Vietnam: Implemented Advertising Law (No. 16/2012/QH13 )

On 1 January 2023, the Advertising Law (No. 16/2012/QH13) entered into force. This law encompasses a comprehensive framework for advertising activities, outlining the rights and obligations of organisations and individuals engaged in advertising, and establishing state management of these activities. The legislation includes a list of prohibited acts in advertising, such as the promotion of banned products, and the use of ads that harm national values, contain discriminatory content, or undermine public order and safety. Additionally, it prohibits false advertising, unauthorized use of images or content, direct comparisons without basis, and coercive advertising practices. Article 23 stipulates that advertisements on electronic newspapers and websites must adhere to specific placement and activation guidelines. This ensures that they do not intermingle with news content and allows viewers to control their visibility. Furthermore, it is stipulated that advertisements on state agency websites and those from foreign entities targeting Vietnamese audiences must comply with these stipulations and relevant local laws. Article 24 stipulates that advertisements on electronic and telecommunications devices, including text messages and emails, must only be sent with prior recipient consent, include opt-out options at no cost, and adhere to specific time and frequency limits.