Amended Advertising Law and New Expectations

The Law amending and supplementing a number of articles of the Law on Advertising has just been passed by the National Assembly at the 9th Session, 15th tenure. The Law is considered an important step towards creating a synchronous, transparent legal corridor that is consistent with the development practices of the current advertising market.

Director of the Department of Grassroots Culture, Family and Libraries Ninh Thi Thu Huong at a library industry event. (Photo: CTTĐT).

The new law contributes to ensuring consistency with the legal system, while enhancing the responsibility of participating entities, aiming to build a public and healthy advertising environment.

Reporter of Nhan Dan Newspaper had an interview with Director of the Department of Grassroots Culture, Family and Library Ninh Thi Thu Huong, to clarify the new highlights and expectations from the revised Law on Advertising.

Reporter: First of all, could you please tell us what is the main goal when building and passing the Law amending and supplementing a number of articles of the Advertising Law this time?

Director of the Department of Grassroots Culture, Family and Library Ninh Thi Thu Huong: The key objective when building and passing the Law amending and supplementing a number of articles of the Law on Advertising can be summarized in three main points:

Firstly, fully institutionalize the policies of the Party and the State. This law aims to concretize the spirit of Resolution No. 66-NQ/TW dated April 30, 2025 of the Politburo on innovation in law making and enforcement, and at the same time thoroughly implement the major orientations in Resolution No. 57-NQ/TW on science, technology, innovation and digital transformation, as well as Resolution No. 68-NQ/TW on private economic development. The goal is to create an open legal environment, promote the development of advertising businesses, and effectively manage new types of advertising on digital platforms.

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Second, perfecting the legal corridor and removing “bottlenecks”. The law has focused on addressing existing shortcomings in the 2012 Advertising Law, especially related to internet advertising, cross-border advertising and the emergence of influencers (KOLs/KOCs). The addition and completion of regulations aims to create a clear and consistent legal corridor, helping management agencies have more effective tools to regulate and handle violations, ensuring that the advertising market operates transparently, healthily and fairly.

Third, improve the effectiveness and efficiency of State management associated with decentralization and delegation of power. The new law emphasizes administrative procedure reform, strengthening decentralization and delegation of power to local authorities, in line with the spirit of the Law on Organization of Local Government (amended in 2025). This will enhance the role and responsibility of advertising management agencies from central to local levels, creating proactiveness and flexibility in management, while increasing the effectiveness of inspection, examination and handling of violations in practice.

Reporter: The new law has added many regulations on advertising on social networks and cross-border platforms. How does the Director evaluate these advances in managing advertising in the digital environment?

Director of the Department of Grassroots Culture, Family and Library Ninh Thi Thu Huong: It can be affirmed that the new regulations on advertising in the digital environment and cross-border platforms are one of the most progressive and breakthrough points of this Law. This is an inevitable step to overcome practical shortcomings, while creating a stronger legal tool to effectively manage cyberspace.

Firstly, the 2012 Advertising Law previously did not have specific regulations governing advertising activities on cross-border platforms such as Facebook, Youtube, and Tiktok. This created a legal gap, making it difficult for management agencies to handle violations. The new law has added regulations on online advertising, creating a legal basis for forcing these platforms to comply with Vietnamese law. This is a modern management mechanism, consistent with international practices.

Second, improve the responsibility of the subjects. For the first time, the law clearly stipulates the obligations of those who deliver advertising products, including influencers (KOLs/KOCs). They must verify information and documents related to products and services before advertising; they are not allowed to introduce products that they have never used or do not fully understand. This helps prevent false advertising, while improving the professionalism and social responsibility of KOLs/KOCs.

Director Ninh Thi Thu Huong at the launching ceremony of the Vietnam Creative Advertising Awards 2025 (Photo: Nam Nguyen-BLĐ).

Third, better protection of consumer rights. When advertising information is transparent, honest and has a clear mechanism for handling violations, consumers will be protected more effectively. Management agencies also have the basis to strictly handle acts of taking advantage of cyberspace to circumvent the law and spread false advertising.

It can be said that this amendment has caught up with the pace of technological development and social needs, while creating a solid legal corridor to manage advertising activities in the digital age, ensuring a more transparent, fair and healthy market.

Reporter: The revised Advertising Law has many new points related to advertising in newspapers, television and outdoors, especially in terms of rates, duration, and administrative procedures. Can the Director share what difficulties these changes will remove for management agencies and businesses?

Director of the Department of Grassroots Culture, Family and Library Ninh Thi Thu Huong: The revised Law on Advertising this time brings many important changes, removing difficulties in management and creating favorable conditions for businesses, especially in traditional advertising forms such as newspapers, television and outdoor advertising.

First of all, administrative procedures have been reduced. Many procedures and documents that are no longer appropriate have been reviewed and abolished. The procedure for notifying advertising products has also been simplified, shifting from a pre-inspection mechanism to a post-inspection mechanism. This not only reduces time and costs for businesses, but also helps management agencies focus resources on inspection and examination.

Next is the adjustment of advertising rates and duration. The law has created more flexibility for advertising rates on television, helping stations proactively balance between exploiting revenue sources and program quality. Regulations on advertising in films are also specified, with clear limits to ensure balance, without interrupting the audience experience.

In short, these amendments both remove "bottlenecks" for businesses and improve the effectiveness of state management, creating a more open, transparent and professional advertising environment.

Reporter: What does the Director expect about the practical impact of the revised Law on Advertising on protecting consumer rights, as well as creating a transparent and healthy advertising environment for businesses and society?

Director of the Department of Grassroots Culture, Family and Library Ninh Thi Thu Huong: We expect that the Law amending and supplementing a number of articles of the Law on Advertising will bring about positive and far-reaching practical impacts in all three aspects:

Regarding the protection of consumer rights. The law has set specific legal requirements for “advertising product carriers” - including influential individuals (KOLs/KOCs) - forcing them to verify information and documents related to products and services before introducing them. This helps limit false advertising and exaggerated effects, while directly protecting the legitimate rights and interests of consumers, avoiding risks and financial and health damages.

Regarding creating a transparent and healthy business environment. The new law opens up a fair playing field for businesses. Genuine businesses that comply with the law will be protected, while acts of deceptive advertising and unfair competition will be strictly handled. Reforming administrative procedures, abolishing inappropriate regulations and switching from pre-inspection to post-inspection will also help businesses save time and costs, focusing on production and business, in line with the spirit of Resolution No. 68-NQ/TW of the Politburo on private economic development.

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Regarding improving the effectiveness of state management. The Law has added legal tools to manage advertising in the digital age, especially on social networks and cross-border platforms, keeping up with the pace of technological development and global trends. At the same time, clearer assignment and decentralization to local authorities will help manage closer to reality, improve the effectiveness of inspection, examination and handling of violations.

These new points will contribute to building a transparent, professional, civilized advertising environment, protecting the legitimate rights of consumers, while promoting the sustainable development of the advertising industry in particular and Vietnam's cultural industries in general.

Reporter: Thank you very much, comrade!

HOAI THU

Source: https://nhandan.vn/luat-quang-cao-sua-doi-va-ky-vong-moi-post907568.html