Vietnam: Adopted Decree No. 129/2021/ND-CP amending administrative penalties for online advertising providers

On 30 December 2021, the Vietnamese Government adopted Decree No. 129/2021/ND-CP, amending Decree No. 38/2021/ND-CP. The decree introduced specific statutes of limitations for administrative penalties in the fields of culture and advertising, affecting online advertising providers. The amendments define a one-year statute of limitations for administrative violations, with the starting point varying based on whether the violation is ongoing or completed. In the case of ongoing violations, the limitation period commences upon detection by a competent authority. In contrast, for completed violations, the limitation period commences from the end of the violation. In addition, Article 38 of Decree No. 38/2021/ND-CP has been amended to include a fine ranging from VND 5'000'000 to VND 10'000'000 for failing to accurately report information related to cross-border advertising services to the Ministry of Information and Communications (MIC). Furthermore, a fine from VND 15'000'000 to VND 20'000'000 has been introduced for the embedding of advertising within content that contravenes the provisions of the Cybersecurity Law and the Intellectual Property Law.