Continuing the 9th Session, on the morning of May 10, Member of the Party Central Committee, Member of the National Assembly Standing Committee, Chairman of the National Assembly's Committee on Culture and Society Nguyen Dac Vinh presented a report explaining, accepting, and revising the draft Law amending and supplementing a number of articles of the Law on Advertising.
Regarding the rights and obligations of advertisers (Clause 8, Article 1 of the draft Law supplementing Article 15a), according to Mr. Nguyen Dac Vinh, some opinions say that Article 15a mainly regulates obligations, lacks regulations on the rights of advertisers and proposes to review to ensure consistency between the draft Law and the Law on Consumer Protection 2023.
Many opinions have commented on the obligations of the person who transfers the advertising product as an influencer.
In response to the opinions of delegates, the draft Law has revised Article 15a, including 3 clauses as follows:
Clause 1 stipulates the rights of people who transfer advertising products.
Clause 2 stipulates the obligations of advertisers in general.
Clause 3 stipulates the obligations of affected people when transferring advertising products, in addition to the general obligations specified in Clause 2, there are a number of specific obligations; remove the regulation on the obligation to directly use products when advertising cosmetics, health protection foods, and dietary supplements on social networks due to low feasibility, difficulty in controlling and implementing.
Article 11 of the draft law stipulates the handling of violations in advertising activities.
Accordingly, individuals, legal entities, and other organizations that violate the provisions of this law and other relevant legal provisions will be subject to disciplinary action, administrative sanctions, or criminal prosecution, depending on the nature and severity of the violation. If there is damage, compensation must be paid according to the provisions of law.
The state management agency for advertising activities must be responsible for its handling decision; in case of wrong decision, causing damage, compensation must be paid according to the provisions of law.
The Government shall specify the behavior, forms and levels of administrative sanctions for violations in advertising activities.
According to Mr. Nguyen Dac Vinh, some opinions suggest removing the regulations on limiting the ratio of advertising space in newspapers and magazines. There are opinions suggesting keeping it the same as the current law.
Currently, the advertising market share in the newspaper has decreased sharply, so to support the press agencies to well implement the financial autonomy mechanism, sufficient investment resources, improve the quality of the content and articles, therefore, the Standing Committee of the National Assembly of the Council with the Draft Law on adjusting the advertising area in newspaper publications, magazines (must not exceed 30% of the total area of a newspaper publication or 40% of the total publication of the magazine).
Some opinions suggest keeping the regulation on advertising duration on pay TV channels as the current law at 5%.
In response to the opinions of delegates, the draft law maintains the regulation on advertising duration on pay TV channels at 5% as in the 2012 Advertising Law to ensure the rights of viewers when they have to pay fees.
Some opinions suggested a thorough assessment of the impact on changing advertising time, especially on Vietnam Television's films during prime time.
The draft law also clearly stipulates the responsibility of organizations and individuals participating in online advertising and cross-border advertising activities to prevent and remove violating advertising. In case of failure to do so, the competent authority will deploy technical measures to prevent and handle the measure according to the provisions of law.
