Advertising is the use of means to introduce to the public products, goods and services for profit-making purposes; products and services without profit making purposes; organizations and individuals trading in products, goods and services introduced, except for current events; social policies; personal information. When conducting advertising activities, enterprises should note the following:
Products, goods and services banned from advertising
- -Goods and services banned from trade as prescribed by law.
- -Wine that contains 150 alcohol or above.
- -Dairy being breast milk substitute for children under 24 months old, dietary supplements for children under 06 months old; artificial feeding bottles and pacifiers
- -Prescription drugs, non-prescription drugs recommended by competent State agencies to use restrictively or under the doctor’s supervision.
- -Pornographic products.
- -Shotguns and cartridges, sporting weapons and products that might incite violence.
- -Other products, goods and services banned from advertising specified by the Government depending on the actual requirements.
Prohibited acts in advertising
- -Advertising the products, goods and services specified in Article 7 of this Law.
- -Using advertisements that reveal the State secrets, harm the independence and National sovereignty, National defense and security.
- -Using advertisement inartistically, contrary to the Vietnam’s history, culture, ethics and traditional customs
- -Using advertisements that affect the urban scenery, the traffic safety and the social order.
- -Using advertisements that degrade the respectability of the National flag, the National emblem, the National anthem, the Party’s flag, national heroes, cultural celebrities, the leaders of the State and the Party.
- -Using advertisements that express racial discrimination, sexual discrimination, prejudice against disabled people, or violate the freedom of belief and religion.
- -Using advertisements that offend the prestige, honor and dignity of other organizations and individuals.
- -Using advertisements that contain other people’s pictures, words or text without obtaining their consent, unless otherwise permitted by law.
- -Advertising incorrectly or causing confusion about the business competence, the ability to provide products, goods and services of organizations and individuals trading and providing such products, goods and services; about the quantity, quality, prices, features, designs, package, brand name, kinds, method of service, warranty duration of the registered or announced products, goods and services.
- -Advertising using direct comparison of the prices, quality and efficiency of their products, goods and services to that of the other’s products, goods and services of the same kind.
- -Advertising using the words “best”, “the best”, “only”, “number one” or words with similar meaning without legitimate documents proving so as prescribed by the Ministry of Culture, Sports and Tourism.
- -Advertising using unhealthy competition contents as prescribed by law provisions on competition.
- -Using advertisements that violate law provisions on intellectual property.
- -Using advertisements that make children think, speak and act against the traditional customs and ethics, negatively affect the children’s health, safety or natural development.
- -Forcing other agencies, organizations and individuals to make advertisements or receive advertisements involuntarily.
- -Hanging, placing, painting advertisements on electric poles, traffic lights and public trees.
Penalties for violations in advertising activities
- If advertising products, goods or services banned from advertising, enterprises may be subject to administrative fine of up to VND 200,000,000.
- Imposing financial fine of up to VND 40,000,000 if the advertisement uses the words “best”, “unique”, “best”, “number one” or words of similar meaning without legal documents. prove as prescribed.
- If the advertisement contains a direct comparison of price, quality and efficiency of using its products, goods and services with price, quality and effectiveness of using products, goods and services cases of the same kind of organizations and individuals shall be fined up to VND 80,000,000.
- Advertising untrue, inappropriate specifications, quality, uses, brands, designs, types, packaging, origin, geographical indications, service methods, expiry dates, deadlines Preservation and warranty of goods and services will be fined up to VND 140,000,000.
- Violating the regulations on advertising conditions such as: There are no documents proving the standard conformity as prescribed when advertising products, goods or services or without certificates. Property rights or rights to use as prescribed when advertising the property, will be fined up to VND 30,000,000.