Decree No. 70/2021/ND-CP Amending and supplementing some articles of Decree No. 181/2013/ND-CP dated November 14, 2013, of the Government detailing the implementation of certain provisions of the Advertising Law

Issuing authority: Government Office

DECREE
Amending and supplementing certain articles of Decree No. 181/2013/NĐ-CP dated November 14, 2013 of the Government detailing the implementation of certain provisions of the Advertising Law

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Advertising Law dated June 21, 2012;

||| Pursuant to the Cyber Security Law dated June 12, 2018;

At the proposal of the Minister of Information and Communications;

The Government promulgates the Decree amending and supplementing certain articles of Decree No. 181/2013/ND-CP dated November 14, 2013 of the Government detailing certain provisions of the Advertising Law.

Article 1. Amending and supplementing certain articles of Decree No. 181/2013/NĐ-CP dated November 14, 2013 of the Government detailing the implementation of certain provisions of the Advertising Law

1. Amending and supplementing Article 13 as follows:

"Article 13. Cross-border advertising service provision activities in Vietnam

1. Cross-border advertising service provision activities in Vietnam refer to foreign organizations and individuals using online information systems for advertising services from equipment located outside the territory of Vietnam, providing such services to users in Vietnam, generating revenue in Vietnam.

2. The online information system for cross-border advertising services referred to in this Decree is a system of information using one or more web pages in the form of symbols, numbers, letters, images, sounds, and other types of information aimed at providing users with services related to storage, provision, use, search, exchange, sharing of sound and image information, creating forums (forums), chatting (chats) online to provide advertising services.

3. Domestic and foreign advertising service providers, advertisers, and publishers participating in cross-border advertising service provision activities in Vietnam must comply with Vietnamese laws on advertising, cybersecurity regulations, and management, provision, and use of Internet services and information on networks; they must pay taxes according to tax laws.

4. Foreign organizations and individuals operating cross-border advertising services in Vietnam must comply with the rights and obligations stipulated in Article 13 of the Advertising Law and the following provisions:

a) Informing the Ministry of Information and Communications about the following information:

Name of organization, trading name, main office address where advertising service provision activities are registered; location of the main server system providing services and servers located in Vietnam (if any);

Contact person: name of the representative organization or individual in Vietnam (if any), email address, contact phone number;

Form and time of notification: At least 15 days before commencing cross-border advertising service provision activities in Vietnam, foreign organizations and individuals shall directly notify, or send notifications through postal services or electronic means to the Ministry of Information and Communications (Radio, Television and Electronic Information Administration);

Upon receipt of the notification, the receiving agency shall issue a confirmation letter in writing or via electronic means to the organization or enterprise within seven working days from the date of receipt of the notification;

b) Not placing advertisements in content that violates the law as stipulated in Clause 1 of Article 8 of the Cybersecurity Law and Article 28 of the Intellectual Property Law;

c) Implement measures to block and remove illegal information upon request of the Ministry of Information and Communications and competent authorities as stipulated in Article 14 of this Decree; provide information about organizations and individuals related to cross-border advertising activities suspected of violating the law to competent authorities when requested.

5. Advertisers and publishers when entering into contracts with advertising service providers (including domestic and foreign organizations and individuals providing cross-border advertising services) have the rights and obligations:

a) Requesting advertising service providers not to place advertisements in content that violates the law as stipulated in Clause 1 of Article 8 of the Cybersecurity Law and Article 28 of the Intellectual Property Law;

b) Require advertising service providers to implement technical solutions so that advertisers and publishers in Vietnam can control and eliminate advertisements violating Vietnamese law on the service-providing system.

6. Advertising service providers, advertisers, and publishers shall not cooperate in issuing advertisements with online information systems that have been publicly notified of violations of the law by competent authorities on the Ministry of Information and Communications' website."

2. Amending and supplementing Article 14 as follows:

"Article 14. Management responsibilities for cross-border advertising service provision activities

1. Ministries, sectors, and localities are responsible for detecting and identifying cross-border advertisements that violate the law according to their assigned authority under laws governing management and administrative penalties in the field of advertising.

The Ministry of Information and Communications is the agency receiving notifications of cross-border advertisements that violate the law from ministries, sectors, and localities, and serves as the point of contact for sending requests to handle illegal advertisements to foreign organizations and individuals providing cross-border advertising services.

2. After receiving evidence of cross-border advertisements that violate the law, within five days, the Ministry of Information and Communications shall review and inspect the content of the violation and send a written request or electronic request for handling to foreign organizations and individuals providing cross-border advertising services. Information about illegal advertisements sent to foreign organizations and individuals providing cross-border advertising services for handling will be publicly announced on the Ministry of Information and Communications' website.

After receiving the request from the Ministry of Information and Communications, within 24 hours, foreign organizations and individuals providing cross-border advertising services shall carry out the handling of illegal advertisements according to the request.

If, after the aforementioned period, foreign organizations and individuals fail to handle illegal advertisements according to the request without justifiable reasons, the Ministry of Information and Communications will take measures to block illegal advertisements.

In cases where cross-border advertisements that violate the law affect national security of Vietnam, competent authorities of Vietnam shall immediately take measures to block illegal advertisements.

Blocking measures can only be removed after foreign organizations and individuals have handled the illegal advertisements according to the request of the Ministry of Information and Communications.

3. Amend and supplement Article 15 as follows:

"Article 15. Periodic Reports

1. Domestic advertising service providers cooperating with foreign organizations and individuals providing cross-border advertising services in Vietnam shall submit annual periodic reports (before December 31) or ad hoc reports when required regarding cross-border advertising service provision activities in Vietnam to the Ministry of Information and Communications (Radio, Television and Electronic Information Administration) according to Model No. 01 issued together with this Decree.

Reports shall be submitted through one of the following methods: direct submission, postal service, or electronic means.

2. Provincial Departments of Information and Communications shall submit annual periodic reports (before December 31) or ad hoc reports when required according to their assigned functions and tasks regarding the management of cross-border advertising service provision activities in Vietnam to the Ministry of Information and Communications (Radio, Television and Electronic Information Administration).

Article 2. Implementation clause

1. This Decree shall take effect from September 15, 2021.

2. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees at all levels, and related organizations and individuals shall be responsible for implementing this Decree.

Appendix

..., day ... month ... year...

BUSINESS COOPERATION ACTIVITY REPORT ON SERVICE ADVERTISING
CROSS-BORDER ADVERTISING IN VIETNAM

Respectfully submitted to: ...

Business information

1. Name of organization, enterprise:

2. Business code:

3. Head office address, phone number, email address:

4. List of foreign organizations and individuals involved in cross-border advertising cooperation in Vietnam:

5. Revenue from cross-border advertising cooperation activities in Vietnam (from January 1 to the reporting date):

6. Issues encountered and arising (if any):

7. Suggestions and proposals (if any):