Vietnam: Adopted Decree No. 38/2021/ND-CP regulating online advertising providers

On 22 April 2021, the Vietnamese government adopted Decree No. 38/2021/ND-CP, establishing sanctions for administrative violations in the fields of culture and advertising, with a focus on online advertising providers. This decree, effective from 1 June 2021, delineates the penalties and remedies for a range of infringements by Vietnamese and foreign organisations and individuals involved in online advertising within and outside Vietnam. The decree specifies fines for a number of acts, including failure to notify or report advertising services, advertising without legal registration in Vietnam, and violations related to the design and timing of online advertisements. In particular, the decree imposes fines ranging from VND 5'000'000 to VND 10'000'000 for violations such as failing to notify Vietnamese advertising service providers or advertising on electronic information pages without proper registration. Additionally, fines of VND 10'000'000 to VND 15'000'000 are stipulated for offences such as inadequate advertisement design and placement. Furthermore, Decree No. 38 delineates penalties for violations in advertising content, with fines ranging from VND 10'000'000 to VND 15'000'000 for advertising in newspapers or pictorials without distinguishing ad content. In the event of more serious violations, such as advertising exceeding 10% of the daily broadcast duration, the fines are increased to between VND 50,000,000 and VND 100,000,000. Furthermore, additional penalties are imposed for unauthorised channel-to-channel advertising. Finally, the decree grants the MIC the authority to impose sanctions for administrative violations.