You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

July 9, 2025

Vietnam Amends Key Aspects of Advertising Law

Subscribe to Updates

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.

Related Professionals

Industries

Consumer Products

Technology

Practices

Corporate/M&A

Regulatory Affairs

Location

RELATED INSIGHTS​ 

May 25, 2026
Thailand published new rules on May 1, 2026, establishing clear procedures for how the Anti-Money Laundering Office (AMLO) handles digital assets seized during criminal and money laundering investigations. Taking effect the following day, the Regulation of the Anti-Money Laundering Board on the Custody and Management of Seized or Frozen Assets (No. 3) B.E. 2569 applies to digital asset businesses, cryptocurrency holders, and anyone subject to asset seizure under Thailand’s anti-money laundering laws. For the first time, authorities now have a detailed roadmap for transferring seized digital property from private or foreign control into secure state custody. Digital asset businesses holding customer assets under investigation must be prepared to comply with these rules compelling repatriation of such assets in enforcement actions. Expanded Definition of Digital Assets The regulation defines digital assets to include not only those covered by Thailand’s existing digital asset business law but also any other property that can be stored using the same methods as digital assets. This broad formulation means the custody rules will apply to emerging blockchain-based assets and tokenized property that may not yet fall within the statutory definition of a digital asset business, giving authorities flexibility as the technology evolves. Mandatory Transfer to Domestic Custody When digital assets are held with service providers outside Thailand, AMLO will first attempt to transfer them to an account the office maintains with a licensed domestic digital asset business operator. If the domestic operator does not support that particular asset, the office will instead move the assets to its own cold wallet (offline, internet-isolated storage system). If neither option is feasible, the seizing official will report the situation to the Anti-Money Laundering Committee for alternative instructions. A similar hierarchy governs assets held in an accused party’s private wallet or by any third party that is not a
Read More
May 22, 2026
On May 8, 2026, the Thai government held a press conference to announce a coordinated, multiagency initiative to strengthen oversight and enforcement over products sold on online platforms. The initiative involves the Office of the Consumer Protection Board, the Thai Industrial Standards Institute, the Electronic Transactions Development Agency, the Thailand Consumers Council, the Consumer Protection Police Division, and major online platform operators. With this appointment, the government has signaled a deliberate shift from a predominantly reactive enforcement framework toward a more proactive regulatory and monitoring approach for online commerce and digital platform services. Legal and Regulatory Reform The government is accelerating a proposed Product Liability Law that would introduce new statutory frameworks for defective or substandard products, along with amendments to food safety and consumer protection legislation. The draft law has already been approved by the cabinet; the Council of State and relevant authorities will further draft the law and subsequently issue it for public hearings prior to enactment. Authorities also plan to expand enforcement measures against noncompliant businesses and distributors. In particular: The implementation of stricter “know your merchant” (KYM) identity verification requirements for online sellers. Expanded mandatory standards and regulatory oversight for high-risk products, such as power banks, electrical appliances, food products, and household goods. Increased monitoring of online product listings, and coordination with platform operators to remove unsafe, counterfeit, misleading, or otherwise noncompliant products. Additional monitoring and enforcement measures targeting online scams and illegal goods distributed through digital platforms, including e-cigarettes, which authorities identified as a growing concern due to increasing online distribution channels and potential health impact on young consumers. Strengthening Consumer Complaint Mechanisms The government announced increased cooperation with the Thailand Consumers Council and other agencies to facilitate complaint handling, market monitoring, and policy recommendations. Enhanced interagency coordination will aim to ensure that consumer
Read More
May 19, 2026
Thailand’s telecommunications regulator has introduced a range of new compliance obligations for telecom licensees aimed at preventing and suppressing technology crime. On May 15, 2026, the National Broadcasting and Telecommunications Commission (NBTC) published in the Government Gazette Notification on Measures for Prevention and Suppression of Technology Crime No. 2, which amends the original NBTC notification dated August 24, 2025. The amendment derives its authority from the Emergency Decree on Measures for Prevention and Suppression of Technology Crime B.E. 2566 (2023), as amended in 2025, and took effect on May 16, 2026. SIM Card Registration Cap for Non-Thai Nationals Persons without Thai nationality are now limited to a maximum of three SIM cards per person per service provider. Identity verification must be done primarily via passport. For those without a passport, acceptable alternatives include travel documents or certificates of identity issued by foreign governments, accompanied by additional Thai government-issued documents, as well as pink ID cards (for persons without Thai nationality) and white ID cards (for persons without registration status). Registration must be done in person at a branch or authorized dealer. Service providers must develop their identity verification systems and obtain NBTC approval before deployment. SIM Activation Deadline and SIM Box Prohibition Both Thai and non-Thai service users must activate their registered SIM within 60 days of registration. If they fail to do so, they must re-verify their identity in person before activation, confirming they are the same person who originally registered. Service providers must prohibit SIM box and gateway devices capable of supporting four or more SIMs from connecting to their mobile networks unless the device has received a license under the Radio Communications Act. Blacklist Enforcement Service providers must refuse registration of additional mobile numbers for persons listed on a technology crime-related database maintained by the Royal
Read More
May 11, 2026
Thailand’s rise as a regional hub for luxury retail has influenced how market entry is structured and assessed across Southeast Asia. As brands consider establishing a presence in the market, regulatory and operational considerations form a key part of the overall entry assessment. Foreign Ownership Restrictions for Retailers Foreign investment in retail activities is subject to a relatively extensive regulatory framework, particularly in relation to foreign ownership and the approvals required under the Foreign Business Act B.E. 2542 (1999) (FBA). Under the FBA, a company is generally regarded as foreign if 50% or more of its shares are held by non-Thai nationals, in which case the business is required to obtain a foreign business license (FBL) issued by the director-general of the Department of Business Development, with the approval of the Foreign Business Committee. The committee will not grant an FBL unless it is convinced the proposed business demonstrates unique characteristics such as a distinctive business model, innovative processes, specialized services or products, or a clear competitive differentiation that will benefit Thailand; constitutes a highly specialized business or requires specialized technology or expertise; and will not compete with Thai business operators who engage in the same business. The committee makes its decisions on a case-by-case basis depending on the circumstances, which can make the licensing process less predictable in practice. However, there are also alternative pathways for consideration, including exemptions in specific circumstances. For example, foreign-owned businesses in Thailand with at least THB 100 million in registered capital are allowed to open five retail stores in the country. Some businesses may also be able to access preferential treatment under international agreements and treaties between Thailand and certain foreign states, subject to eligibility requirements. Structural and Business Model Challenges The determination of what constitutes a “retail store” may itself present
Read More