On the morning of June 4, the National Assembly Standing Committee gave its opinion on the reception, explanation, and revision of the draft Law amending and supplementing a number of articles of the Law on Advertising.
Chairman of the National Assembly's Committee on Culture and Society (VHXH) Nguyen Dac Vinh said that basically, the opinions of National Assembly deputies (NA deputies) all agreed with the explanation report, acceptance and revision of the National Assembly Standing Committee and the draft Law that has been accepted and revised.
In addition, the drafting agency of the Law also has a number of explanations to accept the opinions of National Assembly deputies.
Regarding the proposal to tighten regulations on people who transfer advertising products as influential people in the direction of - "only people with expertise related to the product are allowed to transfer advertising products", the National Assembly's Social Committee believes that currently, in the market mechanism, participating in advertising activities of celebrities is a commercial activity of positive significance, contributing to promoting production, business, economic development, and encouraging innovation in advertising activities.
At the same time, the law on food safety also specifically regulates the advertising activities of medical facilities, medical staff, etc. Therefore, the draft Law requests to keep the regulation of not restricting advertising to influential people.
According to the draft Law, people affected by the provisions of the law on consumer rights protection when transferring advertising products, in addition to the obligations specified in Clause 2, Article 15a of the draft Law, also have other obligations, including:
Verify the reliability of advertisers; check documents related to products, goods, and advertising services; In cases where goods, products, and services are not used or are not clearly understood, goods, products, and services must not be introduced;
Notice immediately before and during the implementation of advertising activities.
The drafting agency believes that the obligation to " verify the reliability of advertisers" aims to increase the responsibility of those who submit advertising products to the community and society.
There are opinions suggesting reviewing and assessing the feasibility of the regulation "not advertising on electronic information pages, social networks, online applications, digital platforms to violate the law".
Regarding this issue, the National Assembly's Social Policy Committee believes that current laws have stipulated this content and are being implemented quite effectively to handle violations such as advertising placed in or next to bad, toxic content, violating the law.
This is an act of brand insecurity when Vietnamese brands are attached to inappropriate content, fake news to sabotage the Party and the State, there is a possibility that advertising revenue of Vietnamese brands is shared, sponsored to violators of the law and encouraged these subjects to continue producing and posting information that violates the law.
Therefore, in order to increase the responsibility of entities participating in online advertising activities, towards the goal of long-term and sustainable development of the advertising and digital content creation industry, the Standing Committee of the National Assembly's Social Committee agreed to keep the above regulation.
There are opinions suggesting adding a regulation requiring cross-border platforms to have legal representatives in Vietnam.
Regarding this issue, the National Assembly's Social Insurance Committee said that Clause 5, Article 23 of the draft Law stipulates the responsibilities of online advertising service traders (including individuals and legal entities with Vietnamese nationality and foreign individuals and legal entities).
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 World Trade Organization (WTO).
