW dated June 9, 2014 on building and developing Vietnamese culture and people to meet the requirements of sustainable national development; Documents of the 13th National Party Congress on focused and key implementation of the cultural industry, promoting the soft power of Vietnamese culture and Resolution of the 10th Central Conference, 13th tenure in law-making work, to remove bottlenecks and barriers, thoroughly reform administrative procedures, taking people and businesses as the center, all for socio -economic development.
Speaking at the meeting, Vice Chairman of the National Assembly Tran Quang Phuong suggested that the explanation of terms should be specifically regulated; research should be conducted to clearly define the State's management responsibilities for advertising, the rights and obligations of those who deliver advertising products, especially famous people and influential people.
Regarding the addition of Article 19a regulating the “requirements for advertising content of special products, goods and services” after Article 19, Vice Chairman of the National Assembly Tran Quang Phuong suggested that it is necessary to clarify what “special goods and services” are. The Vice Chairman of the National Assembly said that there are two types of opinions on this content. Accordingly, the first type of opinion: agrees with the Drafting Committee to supplement regulations on advertising content of special products, goods and services; The second type of opinion: suggests keeping the current regulations as assigned to the Government.
In addition, the draft Law also regulates advertising on media such as print newspapers, television, the internet, and other forms of advertising such as billboards, etc.
Commenting on this Law project, delegate Tran Nhat Minh (National Assembly Delegation of Nghe An province) agreed with the Government's Submission and the Inspection Report of the Committee on Culture and Education on this draft Law. Commenting on the amendment and supplement to Clause 8, the draft Law states that "the person who delivers advertising products is the person who directly advertises products, goods, services online or directly advertises by wearing, hanging, attaching, pasting, drawing or other similar forms". Basically agreeing with this provision, delegate Tran Nhat Minh requested the Drafting Committee to study and clarify the "form of wearing", that is, it is necessary to clarify whether wearing clothes is a product or wearing clothes with printed advertising images.
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| Delegate Tran Nhat Minh (National Assembly Delegation of Nghe An province) spoke at the group on the afternoon of November 8. |
Regarding Article 15a regulating the rights and obligations of the person transmitting advertising products, delegate Tran Nhat Minh observed that Clauses 1 to 5 of this Article mainly regulate the obligations of the person transmitting advertising products. Therefore, the delegate suggested that the Drafting Committee study and redesign this Article. If the name of Article 15a is kept, it is recommended to add the rights of the person transmitting advertising products, while the obligations in the draft Law have been fully regulated.
Delegate Tran Thi Hong An (Quang Ngai Province National Assembly Delegation) said that the draft Law amending and supplementing a number of articles of the Law on Advertising has amended the concept of advertising product carriers to suit current practice and added provisions on the rights and obligations of advertising product carriers in general and advertising product carriers who are influential people (including artists, celebrities, etc.) according to the provisions of the law on consumer protection. At the same time, it stipulates that advertising content must be honest, accurate, clear; not causing misunderstanding about the features, quality, uses, and effects of products, goods, and services.
The draft Law has amended the regulations on advertising space in print newspapers and advertising time on television to create a legal basis for press agencies to implement financial autonomy, improve content quality, and ensure competitiveness with online advertising. However, delegate Tran Thi Hong An proposed to continue amending the regulations in the direction of promoting the division of authority and decentralization of state management responsibilities for advertising to authorities at all levels; cutting and reducing administrative procedures that are no longer appropriate; reducing some cases of having to apply for a change permit by post-inspection, and enhancing the responsibility of organizations and individuals.
At the same time, it supplements regulations on requirements for online advertising activities; responsibilities of organizations and individuals when participating in online advertising, providing cross-border advertising services and procedures for preventing and removing violating advertisements to implement solutions to manage online advertising activities.
Pointing out that over time, the way and form of advertising has been changing very quickly, delegate Tran Van Tuan (National Assembly Delegation of Bac Giang province) said that in the past, advertising on large billboards, large boards, on vehicles along national highways, and in urban areas was very popular, but recently it has received less attention, and has gradually shifted to advertising through social networks. The delegate pointed out the current situation of billboards along national highways and traffic routes that are torn and damaged, affecting aesthetics and traffic safety and order, but this situation has not yet been promptly resolved and handled.
According to the current Law on Advertising, Clause 4, Article 8 stipulates prohibited acts in advertising, stating: Advertising that affects urban aesthetics, traffic safety and order, and social order is prohibited. Delegate Tran Van Tuan wondered what the responsibilities and obligations are when the advertising contract has expired and there is no need to use those advertising media, so what are the responsibilities of the relevant entities in dismantling or refurbishing them? Realizing that the draft Law has not clearly regulated these issues, Delegate Tran Van Tuan suggested that in Articles 12, 13, and 15 related to the three entities including advertisers, location lessors, advertising service providers, advertising media lessors... must all be responsible for dismantling these advertising media when the advertising contract expires; or must dismantle, refurbish, and repair these advertising signs when they are damaged.
Discussing in groups, delegates said that in reality, there are many violations of advertising, especially advertising that does not match the quality of the product, leading to misunderstandings for consumers, making the rights of consumers not guaranteed. Therefore, delegates proposed to prescribe stronger sanctions for violations of advertising.
Delegates suggested that there should be more transparency in advertising activities, especially advertising in newspapers; clearly defining regular news articles and sponsored news articles for advertising purposes. According to delegates, increasing advertising space in newspapers and magazines will help press agencies increase revenue and better implement the financial autonomy mechanism. However, there should be specific regulations on advertising positions for each type of newspaper and magazine publication.
Some comments suggested a policy impact assessment to clarify the basis to increase the persuasiveness of the amendment to increase advertising time on pay TV channels from 5% to 10%.
Also at the meeting, delegates discussed the investment policy for the National Target Program on Drug Prevention and Control until 2030 and the draft Law on Chemicals (amended)./.
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