At the 9th session of the 15th National Assembly, contributing comments to the draft Law amending and supplementing a number of articles of the Law on Advertising, delegate Nguyen Tam Hung - National Assembly Delegation of Ba Ria - Vung Tau province said that this draft law has been amended and supplemented to update the practice of advertising in the digital environment, especially adding the concept of cross-border advertising services and specific regulations on the responsibilities of entities participating in online advertising activities.
However, according to delegates, some provisions in the draft are unclear or not feasible enough to effectively regulate cross-border and digital advertising activities, a particularly complex and rapidly changing field.
Delegate Nguyen Tam Hung - National Assembly Delegation of Ba Ria - Vung Tau province
Commenting specifically on the concept of cross-border advertising service provision in Vietnam in Clause 14, Article 1, the delegate said that this concept only stops at describing the use of a system of service provision equipment located outside of Vietnam but has not clarified identification factors such as whether or not it is necessary to register a business in Vietnam, whether it is applied on the basis of having a representative office in Vietnam or not, the scope of identifying users in Vietnam is by IP address, phone number or personal data?
Therefore, delegates suggested that it is necessary to specify the criteria for determining cross-border advertising services in Vietnam based on technical practices, including the scope of consumer reception in Vietnam, signs of advertising with business elements aimed at the Vietnamese market, data bases for analyzing user behavior, and actual presence and commerce in Vietnam.
Second, the rights and obligations of the person who transmits the advertising product. Clause 3, Article 15a requires that "influencers when transmitting advertisements must verify the credibility of the advertiser and must not introduce the product before using it". Delegates believe that this is a progressive regulation, but if there is a lack of specific guidance, it will easily cause difficulties in implementation and handling of violations.
Therefore, delegate Nguyen Tam Hung proposed to supplement regulations to more clearly define influencers in the digital environment according to the criteria of interaction volume and level of impact on the public. There should be a process to guide the transparency of sponsorship content according to international practices, clearly defining the joint responsibility between influencers on digital platforms and advertisers in the event of false advertising.
Create a solid legal framework to manage the advertising market
Third, on the responsibilities of providers of digital platforms and online advertising services. Delegates noted that Clause 5, Article 23 stipulates quite detailed responsibilities for online advertising service providers, such as storing data, verifying the identity of advertisers, and controlling infringing content. However, many of the obligations are very demanding, while most cross-border platforms such as Google, Meta, etc. do not have legal headquarters in Vietnam or have not fully fulfilled their tax obligations.
Therefore, delegates proposed to add regulations requiring cross-border platforms to have a legal representative in Vietnam, similar to the provisions in the Law on Cyber Security and the Law on Personal Data Protection, which clearly stipulate the enforcement or post-audit mechanism if the subject does not comply, for example, blocking violating advertisements or stopping advertising cooperation. It is recommended that the Government clearly stipulate technical standards for advertising control technical solutions to ensure feasibility and monitoring capabilities.
Fourth, on user control and feedback. Point b, Clause 2, Article 23 of the draft law stipulates that "advertising must have a feature that allows users to turn off ads and reject inappropriate ads", but does not clarify the feedback mechanism, who will handle it, for how long, and how to handle it. Therefore, delegates proposed to add a regulation requiring digital platforms to build a portal to receive feedback on violating ads in Vietnamese, have a transparent handling mechanism, specify the maximum handling time, for example within 72 hours, and the responsibility to notify the complainant of the handling results.
Fifth, on the mechanism for cooperation in managing cross-border advertising. Through research, delegates found that the draft law does not yet have provisions on an international coordination mechanism in controlling cross-border advertising violations. Therefore, delegates proposed to add provisions on the Ministry of Culture, Sports and Tourism taking the lead in developing an inter-sectoral coordination mechanism with the Ministry of Science and Technology, the Ministry of Public Security , and the Ministry of Finance to handle cases of cross-border advertising that violate the law in Vietnam. It is necessary to establish a system for data exchange and technical cooperation between management agencies and cross-border platforms.
Source: https://bvhttdl.gov.vn/can-xay-dung-co-che-phoi-hop-lien-nganh-xu-ly-cac-truong-hop-quang-cao-xuyen-bien-gioi-vi-pham-phap-luat-tai-viet-nam-20250513090204858.htm
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