On the morning of June 16, with 453/461 delegates present in favor, the National Assembly voted to pass the Law amending and supplementing a number of articles of the Law on Advertising.
The Law amending and supplementing a number of articles of the Law on Advertising consists of 3 articles, stipulating that the Government unifies state management of advertising activities; the Government assigns ministries and ministerial-level agencies to preside over and coordinate the implementation of state management responsibilities for advertising activities. People's Committees at all levels shall perform state management of advertising activities within their localities according to their authority.
The Law adds Article 15a after Article 15 on the rights and obligations of the person transmitting advertising products. Accordingly, the person transmitting advertising products has the obligations to comply with the provisions of the law on consumer rights protection and other relevant provisions of law on providing information related to the features and quality of products, goods and services when advertising; performing tax obligations when generating revenue from advertising services according to the provisions of the law on tax. Providing documents related to advertising content when requested by competent state agencies. Being responsible before the law in case the advertising content does not guarantee...
Notably, influencers under the provisions of the law on consumer rights protection when conveying advertising products are obliged to verify the credibility of the advertiser; check documents related to the advertised products, goods and services; in case they have not used or do not fully understand the products, goods and services, they are not allowed to introduce the products, goods and services. In addition, it is necessary to notify about the advertising immediately before and during the advertising activity.
Regarding this regulation before the National Assembly voted to approve it, Chairman of the Committee on Culture and Society Nguyen Dac Vinh said that National Assembly delegates suggested tightening regulations on people who transmit advertising products as influencers in the direction that only people with expertise related to the product can transmit advertising products.
The Standing Committee of the National Assembly believes that, currently, in the market mechanism, the participation of celebrities and influencers in advertising activities is a commercial activity with positive significance, contributing to promoting production, business, economic development, and encouraging innovation. The draft Law has provided additional regulations on the obligations that advertising product carriers must perform for tighter management. Therefore, the Standing Committee of the National Assembly proposes to maintain the regulation of not restricting advertising for celebrities and influencers.
The Draft Law also amends and supplements Article 19 on requirements for advertising content. Advertising content must be truthful, accurate, and clear; not misleading about the features, quality, uses, and effects of products, goods, and services. In cases where advertising requires notes, recommendations, or warnings, they must be clearly, completely, and easily accessible; the text must be in a color that contrasts with the background color and must not be smaller than the font size in the advertising product; the content of notes, recommendations, and warnings must be read fully and clearly at a speed and volume equivalent to the speed and volume of other content in the same advertising product.
Advertising content does not include: Documents, information, images describing products, goods, services and products, goods provided by organizations, individuals producing and trading to carry out promotional activities, display, introduce goods, services and fairs, trade exhibitions, except for functional foods, foods for special diets which comply with the provisions of the law on food safety.
Mandatory contents that must be displayed on product labels and packaging according to the provisions of law on labeling of goods, except for functional foods and foods for special diets; contents that must be publicly announced and provided to customers and consumers; contents of information, education and communication on prevention and control of harmful effects of goods; contents subject to the responsibility and obligation to provide other information according to the provisions of relevant laws.
(According to VTV)
Source: https://baoyenbai.com.vn/12/351793/Nguoi-co-anh-huong-khong-duoc-quang-cao-neu-chua-dung-hieu-san-pham.aspx
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