Penalty for Miss for advertising exaggerating product functions

Lawyer Nguyen Thi Thuy, YouMe Law Firm LLC, replied:

Clause 5, Article 34 of Decree 38/2021/ND-CP regulating administrative sanctions in the field of culture and advertising stipulates:

5. Fines from VND 60,000,000 to VND 80,000,000 for acts of incorrect advertising or causing confusion in business capabilities, ability to provide products, goods, and services of organizations and individuals doing business in products, goods, and services; quantity, quality, price, uses, design, packaging, trademark, origin, type of service, warranty period of registered or published products, goods, services, except for the cases specified in Clause 4, Article 51, Point b, Clause 4, Article 52, Clause 1, Article 60, Point c, Clause 1, Article 61 of Decree 38/2021/ND-CP.

According to Point a, and Point c, Clause 8, Article 34 of Decree No. 38/2021/ND-CP, in addition to being fined, individuals who violate will also be forced to remove, remove, delete advertisements and force information reform.

According to the provisions of Clause 2, Article 5 of Decree 38/2021/ND-CP, amended in Clause 2, Article 1 of Decree 128/2022/ND-CP, in case of violation, organizations will be fined twice as much as individuals.

In case the act of advertising false products on social networks constitutes a crime, the violator may be prosecuted for criminal liability for the crime of false advertising according to Article 197 of the 2015 Penal Code as follows:

1. Those who propagate false information about goods and services, have been administratively sanctioned for this act or have been convicted of this crime, have not had their criminal records cleared but still violate, will be subject to a fine of VND 10,000,000 to VND 100,000,000 or a non-custodial reform fine of up to 03 years.

2. The offender may also be fined from VND 5,000,000 to VND 50,000,000, banned from practicing or doing certain jobs from 01 year to 05 years.

Thus, beauty queens advertising exaggerated products on social networks can be subject to administrative sanctions or criminal prosecution according to the above regulations.