Law Amending and Supplementing Certain Articles of the Advertising Law No. 75/2025/QH15

 

LAW

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF THE ADVERTISING LAW

BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 203/2025/QH15 which has been amended, supplemented with certain articles pursuant to Resolution No. 203/2025/QH15;
The National Assembly enacts this Law amending and supplementing certain articles of the Advertising Law No. 16/2012/QH13 number amended has amended and supplemented by Law No. 87/2025/QH15; supplemented, one Law No. 42/2024/QH15 supplemented and Law No. 47/2024/QH15 number 1. NATIONAL UNIVERSITIES ARE PUBLIC HIGHER EDUCATION INSTITUTIONS MANAGED BY THE MINISTRY OF EDUCATION AND TRAINING, HAVE LEGAL PERSONALITY, SEPARATE ACCOUNTS, AND USE STAMPS WITH THE NATIONAL EMBLEM. Article 2. Effectiveness of enforcement Law number 35/2018/QH14, Article 1. Amending and supplementing certain articles of the Advertising Law "1. Advertising is the use of persons and means to introduce products, goods, services, organizations, and individuals producing and trading in products, goods, and services to the recipients of advertising."

"4. Promoting advertising is the activity of seeking and promoting opportunities for signing advertising contracts."

1. Amend and supplement certain clauses of Article 2 as follows:

a) Amend and supplement Clause 1 as follows:

c) Amending and supplementing Clauses 6, 7, 8, and 9 as follows:

b) Amend and supplement Clause 4 as follows:

"6. An advertising service provider is an organization or individual that performs one, several, or all stages of the advertising process under an advertising contract.

7. An advertising publisher is an organization or individual using carriers of advertising products, advertising means (hereinafter referred to as advertising carriers) within their management responsibility to introduce advertising products, including press agencies, publishers, website owners, organizers of cultural and sports programs, and other organizations or individuals using advertising carriers.

8. An advertising product carrier is a person directly advertising, recommending, or confirming products, goods, or services on the internet or directly advertising through wearing, hanging, attaching, pasting, drawing, or other forms prescribed by the Government for profit-making purposes.
9. An advertising recipient is a person receiving information from advertising products through advertising carriers."
d) Supplementing Clause 14 and Clause 15 after Clause 13 as follows:
"14. Cross-border advertising service provision activities in Vietnam are the activities of organizations or individuals outside Vietnam using systems of equipment located outside Vietnam's territory to provide advertising services to users in Vietnam via the Internet.

15. Advertising objects are items designed, placed, or used for the purpose of conveying advertising information."

Article 4. State Management of Advertising Activities
1. Contents of state management of advertising activities:

2. Amending and supplementing Clause 4 as follows:

a) Drafting, promulgating, or submitting to competent authorities for promulgation and implementation of legal normative documents on advertising activities; approving professional conduct codes for advertising;
b) Drafting and implementing strategies, plans, policies, and outdoor advertising master plans for the development of the advertising industry;
c) Popularizing and educating about laws related to advertising activities;
d) Implementing research and application of science and technology in advertising activities;
đ) Implementing training and capacity building for human resources in advertising activities;
e) Implementing commendation activities in advertising;
g) Implementing international cooperation in the field of advertising;
h) Inspecting, supervising, handling complaints, reports, grievances, and violations in advertising activities.
2. Responsibilities of state management of advertising activities:
a) The Government shall uniformly manage state affairs concerning advertising activities;
b) The Government assigns ministries and ministerial-level agencies to take the lead and coordinate in managing state affairs concerning advertising activities;
c) People's Committees at all levels shall manage state affairs concerning advertising activities within their jurisdiction."
Article 6. Advertising Contracts
Cooperation among subjects in advertising activities must be conducted through advertising contracts in accordance with the provisions of the law."

3. Amend and supplement Article 6 as follows:

4. Amending and supplementing certain clauses of Article 8 as follows:

a) Amending and supplementing Clause 3 as follows:

"3. Advertising contrary to historical traditions, culture, and social morals;"

b) Amending and supplementing Clause 10 as follows:

"10. Comparing one's own products, goods, or services with those of other organizations or individuals without lawful evidence."

5. Amending and supplementing Clause 2 and Clause 3 of Article 9 as follows:

"2. Members of the Product Advertising Review Council include representatives from the Ministry of Culture, Sports and Tourism, relevant agencies and organizations, experts in related fields, and representatives of advertising professional associations.

3. The Minister of Culture, Sports and Tourism shall detail this provision."

Article 11. Handling Violations in Advertising Activities
1. Organizations and individuals who violate the provisions of this Law and other related laws shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if damage is caused, they must compensate according to the law.

6. Amending and supplementing Article 11 as follows:

2. Authorities and individuals with decision-making power shall be responsible for their decisions; if the decision is incorrect and causes damage, compensation must be provided according to the law."
7. Amending and supplementing Point b of Clause 2 of Article 13 as follows:
"b) Checking documents related to the conditions for advertising of organizations and individuals, products, goods, and services requiring advertising and performing related procedures according to the advertising contract;"

8. Amending and supplementing Clause 4 of Article 14 as follows:

"4. Fulfilling signed advertising contracts and being directly responsible for advertising products implemented on advertising carriers within their management responsibility."

9. Supplementing Article 15a after Article 15 as follows:

"Article 15a. Rights and Obligations of Advertising Product Carriers

1. Advertising product carriers have the following rights:

a) To receive truthful, complete, and accurate information from advertisers about organizations and individuals, products, goods, and services advertised and related documents on advertising conditions;
b) Other rights as prescribed by law.
2. Advertising product carriers have the following obligations:
a) Adhering to laws protecting consumer rights and other laws regarding the provision of information related to the features and quality of products, goods, and services when conducting advertising; fulfilling tax obligations arising from advertising service revenue according to tax laws."
2. The advertiser shall have the following obligations:
a) To comply with the provisions of laws on consumer protection rights and other legal provisions regarding the provision of information related to the features, quality of products, goods, and services when conducting advertising; to fulfill tax obligations arising from advertising service revenue in accordance with the provisions of tax laws;
b) Provide materials related to the advertising content when requested by the competent state authority;
c) Be liable under the law in cases where the advertising content does not meet the requirements stipulated in Article 19 of this Law;
d) Fulfill other obligations as prescribed by law;
đ) The carrier of advertising products on the internet shall comply with the provisions of points a, b, c, and d of this clause and relevant provisions in Article 23 of this Law;
3. A person who has influence as provided for in the law on protecting consumer rights when carrying advertising products shall be subject to the obligations set forth in Clause 2 of this Article and the following obligations:
a) Verify the reliability of the advertiser; check materials related to the product, goods, and services being advertised; if they have not been used or are not well understood, they shall not introduce the product, goods, or services;
b) Announce the advertisement immediately before and during the advertising activity.

10. Amend and supplement Clause 7 of Article 17 as follows:

"7. Advertising objects."

11. Add Clause 1a after Clause 1 of Article 18 as follows:

"1a. Vietnamese language terms in advertising products must ensure the purity of the Vietnamese language, clarity, ease of understanding, and accurately convey the intended message."

12. Amend and supplement Article 19 as follows:

"Article 19. Requirements for Advertising Content
1. Advertising content must be truthful, accurate, and clear; it must not cause misunderstanding about the features, quality, functions, and effects of the product, goods, and services.
2. In cases where advertisements require notes, warnings, or alerts, these must be fully and clearly displayed, easily accessible; the text must contrast in color with the background and must not be smaller than the font size in the advertising product; the content of the notes, warnings, or alerts must be read out fully and clearly at a speed and volume equivalent to that of other contents within the same advertising product.
3. Advertising content shall not include:
a) Materials, information, and images describing the product, goods, and services and products provided by organizations and individuals for promotional activities, exhibitions, product introductions, and trade fairs, except for functional foods and special dietary foods regulated by food safety laws;
b) Mandatory content required to be displayed on product labels and packaging according to the law on product labeling, except for functional foods and special dietary foods regulated by food safety laws; content that must be publicly disclosed and provided to customers and consumers; educational and communication content regarding the prevention and control of the harmful effects of products; other information disclosure obligations as prescribed by relevant laws;
4. The Government shall specify the list of special products, goods, and services and the requirements for advertising content for such special products, goods, and services."

13. Amend and supplement some clauses of Article 20 as follows:

a) Amend and supplement Clause 1 as follows:

"1. Advertising about business operations of products, goods, and services must have a business registration certificate as prescribed by law.";

b) Amend and supplement Clause 4 as follows:

"4. When advertising special products, goods, and services, there must be a document or information certifying that the product, good, or service is permitted to circulate or operate in Vietnam according to the law, except for special products, goods, and services that do not fall under the licensing category and meet the following conditions:
a) Advertising drugs must comply with the regulations of the law on pharmaceuticals;
b) Advertising cosmetics must have a cosmetic product notification form as prescribed by law;
c) Advertising insecticides and disinfectants for household and medical use must have a registration certificate for circulation as prescribed by law;
d) Advertising food, food additives, and nutritional products for children up to 36 months old must comply with the conditions of this Law and must register a product notification or self-declare the product according to the regulations of the law on food safety;
đ) Advertising medical examination and treatment services must have a medical practice license or a medical examination and treatment operation permit as prescribed by the law on medical examination and treatment;
e) Advertising medical devices must have a registration number or import permit for imported medical devices as prescribed by law, except for medical devices that do not require a registration number or import permit;
g) Advertising plant protection chemicals must have a registration certificate for plant protection chemicals as prescribed by the law on plant protection and quarantine;
h) Advertising veterinary drugs must have a veterinary drug circulation certificate and a summary of the product characteristics as prescribed by the law on veterinary medicine;
i) Advertising fertilizers must have a decision recognizing fertilizer circulation in Vietnam; advertising crop seeds must have a decision recognizing circulation, a decision recognizing special circulation, a declaration of seed information for self-declared circulation, and an import permit for crop seeds issued by the competent state authority; advertising livestock feed and livestock waste processing products must declare information on livestock feed and livestock waste processing products according to the law on animal husbandry."

14. Amend and supplement Clause 1 of Article 21 as follows:

"1. The area of advertising shall not exceed 30% of the total area of a newspaper issue or 40% of the total area of a magazine issue, except for newspapers and magazines dedicated to advertising and advertising supplements; there must be a distinguishing mark between advertising content and other content."

15. Amend and supplement some clauses of Article 22 as follows:

a) Amend and supplement Clause 1 and Clause 2 as follows:

"1. The duration of advertising on broadcasting channels providing programs through promotion methods shall not exceed 10% of the total broadcast time of the day for such channels, except for channels dedicated to advertising; there must be a distinguishing mark between advertising content and other content."
2. The duration of advertisements on television channels providing programs under a pay-per-view method shall not exceed 5% of the total broadcasting time of such channels in one day, excluding the advertising time on dedicated advertising channels; there must be clear indicators distinguishing advertisement content from other contents.

b) Amend and supplement Clauses 4, 5, 6, and add Clause 5a after Clause 5 as follows:

"4. Entertainment programs and films with a duration of less than five minutes shall not interrupt their content for advertisements. Each entertainment program or film with a duration of at least five minutes but less than fifteen minutes may have their content interrupted once for advertisements, and for those with a duration of at least fifteen minutes, they may have their content interrupted once every additional fifteen minutes, with each advertisement break not exceeding five minutes.
5. When displaying advertisement products along with official information content through scrolling text or a series of moving images, the advertisement area must ensure it does not exceed 10% of the screen area; there must be clear indicators distinguishing advertisement content from other contents and it must not affect the main content of the program. Advertisements displayed in this manner are not counted towards the broadcast advertisement time limit. When displaying advertisement products along with official information content through scrolling text, the advertisement products must be displayed at the bottom edge of the screen. 5a. Broadcasting agencies and service providers of radio and television broadcasts may directly transmit and broadcast international events and foreign sports programs containing certain advertisement information about products, goods, and services as stipulated in Article 7 of this Law if they meet the following conditions:
a) They hold the right to broadcast directly in Vietnam;
b) They do not sign advertising contracts for these products, goods, and services; they do not have direct interests related to the appearance of these advertisement contents;
c) They do not have control over the advertisement content and cannot implement technical measures to blur out inappropriate advertisement content during live broadcasts; they must warn about inappropriate advertisement content in Vietnamese and English and request relevant state authorities and organizations to take measures to prevent Vietnamese internet users from accessing websites providing these products, goods, and services. In cases of re-broadcasting programs, technical measures to blur out inappropriate advertisement content must be implemented; if such technical measures cannot be implemented, warnings about inappropriate advertisement content in Vietnamese and English must be given and relevant state authorities must be requested to take measures to prevent Vietnamese internet users from accessing websites providing these products, goods, and services;
d) The advertisement content is not shown in Vietnamese.
6. Broadcasting agencies that wish to produce dedicated advertising channels must obtain permission from competent state management agencies. The Government shall specify detailed requirements, procedures, and formalities for obtaining permission to produce dedicated advertising channels.

16. Amend and supplement Article 23 as follows:

"Article 23. Advertising on the Internet
1. Internet advertising activities include: Advertising on online newspapers, information websites, social networks, online applications, digital platforms connected to the Internet.
2. Internet advertising activities must comply with the following regulations:
a) There must be clear visual, textual, symbolic, graphic, or audio indicators to distinguish advertising content from non-advertising content;
b) For advertisements that are not fixed in a specific location, there must be easily recognizable features allowing the recipient to turn off the advertisement, report illegal advertisement content to service providers, and refuse to view unsuitable advertisement content;
c) For advertisements containing links to other content, the linked content must comply with legal provisions; advertisers and advertisement publishers must have measures to check and monitor the linked content;
d) Social network service providers must provide users with features to distinguish advertisement content from other content;
đ) Users of social network services when conducting advertisements must have clear indicators distinguishing advertisement or sponsored content from other content provided by themselves.
3. Advertisers, advertising service providers, advertisement publishers, and entities transmitting advertisement products participating in internet advertising activities have rights and obligations as prescribed in Articles 12, 13, 14, and 15a of this Law and must comply with:
a) Legal provisions on advertising, cybersecurity, personal data protection, consumer rights protection, child protection, Internet service provision and use, and information dissemination on the Internet; they must register taxes, declare, and pay taxes on income generated from advertising services according to tax laws;
b) Not placing advertisement products within, beside, immediately after, or before content that violates the law; not advertising on websites, social networks, online applications, digital platforms, and social media accounts, content channels, community pages, and community groups that violate the law;
c) Not cooperating with organizations, individuals, websites, social networks, online applications, digital platforms, and social media accounts, content channels, community pages, and community groups that have been publicly announced by competent state authorities as violating the law;
d) Implementing the removal of illegal information upon request of competent state authorities; providing information about organizations and individuals related to internet advertising activities that show signs of violating the law upon request of competent state authorities;
đ) Complying with administrative penalties and other measures imposed by competent authorities and persons when violating advertising laws.
4. The advertiser, the advertising distributor, and the advertising product carrier when concluding contracts with online advertising service providers shall have the following rights and obligations:
a) Request the online advertising service provider to comply with the provisions set out in point b, Clause 3 of this Article;
b) Require the online advertising service provider to implement technical solutions enabling advertisers and advertising distributors in Vietnam to control and remove advertising products that violate the law from the service provision system.
5. Online advertising service providers shall be responsible for the following:
a) Providing contact information to competent state agencies;
b) Verifying the identity of the advertiser and requesting the advertiser to provide a business registration certificate or other valid legal documents;
c) Storing information and records related to advertising activities and providing such information when requested by competent state agencies;
d) Implementing technical solutions to control and remove advertising products that violate the law from the service provision system;
đ) Storing information about the rules of the distribution methods and algorithms used for advertising distribution on the network;
e) Establishing mechanisms to receive and resolve complaints regarding online advertising service activities;
g) Complying with transparency regulations in online advertising activities when establishing and operating intermediary digital platforms to provide services;
h) Implementing regular annual reporting and ad hoc reports upon request of competent state agencies.
6. Foreign advertisers wishing to advertise their products, goods, services, organizations, or individuals through cross-border advertising in Vietnam shall follow the provisions set out in Article 39 of this Law.
7. Organizations and individuals participating in online advertising activities must take measures to block and remove illegal advertisements within twenty-four hours of receiving a request from a competent state agency. In case of non-compliance, the competent state agency will implement technical measures to prevent violations of advertising laws and take appropriate legal actions. Telecommunications enterprises and Internet service providers shall be responsible for blocking illegal advertisements according to the requests of competent state agencies.
8. The Government shall provide detailed regulations for this Article.

17. Amend and supplement Article 26 as follows:

"Article 26. Advertising in Audio and Video Records, Advertising in Film Content
1. The duration of advertising in audio and video recordings of cultural, artistic, film programs, audio and video recordings containing book substitutes or illustrations for books shall not exceed five percent of the total content duration, except for radio and television advertising.
2. Advertising in film content shall be carried out in accordance with the regulations of the Government."

18. Amend and supplement Article 28 as follows:

"Article 28. Advertising on Dedicated Advertising Screens
1. The placement of dedicated advertising screens must comply with the provisions of this Law, relevant laws, technical standards for outdoor advertising media, and local outdoor advertising planning.
2. When conducting advertising on outdoor dedicated advertising screens, the following requirements must be met:
a) No sound usage;
b) The lighting of dedicated advertising screens must not affect traffic safety.
3. The owner or lawful user of the screen has the responsibility to apply technical measures to prevent and block cyber attacks, ensuring the security and safety of information networks for dedicated advertising screens.
4. The management of advertising activities on dedicated advertising screens connected to the internet shall be carried out in accordance with the regulations of the Government."

19. Amend and supplement Clause 1 of Article 30 as follows:

"1. Organizations and individuals who wish to conduct advertising on billboards or banners shall submit notification files of advertising products to the competent state agency for advertising at the local level before implementation."

20. Supplement Clause 5 after Clause 4 of Article 31 as follows:

"5. Organizations and individuals owning advertising structures shall be responsible for the quality of the structure and the safety and fire prevention of signboards and billboards; repair, replace outdoor signboards and billboards, or dismantle advertising products if they are damaged or the advertising contract has expired; in cases causing damage, compensation and other legal responsibilities shall be borne according to the law."

21. Amend and supplement Clause 2 and add Clause 3 after Clause 2 of Article 33 as follows:

"2. It is prohibited to advertise using loudspeakers attached to transportation vehicles and other mobile devices in urban areas.
3. The Government shall stipulate the regulations for national brand advertising on village radio stations."

22. Amend and supplement point c of Clause 1 of Article 36 as follows:

"c) Organizations and individuals who wish to organize groups for advertising shall submit notification files to the competent state agency for advertising at the local level before implementing the advertisement. The Government shall delegate the authority to specify the file and procedures for reviewing the organization of group advertising."

23. Amend and supplement some points and clauses of Article 37 as follows:

a) Amend and supplement Clause 1 as follows:

"1. Outdoor advertising planning must determine: the style, size, material, quantity, and means of advertising along roadways; in urban areas; allocation and zoning of positions for visual propaganda and outdoor advertising in central urban areas; directions for the development of outdoor advertising activities; and posting advertisements;"

b) Amend and supplement points b, c, d, and đ of Clause 2 as follows:

"b) Not conflicting or in conflict with higher-level planning; ensuring consistency and synchronization between planning and economic and social development strategies and plans; being consistent with urban and rural planning, ensuring traffic order, public safety, and urban aesthetics;
c) Ensuring scientific application, modern technology, connectivity, forecasting, feasibility, cost-effectiveness, environmental protection, and efficient use of national resources; ensuring objectivity, transparency, and fairness;"
d) Ensuring consistency and harmony among localities in border areas;
đ) Inheriting positions currently being used for advertising that comply with current regulations; in cases where planning or planning adjustments cause damage to organizations or individuals, the approving authority shall be responsible for organizing compensation in accordance with the provisions of the law;";

e) Adding Clause 2a following Clause 2 and amending and supplementing Clause 3 as follows:

"2a. The use of land for implementing outdoor advertising works shall be carried out in accordance with the provisions of the Law on Land.
3. The Government shall stipulate the dossier, procedures for construction, approval, implementation, and adjustment of outdoor advertising planning."

24. Amending and supplementing Article 38 as follows:

"Article 38. Responsibilities for building and directing the implementation of outdoor advertising planning
1. Provincial People's Committees shall be responsible for:
a) Establishing, adjusting, and approving outdoor advertising planning in stages suitable for the socio-economic development of the locality;
b) Allocating financial resources to implement the planning;
c) The content of the planning must be publicly announced in forms prescribed by the law on planning;
d) Directing, urging, inspecting, and periodically evaluating the implementation of outdoor advertising planning;
đ) Approving land use plans for multi-purpose use at locations designated for outdoor advertising planning.
2. The Minister of Construction shall be responsible for promulgating technical standards for outdoor advertising facilities.
3. The Ministry of Construction shall coordinate with the Ministry of Culture, Sports and Tourism, and other relevant ministries to guide localities in planning advertising according to technical standards issued by the Minister of Construction."

25. Repealing Clause 2 of Article 2, Article 5, Clause 13 of Article 8, Clause 5 of Article 16, Clauses 7 and 8 of Article 22, Clause 2 of Article 29, Point b of Clause 3 of Article 31, and Point c of Clause 1 of Article 33.

26. Repealing the phrase "contract for renting advertising location between the investor of the advertising construction project and the owner or lawful user of the existing construction project or the notification of tender results for the case where the advertising location in the planning must be tendered;" in Point c of Clause 3 of Article 31.

Article 2. Amending and supplementing some articles of the Trade Law No. 36/2005/QH11 which has been amended and supplemented by Law No. 05/2017/QH14 and Law No. 44/2019/QH14

1. Amending and supplementing Clause 2 of Article 4 of the Trade Law as follows:

"2. Special trade activities regulated by other laws shall apply the provisions of those laws. Trade advertising shall be implemented in accordance with the provisions of the law on advertising."

2. Repealing Section 2 of Chapter IV of the Trade Law.

Article 3. Implementation Provisions

1. This Law takes effect from January 1, 2026, except for the cases provided for in Clause 2 of this Article.

2. In cases where organizations or individuals have already notified the advertisement of products on advertising boards, banners, or notifications of groups performing advertisements but have not yet received opinions from competent state agencies regarding advertising at the time this Law comes into effect, they shall implement in accordance with the provisions of the Advertising Law No. 16/2012/QH13 which has been amended and supplemented by Law No. 35/2018/QH14, Law No. 42/2024/QH15, and Law No. 47/2024/QH15.