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LTS: After more than 10 years of implementing the Advertising Law, advertising activities have achieved many important achievements. The provisions of the law on advertising have created a legal basis for the development of the advertising industry in a public and transparent direction, especially in the context of economic integration, cultural exchange and free trade market.
However, in the face of urgent practical requirements, the need to perfect the legal system to further develop the potential field of Advertising is a very urgent need.
A field full of potential
Advertising has been identified by the Government as one of the 12 key areas in the Strategy for the Development of Vietnam's Cultural Industry to 2020, with a vision to 2030. In recent times, advertising activities have achieved many important achievements, developing strongly not only with an increase in quantity, quality and revenue of businesses operating in this field but also contributing to the trading of goods and services as a bridge between producers, traders and consumers.
According to Mr. Nguyen Truong Son - Chairman of the Vietnam Advertising Association, advertising according to unified documents is to convey messages for people to recognize, feel and absorb; this message can come from an individual, a group of people or an organization that flexibly uses different forms of media to convey to every corner of life and is close to everyday life.
Advertising is divided into two segments: Commercial and non-commercial advertising. The boundary between the two types is sometimes very fragile, one segment supports the other; there is mutual support, impact on economic, political , cultural, social life and has a huge influence in creating positive trends for society.
Mr. Nguyen Truong Son shared that in the world, the history of advertising has been considered an economic sector for hundreds of years, bringing enormous economic benefits to each country. Vietnamese advertising has really developed since 1990 and up to now, advertising has made great strides, becoming an official profession, creating a widespread influence throughout society in propagating the Party's guidelines and policies, promoting the image of the country and people of Vietnam as well as demonstrating the role of a bridge between production, business and consumption, providing information to help consumers choose suitable products and goods, promoting economic development, becoming one of the country's important industries.
This result is thanks to the attention of the Party and the State to the advertising industry. Decree 194/CP of 1994 of the Government on advertising activities in Vietnam, the Advertising Ordinance of 2001, and the Advertising Law of 2012 have created important legal corridors for advertising activities.
Mr. Nguyen Truong Son said that in the context of international integration, along with the development of information technology, advertising activities are fully responsive to all types of advertising from traditional to modern advertising, which are increasingly expressed in many different forms and means of transmission, creating a widespread spread in the economic, cultural, and social fields and keeping up with the development trends of the world.
According to Statista, Vietnam's advertising revenue in 2022 will reach about 2.192 billion USD, ranking 5th out of 11 ASEAN countries. In terms of growth rate, Vietnam ranks second (12.7%), only after Malaysia (18.9%) and above Indonesia (8.1%), Thailand (3.9%) and Singapore (8.4%). In 2023, it will reach about 2.144 billion USD. This shows that Vietnam's advertising has great potential and room.
It is necessary to amend the Law to meet practical needs.
The year 2024 has been identified by the Ministry of Culture, Sports and Tourism as the year of institutional policies. One of the two important laws that the Ministry has been assigned to draft to soon submit to the Government and the National Assembly for consideration and comments is the Law amending and supplementing a number of articles of the Law on Advertising.
According to the leader of the Ministry of Culture, Sports and Tourism, the Law on Advertising was passed by the 13th National Assembly on June 21, 2012, replacing the 2001 Advertising Ordinance, marking an important step in perfecting the legal system on advertising in Vietnam, in line with the development of advertising activities and the trend of international integration.
Accordingly, the Law on Advertising has comprehensively regulated issues related to advertising activities, from the rights and obligations of organizations and individuals in advertising activities; state management responsibilities; prohibited acts; requirements and conditions for advertising content; advertising media to types of advertising with foreign elements. The Law on Advertising has contributed to creating an equal and open investment and business environment, creating maximum convenience for businesses and people to access public procedures and services, and mobilizing maximum domestic and foreign resources for investment in socio-economic development.
After more than 10 years of implementing the Law, advertising activities have achieved many important achievements. The provisions of the law on advertising have created a legal basis for the development of the advertising industry in a public and transparent direction, especially in the context of economic integration, cultural exchange and free trade market.
Through the mechanisms, policies and legal documents on advertising issued, advertising activities have developed strongly not only with an increase in quantity, quality and revenue of businesses operating in this field but also contributed to the trading of goods and services as a bridge between producers, traders and consumers.
However, in the face of urgent requirements and demands from practice, the legal system on advertising has revealed some limitations and inadequacies. Specifically: Some legal provisions on advertising content and forms are not suitable for the diverse development of advertising activities; Some regulations on the management of advertising activities in the press, online advertising activities, cross-border advertising services need to be adjusted to meet the development and integration trend; Some regulations on outdoor advertising activities have revealed inadequacies and inadequacies.
Therefore, in order to promptly institutionalize the viewpoints, guidelines and policies of the Party and State, keep up with the movements and changes of society, overcome remaining problems, and create favorable conditions for advertising activities to develop, the development of a Draft Law amending and supplementing a number of Articles of the Advertising Law is a necessary and urgent requirement in the current period.
Specify 3 policy groups
The draft Law amending and supplementing a number of articles of the Law on Advertising, which was drafted by the chair, closely follows the purpose, guiding viewpoints and specifies 3 groups of policies: Regulations on advertising content and form; Regulations on management of advertising activities in the press, online environment and cross-border advertising services; Regulations on outdoor advertising activities.
The leader of the Ministry of Culture, Sports and Tourism said that the viewpoint when drafting the Law is to ensure constitutionality, legality, consistency and consistency with the current legal system; seriously and effectively implement international conventions to which Vietnam is a member; ensure consistency, transparency, feasibility, and conformity with international commitments and the actual situation of Vietnam.
Along with that, it is necessary to amend and perfect the legal regulations on advertising that still exist, are complicated, difficult, and not suitable to reality, and supplement new issues arising in practice; legalize regulations and mechanisms that have been confirmed to be suitable by practice to contribute to political and social stability, meet the requirements of socio-economic development, ensure national defense and security, and ensure immediate and long-term benefits.
At the same time, perfecting mechanisms and sanctions to strictly handle violations of advertising policies and laws to enhance consumer rights; increasingly ensuring the rights of organizations and individuals doing advertising business.
The next viewpoint is to implement the principle of unified state management of advertising activities; strengthen the leadership of the Party and state management; strongly decentralize the management authority of local authorities; reform administrative procedures; abolish a number of sub-licenses associated with control and supervision of implementation, ensuring unified management from the central to local levels.
It is known that the draft Law consists of 2 Articles, of which Article 1 amends and supplements a number of Articles of the Advertising Law (amending and supplementing 19 articles and clauses; adding 02 new Articles), supplementing and replacing a number of phrases, abolishing a number of points and clauses of the Advertising Law and Article 2 on Implementation Provisions.
Purpose of drafting the Law amending and supplementing a number of articles of the Law on Advertising
- Timely institutionalize the Party's guidelines and policies and the State's policies on cultural development; promote the role of central and local state advertising management agencies in implementing policies and laws on advertising activities.
- Create a complete, synchronous, and unified legal corridor to manage advertising activities, support, and promote the development of advertising service businesses. Ensure consistency, synchronization, and non-overlap with other relevant legal systems.
- Enhance the responsibility and capacity of entities participating in advertising activities; the capacity of advertising businesses, promote advertising activities in a public, transparent, healthy direction, for the common benefit of society.
Lesson 2: Timely removal of "bottlenecks" to promote the development of outdoor advertising activities
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