On the morning of June 16, with 453/461 delegates participating in the vote, the National Assembly passed the Law amending and supplementing a number of articles of the Advertising Law. This Law takes effect from January 1, 2026.
Reporting on the explanation and revision of the draft law, Chairman of the Committee for Culture and Society Nguyen Dac Vinh said that there were opinions suggesting adding the obligation for advertisers to be jointly responsible for compensation for untrue advertising.
The National Assembly Standing Committee said that entities participating in advertising activities must be responsible for providing information when requested by competent state agencies, including those who transmit advertising products.
Regarding the responsibility for joint compensation, to advertise a product, there are many entities participating; each subject is responsible for fully fulfilling its obligations.
When there are violations, depending on the nature and severity of the violation, they will have to be handled accordingly. Therefore, the National Assembly Standing Committee kept the provisions as in the draft law.
There are opinions suggesting tightening regulations on people who transfer advertising products as influential people in the direction that only people with expertise related to the product are allowed to transfer advertising products.
Currently, in the market mechanism, participating in advertising activities of celebrities and influencers is a commercial activity of positive significance, contributing to promoting production, business, economic development, and encouraging innovation.
The draft law has stipulated additional obligations that advertiser must fulfill to ensure tighter management. Therefore, the National Assembly Standing Committee maintains the regulation of not restricting advertising to celebrities and influential people.
There are opinions suggesting clarifying the feasibility of the regulation requiring influential people when submitting advertising products to be obliged to verify the advertiser's reliability.
The National Assembly Standing Committee believes that it is necessary to supplement specific and clear regulations on the rights and obligations of those who transmit advertising products. This is to overcome the situation where some celebrities and influential people have acts of false advertising, advertising fake and counterfeit goods.
In particular, the obligation to " verify the reliability of advertisers" aims to increase the responsibility of advertisers to the community and society.
Regarding online advertising, there are opinions suggesting reviewing and assessing the feasibility of the regulation "not advertising on electronic information pages, social networks, online applications, digital platforms that violate the law".
The National Assembly Standing Committee believes that current laws have stipulated this content and are being implemented quite effectively to overcome the situation of brand safety when Vietnamese brands are attached to inappropriate content and fake news to sabotage the Party and the State.
Therefore, in order to increase the responsibility of entities participating in online advertising activities, towards the goal of sustainable development of the advertising and digital content creation industry, the National Assembly Standing Committee kept the regulations as in the draft law.
There are opinions suggesting adding a regulation requiring cross-border platforms to have legal representatives in Vietnam.
However, the requirement for foreign individuals and entities to have a legal representative in Vietnam to do advertising services in Vietnam is not in line with Vietnam's commitments when joining the WTO.
