On the morning of June 16, continuing the program of the 9th session of the 15th National Assembly , the National Assembly voted to pass the Law amending and supplementing a number of articles of the Law on Advertising.
As a result, with 453/461 National Assembly deputies participating in the vote in favor (accounting for 94.77% of the total number of National Assembly deputies), the National Assembly passed the Law amending and supplementing a number of articles of the Law on Advertising.
With 453/461 National Assembly deputies participating in the vote in favor (accounting for 94.77% of the total number of National Assembly deputies), the National Assembly passed the Law amending and supplementing a number of articles of the Law on Advertising.
Previously, reporting on the reception, explanation and revision of the draft Law amending and supplementing a number of articles of the Law on Advertising, Chairman of the National Assembly's Committee on Culture and Society Nguyen Dac Vinh said that immediately after the Discussion Session, the National Assembly Standing Committee directed the Verification Agency to preside over and coordinate with the Ministry of Culture, Sports and Tourism, the Standing Committee of the Law and Justice Committee, and relevant agencies to study, receive and fully explain the opinions of the National Assembly deputies. On June 10, 2025, the Government issued Document No. 502/CP-KGVX agreeing with the draft Law that had been received and revised.
The Draft Law amending and supplementing a number of articles of the Law on Advertising, after being reviewed, absorbed, revised and perfected, has ensured the correct objectives of amending the Law, closely followed the policy of innovative thinking in legislative work and met all the conditions to be submitted to the National Assembly for consideration and approval at this Session.
Chairman of the National Assembly's Committee on Culture and Society Nguyen Dac Vinh presented a report on receiving, explaining and revising the draft Law.
Regarding some specific contents, Chairman of the National Assembly's Committee on Culture and Society Nguyen Dac Vinh said that regarding the explanation of terms (Clause 1, Article 1 of the draft Law amending and supplementing a number of clauses of Article 2), there are opinions suggesting to revise and clarify the terms "advertising" and "advertising product conveyer".
In response to delegates' opinions, the National Assembly Standing Committee directed the revision of the term "advertising", adding the subject of advertising reception and using the term "advertising recipient" to more accurately reflect the fact that advertising often aims to reach a group of people interested in products, goods and services; transferring the provision explaining the term "the person transmitting the advertising product is an influential person" to Clause 3, Article 15a as in the draft Law.
Regarding the rights and obligations of the person transmitting advertising products (Clause 9, Article 1 of the draft Law supplementing Article 15a), there are opinions suggesting considering the regulation on the obligation to "Provide documents related to advertising content when requested by competent state agencies" (Point b, Clause 2, Article 15a). There are opinions suggesting adding the obligation of the person transmitting advertising products to be jointly responsible for compensation for acts of false advertising.
The Standing Committee of the National Assembly believes that all entities participating in advertising activities must be responsible for providing information when requested by competent state agencies, including those who deliver advertising products. Regarding joint liability for compensation, to advertise a product, many entities participate; each entity is responsible for fully performing its obligations. When there is a violation, depending on the nature and extent of the violation, it will be subject to the corresponding form of handling. Therefore, the Standing Committee of the National Assembly maintains the provisions as in the draft Law.
National Assembly delegates vote.
Regarding the proposal to tighten regulations on advertising product carriers who are influencers in the direction that only those with expertise related to the product can transport advertising products, according to Mr. Nguyen Dac Vinh, currently, in the market mechanism, the participation of celebrities and influencers in advertising activities is a commercial activity with positive meaning, contributing to promoting production, business, economic development, and encouraging innovation. The draft Law has provided additional obligations that advertising product carriers must perform for tighter management. Therefore, the National Assembly Standing Committee maintains the regulation of not restricting advertising for celebrities and influencers.
The National Assembly Standing Committee gives opinions on receiving, explaining and revising the draft Law amending and supplementing a number of articles of the Law on Advertising.
Regarding the proposal to clarify the feasibility of the regulation requiring influencers to verify the credibility of the advertiser when transmitting advertising products (Point a, Clause 3, Article 15a), the Standing Committee of the National Assembly believes that it is necessary to add specific and clear regulations on the rights and obligations of those transmitting advertising products, in order to overcome the situation where some celebrities and influencers advertise falsely, advertise counterfeit and fake goods. In particular, the obligation to "verify the credibility of the advertiser" aims to increase the responsibility of those transmitting advertising products to the community and society. Therefore, the Standing Committee of the National Assembly maintains the regulations as in the draft Law.
Regarding the proposal to add regulations on the time and form of notification when influencers transmit advertising products, the National Assembly Standing Committee has accepted and revised it as in the draft Law.
Regarding online advertising (Clause 16, Article 1 of the draft Law amending and supplementing Article 23), there are opinions suggesting reviewing and assessing the feasibility of the regulation "not advertising on electronic information pages, social networks, online applications, digital platforms that violate the law". The Standing Committee of the National Assembly believes that current laws have stipulated this content and are being implemented quite effectively to overcome the situation of brand insecurity when Vietnamese brands are associated with inappropriate content, fake news aimed at opposing the Party and the State.
Therefore, in order to increase the responsibility of entities participating in online advertising activities, aiming at the goal of sustainable development of the advertising and digital content creation industry, the National Assembly Standing Committee maintains the provisions as in the draft Law.
Scene of the morning meeting on June 16.
Regarding the proposal to add a provision requiring cross-border platforms to have a legal representative in Vietnam, the National Assembly Standing Committee believes that Clause 5, Article 23 of the draft Law stipulates the responsibilities of online advertising service providers (including individuals and legal entities with Vietnamese nationality and foreign individuals and legal entities). Requiring foreign individuals and legal entities to have a legal representative in Vietnam to conduct advertising services in Vietnam is not consistent with Vietnam's commitments when joining the WTO. Therefore, the National Assembly Standing Committee maintains the provisions as in the draft Law.
Regarding the proposal to amend Clause 6, Article 23 in the direction: "Foreign organizations and individuals providing cross-border advertising services in Vietnam must be responsible for registering their activities with competent state management agencies, storing data related to advertising activities arising in Vietnam, implementing a periodic reporting regime and being subject to the regulations of Vietnamese law", there are opinions that the provisions in the draft Law are too strict, only needing to register information and comply with legal regulations, the National Assembly Standing Committee believes that Clause 6, Article 23 applies to foreign "advertisers".
Accordingly, organizations and individuals who need to advertise products, goods, services or advertise organizations and individuals to users in Vietnam must comply with the provisions of Clause 2, Article 39 of the Law on Advertising, which requires hiring Vietnamese advertising service providers to do so. This provision does not apply to "advertising service providers" and is compatible with Article 102 of the current Law on Commerce. Therefore, the National Assembly Standing Committee maintains the provisions as in the draft Law./.
Source: https://bvhttdl.gov.vn/quoc-hoi-thong-qua-luat-sua-doi-bo-sung-mot-so-dieu-cua-luat-quang-cao-20250616092033777.htm
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