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| Foreign organizations and individuals wishing to advertise in Vietnam must hire Vietnamese advertising service providers to do so, in accordance with the current Commercial Law. (Photo: Contributor/Vietnam+) |
On June 16, the National Assembly officially passed the Law amending and supplementing a number of articles of the Advertising Law with 453/461 delegates present in favor (reaching a rate of 94.77%).
Previously, Chairman of the National Assembly's Committee on Culture and Society Nguyen Dac Vinh presented a report on receiving, explaining and revising the draft law and said that the draft law after completion was assessed to meet the amendment goals and be eligible for passage.
One of the key contents of this revised Law is to clarify and strengthen the responsibility of "advertising product carriers," especially influencers. The National Assembly Standing Committee emphasized the need for these regulations to address negative issues in advertising activities in recent times.
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| (Photo: Vietnam+) |
Specifically, the Law has clarified the term "advertising" and moved the provision explaining "the person delivering the advertising product is an influencer" to Article 15a. Regarding rights and obligations, the person delivering the advertising product will have to "provide documents related to the advertising content when requested by a competent state agency." In addition, the influencer must have the obligation to verify the credibility of the advertiser (point a, clause 3, Article 15a). Chairman of the Committee Nguyen Dac Vinh emphasized that this provision aims to increase the responsibility of influencers to the community and society, so it has been kept as in the draft.
In response to the suggestion that influencers should be jointly liable for compensation when advertising falsely, Mr. Vinh said that each entity participating in advertising is responsible and will be handled depending on the nature and level of the violation. The proposal to limit influencers to advertising only products related to their expertise was also not approved, because their advertising activities are considered to contribute positively to the economy , and the draft already has stricter management obligations. However, Mr. Vinh said that the National Assembly Standing Committee has accepted and revised the regulations on the time and form of notification when influencers transmit advertising products.
Notably, the Law amending and supplementing a number of articles of the Law on Advertising brings about important changes in advertising rates in the mass media.
Specifically, according to the revised Articles 21 and 22, the advertising area on printed newspapers will not exceed 30% of the total area of a publication (a decrease from before) and for magazines it is 40%. Similarly, the advertising duration on broadcast television channels (video newspapers) is limited to 10% of the total broadcasting time in a day (a decrease from before) and for pay television channels it is 5%. Channels and publications specializing in advertising are not subject to this regulation.
In addition, the Law also requires clear signs to distinguish advertising content from other content. The goal of these adjustments is to improve content quality, balance commercial interests and the experience of readers and viewers.
Regarding online advertising, the Law maintains regulations on not advertising on websites and social networks that violate the law to protect brand safety.
Regarding the proposal to require cross-border platforms to have a legal representative in Vietnam, the National Assembly Standing Committee pointed out that this is not consistent with WTO commitments. Instead, the Law stipulates the responsibilities of online advertising service providers, including foreign individuals and legal entities. Foreign organizations and individuals wishing to advertise in Vietnam must hire Vietnamese advertising service providers to do so, in accordance with the current Commercial Law.
Vietnam+
Source: https://baodanang.vn/kinhte/202506/luat-quang-cao-sua-doi-siet-chat-trach-nhiem-nguoi-co-anh-huong-quang-cao-4009694/
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