Decree No. 12/2026/TT-BVHTTDL, detailing certain provisions of the Advertising Law and the Decree detailing certain provisions of the Advertising Law

 

Detailed provisions for certain articles of the Advertising Law and the Decree detailing certain articles of the Advertising Law

BASED ON Article 16/2012/QH13 of the Advertising Law amended and supplemented by Laws No. 35/2018/QH14, No. 42/2024/QH15, No. 47/2024/QH15, and No. 75/2025/QH15;
BASED ON Decree No. 342/2025/NĐ-CP of the Government dated December 26, 2025, detailing certain articles of the Advertising Law;

BASED ON Decree No. 43/2025/NĐ-CP of the Government dated February 28, 2025, on the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

IN ACCORDANCE WITH the proposal by the Director of the Department of Cultural Institutions, Families, and Libraries;

THE MINISTER OF CULTURE, SPORTS AND TOURISM ISSUES THIS CIRCULAR TO PROVIDE DETAILED PROVISIONS FOR CERTAIN ARTICLES OF THE ADVERTISING LAW AND THE DECREE DETAILING CERTAIN ARTICLES OF THE ADVERTISING LAW.

CHAPTER I

GENERAL PROVISIONS

Article 1. Scope of application

This Circular provides detailed provisions for certain articles and matters delegated in the Advertising Law and Decree No. 342/2025/NĐ-CP detailing certain articles of the Advertising Law, including:

1. Paragraph 11 of Article 8 of the Advertising Law No. 16/2012/QH13 amended by Laws Nos. 35/2018/QH14, 42/2024/QH15, 47/2024/QH15, and 75/2025/QH15 (hereinafter referred to as the Advertising Law) on similar terms and legal documents proving such terms.

2. Article 9 of the Advertising Law on the Advertising Review Board.

3. Paragraph 1 of Article 24 of Decree No. 342/2025/NĐ-CP on the dossier and procedures for examining the organization of a group of people to carry out advertising.

Article 2. Applicability

This Circular applies to state organs, organizations, and individuals in Vietnam; foreign organizations and individuals participating or related to advertising that uses the terms "first," "unique," "best," "number one," or similar terms; advertising review procedures; dossiers and procedures for examining the organization of a group of people to carry out advertising.

CHAPTER II

SPECIFIC PROVISIONS

Article 3. Similar terms and legal documents proving such terms

1. Similar terms as provided in Paragraph 11 of Article 8 of the Advertising Law are words or phrases in Vietnamese or foreign languages that assert a leading position, uniqueness, absolute nature of products, goods, or services.

2. Legal documents proving Paragraph 11 of Article 8 of the Advertising Law include one of the following types:

a) Market survey results from an organization established and operating legally with market research functions;

b) Certificates issued by competent authorities at national, regional, or international competitions, exhibitions, awards, where products, goods, or services are selected, ranked, evaluated, and recognized as "first," "unique," "best," "number one," or similar terms.

3. The duration of using the documents specified in Paragraphs 1 and 2 on advertising products is limited by the validity period of the certificate or market survey results.

4. On advertising products, it must clearly and accurately state the name of the document; number, symbol, and date of publication of the market survey results or the date of issuance of the certificate specified in Paragraphs 1 and 2.

5. The documents specified in Paragraphs 1 and 2 may only be used if:

a) Ensuring independence, objectivity, and truthfulness;

b) Not causing confusion to consumers and complying with relevant laws and regulations.

a) Ensuring independence, objectivity, and truthfulness;

b) Avoiding confusion for consumers and complying with relevant legal provisions;

Article 4. Advertising Product Review Board

1. The Advertising Product Review Board established in accordance with Article 9 of the Law on Advertisement is decided to be formed by the Ministry of Culture, Sports and Tourism.

2. The number of members of the Advertising Product Review Board must be an odd number and shall include at least five members, including one Chairman, one Secretary, and other members.

3. The Chairman of the Advertising Product Review Board is the representative of the leadership body in charge of advertising management at the central level.

4. Members of the Advertising Product Review Board must ensure independence, objectivity, and be responsible for their review opinions; they shall not participate in the review when there is a conflict of interest as stipulated by anti-corruption laws related to the advertised product being reviewed.

In case it is discovered that a member of the Advertising Product Review Board has a conflict of interest related to the advertised product, such cases will be handled according to the provisions of criminal law, anti-corruption law, and other relevant laws.

Article 5. Principles and Working Methods of the Advertising Product Review Board

1. The Advertising Product Review Board operates on the principle of collective decision-making, open discussion, and democratic participation. Members of the review board work independently, objectively, and truthfully, with the right to reserve their opinions.

2. The Advertising Product Review Board functions according to the establishment decision; it automatically ceases operations after completing the review task as per the establishment decision.

3. A meeting of the Advertising Product Review Board may only be convened when more than three-quarters of its members are present, including the Chairman. Members who cannot attend must provide their opinions in writing on the Opinion Form No. 02 attached to this Circular. The opinion form of a member who is absent shall be counted as part of the voting results and has the same value as the direct participation at the meeting.

Documentation for review and the invitation to the meeting are sent to members of the Advertising Product Review Board no later than two working days before the scheduled meeting.

4. The advisory opinion of the Advertising Product Review Board must be agreed upon by at least two-thirds of its total membership, which is recorded in the Minutes of the Meeting of the Review Board signed by the Chairman.

Article 6. Requirements for Reviewing Advertising Products

1. Organizations or individuals seeking to review an advertising product submit a request for such review to the central authority responsible for advertising management according to Form No. 01 attached to this Circular.

2. Upon receipt of a request from organizations or individuals, the central authority responsible for advertising management establishes the Advertising Product Review Board and convenes it to conduct the review.

3. Based on the minutes of the meeting of the review board, the central authority responsible for advertising management submits its conclusion regarding the compliance of the advertising product with legal provisions to the Minister of Culture, Sports and Tourism for issuance and sends it to the organization or individual.

Article 7. Documentation and Procedure for Notifying a Group to Carry Out Advertising

1. The documentation required for notifying a group to carry out advertising includes:

a) A notification document in the format specified as Model No. 03 in the annex to this Circular;

b) Layout, script, or documents illustrating the content and form of the advertised product;

c) Copies of documents and materials certifying compliance with advertising conditions for business operations, assets, products, goods, or services as provided in Article 20 of the Advertising Law.

2. Procedure for notification:

a) Organizations or individuals wishing to notify a group to carry out advertising shall prepare one set of documentation in accordance with the provisions of paragraph 1 and submit it to the competent authority under the People's Committee at the provincial level, which advises and assists the provincial People's Committee in performing its functions related to advertising management. The submission may be made by any of the following methods: directly at a One-Stop Service window; through postal services or online on the National E-Government Portal where the advertisement is to be carried out;

b) In cases where the documentation is incomplete, inaccurate, or outside the scope of authority for resolution as per regulations, the competent authority under the People's Committee at the provincial level, which advises and assists the provincial People's Committee in performing its functions related to advertising management, shall notify the organization or individual to supplement and complete the documentation. The notification must clearly state the content, reasons, and specific guidance in one instance for the organization or individual to accurately supplement or send correctly to the competent authority. The time limit and method of notification are as follows:

- For documentation submitted directly or through postal services: within a period of two working days from the date of receipt of the documentation, the receiving authority shall notify the organization or individual in writing;

- For documentation submitted online: no later than eight hours after the National E-Government Portal's information system for handling administrative procedures receives the documentation, the receiving authority shall notify the organization or individual through their account on the National E-Government Portal or via email and automated text messages;

c) Within five working days from receipt of a fully complete and accurate documentation, in cases where there is disagreement with the content of the notification, the competent authority under the People's Committee at the provincial level, which advises and assists the provincial People's Committee in performing its functions related to advertising management, shall issue a written response to the organization or individual and must specify reasons for any discrepancies regarding the documentation requirements, advertisement content, timing, location, route, and safety and order assurance plans.

Upon expiration of the above period, if the competent authority under the People's Committee at the provincial level, which advises and assists the provincial People's Committee in performing its functions related to advertising management, does not provide a response, the organization or individual may proceed according to the content of the notification.

Chapter III

CONDITIONS FOR IMPLEMENTATION

Article 8. Effective Date and Transitional Provisions

1. This Circular shall take effect from July 5, 2026.

2. The following provisions and regulations will cease to be effective as of the date this Circular takes effect:

a) Circular No. 10/2013/TT-BVHTTDL by the Minister of Culture, Sports and Tourism, which details and guides implementation of certain provisions of the Advertising Law and Decree No. 181/2013/NĐ-CP dated November 14, 2013, by the Government, which details implementation of certain provisions of the Advertising Law;

b) Article 3 and Annex 3 of Circular No. 13/2023/TT-BVHTTDL dated October 30, 2023, by the Minister of Culture, Sports and Tourism, which amends and supplements provisions related to identification documents in certain Circulars issued by the Minister of Culture, Sports and Tourism;

c) Article 1 of Circular No. 21/2025/TT-BVHTTDL dated December 26, 2025, by the Minister of Culture, Sports and Tourism, which amends and supplements certain provisions of various Circulars related to administrative procedures for production and business activities under the purview of the Ministry of Culture, Sports and Tourism;

d) Article 9 of Circular No. 09/2025/TT-BVHTTDL dated June 12, 2025, by the Minister of Culture, Sports and Tourism, which regulates delegation and determination of authority for local government at two levels in the field of culture, sports, and tourism.

3. Documentation and procedures for advertising as stipulated in Articles 6 and 7 of this Circular that have been received prior to the effective date of this Circular shall continue to be processed according to the provisions of the Advertising Law and Circular No. 10/2013/TT-BVHTTDL.

Article 9. Implementation Responsibility

1. Heads of agencies, units under the Ministry of Culture, Sports and Tourism, Directors of Departments of Culture, Sports and Tourism, Departments of Culture and Sports of provinces, municipalities directly under the Central Government, and relevant organizations and individuals shall bear responsibility for implementing this Circular.

2. During implementation, if there are any difficulties or issues, it is requested that organizations and individuals report to the Ministry of Culture, Sports and Tourism (through the agency responsible for state administration of advertising at the central level) for guidance according to their authority or report to the Minister for examination and decision.

 

 

DATE

Color Number 01

Request for Review of Advertising Products
(Issued in conjunction with Circular No. 12/2026/TT-BVHTTDL dated May 22, 2026 by the Minister of Culture, Sports and Tourism)

 

To: …

Organization/Individual:…

Business Registration Number (for organizations) …

Personal Identification Number/ID Card Number (if individual): …… Date of issue…Place of issue … Contact Information: Phone:…Email:…

Address : …

Request for Review of Advertising Product:

- Name of the advertising product: …

- Form of advertising: …

- Scope of review:…

I (we) hereby guarantee the accuracy and truthfulness of all data and documents mentioned in the above-mentioned documents. In case of any violation, we will fully bear the responsibility according to the provisions of the law.

Name of organization/individual requesting

 

 

1. Copies of certificates and documents proving advertising conditions for business operations, assets, products, goods, or services in accordance with Article 20 of the Advertising Law.

2. Marketing materials, scripts, or other documents illustrating the content and form of the advertising product.

3. Legal documents substantiating as required by this Circular (in cases where the advertising product requires review and uses terms such as "best", "unique", "number one" or similar).

Color Number 02

 

Reviewer's Opinion Form for Advertising Product

(Issued in conjunction with Circular No. 12/2026/TT-BVHTTDL dated May 22, 2026 by the Minister of Culture, Sports and Tourism)
REVIEW BOARD

 

Position: …

Name of advertising product requiring review:…

REVIEW OPINION

1. Regarding the Application

a) Accuracy and truthfulness of the application

b) Requirements for substantiation to support content needing review

....................................................................................................................................

………………………………………………………………………………………

2. Regarding the Content of Advertising

……………………………………………………………………………………….

………………………………………………………………………………………..

a) Compliance with legal provisions on advertising regarding the product's content

b) Suggestions for corrections (if any)

..................................................................................................................................

..................................................................................................................................

Voting Opinion

...................................................................................................................................

……………………………………………………………………………………..

- Agree:                                  □

- Disagree:                         □

- Other opinion:…

…, day…month….. year …..

……………………………………………………………………………………………

……………………………………………………………………………………………

 

 

Notification of Organization for Advertising Implementation Team

(Issued in conjunction with Circular No. 12/2026/TT-BVHTTDL dated May 22, 2026 by the Minister of Culture, Sports and Tourism)
THE SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness
NOTIFICATION OF ORGANIZATION FOR ADVERTISING IMPLEMENTATION TEAM
---------------

To: …(1)…

Organization/Individual:…(2)…

Business Registration Number (for organizations):…(3)…

Personal Identification Number/ID Card Number:… (4)…… Date of issue…(5)……Place of issue………(6)…

Contact Information: Phone:…Email:…

Address : …

Advertising Content:

- Name of product/service: …

- Method of implementation: …

Media (if applicable):

- Type: …

- Quantity: …

Time and schedule:

- From ... hour ... date ... to ... hour ... date ...

- Assembly point: …

- Route: …

- End point: …

Safety and order assurance plan:

- Traffic safety measures:…

- Fire prevention, firefighting measures (if applicable): …

Attached documents:…..

I (we) hereby commit to comply with all regulations on safety and order and will bear full responsibility for any violation.

…, day…month…year…

 

 

(1) The competent agency under the People's Committee of the province where the advertising implementation takes place, which advises and assists the provincial People's Committee in performing state management functions over advertising.

Information at points (5), (6):

- For online application: Information is automatically filled from national databases; applicants do not need to fill out. If information cannot be automatically filled, applicants must provide complete details.

- For paper application (direct submission or via post): Applicants must provide complete details in the form.

The information on this form will be used for developing interactive electronic forms when government agencies provide online public services.

The information in this form is used to construct an interactive electronic form when state agencies provide online public services.