On June 16, 2025, the National Assembly of Vietnam adopted Law No. 75/2025/QH15 amending and supplementing a number of articles of the 2012 Advertising Law, with an effective date of January 1, 2026. The amended Advertising Law was enacted to further refine the legal framework for advertising activities in the modern era.
Online Advertising
Under the amended Advertising Law, “online advertising” is defined to encompass not only advertising on electronic newspapers and electronic information pages (as provided under the 2012 Advertising Law) but also advertising on other electronic venues, including social media, online applications, and digital platforms with internet connection.
The amended Advertising Law also imposes new requirements for online advertising, including:
- Identification signs: Advertisements must have clear identifiable signs in numbers, letters, symbols, images, or sounds to distinguish them from non-advertising content.
- Control features: For advertisements not in fixed areas, there must be easily recognizable features and icons that allow recipients to turn off the advertisement, notify the service provider of violating advertising content, and refuse to view inappropriate advertising content.
- Linked content: Content in the links embedded in advertisements must comply with the law. Advertising service providers and publishers must have measures to check and monitor the linked content.
- Advertising on social media: Organizations and enterprises providing social media services must offer users features to distinguish advertising content from other content.
- Signage for sponsored content: When advertising, users of social media services must use signs to differentiate advertising or sponsored content from other content they provide.
In response to the above requirements for online advertising, the amended Advertising Law sets out obligations of advertisers, advertising service providers, advertising publishers, and advertising conveyors in relation to online advertising. Among these, it is notably the responsibility of individuals and organizations engaging in online advertising to prevent and remove violating advertisements within 24 hours upon receiving requests from authorities.
Responsibilities of Advertising Conveyors
The amended Advertising Law introduces the legal framework for management of advertising activities by advertising conveyors—generally defined as persons who, for profit-making purposes, directly advertise, recommend, or endorse products, goods, or services, either online or in person—by specifying their rights and obligations.
In terms of rights, advertising conveyors are entitled to receive truthful, complete, and accurate information about the organizations, individuals, and products being advertised, as well as any relevant documentation related to advertising conditions. In terms of obligations, advertising conveyors must comply with certain obligations, critically including taking legal liability if the advertisements do not meet the required legal standards.
Notably, advertising conveyors who are influencers (such as key opinion leaders (KOLs) or key opinion consumers (KOCs)) are subject to stricter obligations, such as verifying advertisers’ credibility, refraining from promoting products or services they have not personally used or clearly understood, and expressly disclosing advertisements before and during promotional activities.
Advertising Content
The amended Advertising Law introduces for the first time examples of content that will not be considered “advertising content,” which generally includes:
- Documents, information, and images describing products, goods, and services as well as products and goods provided by manufacturers and traders for the purpose of conducting promotional activities, displaying and introducing goods and services, and participating in trade fairs and exhibitions.
- Content that is required to be displayed on product labels and packaging in accordance with the law on goods labeling, excluding functional foods and foods for special dietary use.
- Content that must be publicly disclosed and provided to customers and consumers.
- Content that relates to information, education, and communication regarding prevention and control of goods’ harmful effects.
- Other content for which the provision of information is a legal obligation or responsibility under relevant laws.
Criminal Liability of Advertising Violations
The crime of untruthful advertising was introduced in the 2015 Penal Code (as amended in 2017). The highlighting of criminal liability in the amended Advertising Law will help to amplify the serious consequences of violation of the advertising laws. Accordingly, it is expected that the authorities will pursue more serious enforcement actions against violators in the future.
Other Changes
In addition to the above key amendments, the amended Advertising Law also amends and supplements provisions in relation to, among others, advertising of regulated or special products, goods, and services; advertising on print and broadcast media; and outdoor and out-of-home advertising.
