AMENDED ADVERTISING LAW 2025: AN OVERVIEW OF KEY CHANGES

The amended Advertising Law 2025 has been passed by the National Assembly and will take effect from January 1, 2026. It focuses on tightening the responsibilities of celebrities and social media influencers when engaging in advertising activities. This is a notable adjustment aligned with the goal of minimizing false advertising, protecting consumer rights, and creating a fair competitive environment for businesses.

Key Changes

1. Expanded scope of the term “advertising disseminators”

This concept retains the regulation of two types of subjects as defined under the 2012 Advertising Law but introduces additional provisions:

• Firstly, individuals who directly advertise, recommend, or endorse products, goods, or services online;

• Secondly, individuals who directly advertise by wearing, hanging, attaching, sticking, drawing, or using items for profit-making purposes or through other forms as prescribed by the Government.

Moreover, advertising disseminators now include “influencers”, such as experts, reputable individuals, or persons who receive public attention in specific sectors or professions, as defined under the laws on consumer protection. This aligns with the regulations on protecting consumer rights.

2. New provisions on the rights and obligations of advertising disseminators

The amended Advertising Law 2025 adds Article 15a, introducing obligations for advertising disseminators after Article 15 of the 2012 Law. Some of the notable obligations include:

• Complying with consumer protection laws and other relevant regulations when providing information related to the features and quality of advertised products, goods, or services; fulfilling tax obligations if advertising services generate income in accordance with tax laws;

• Providing relevant advertising documents upon request by competent state authorities;

• Being legally liable if the advertising content fails to meet the requirements set out in Article 19 of this Law;

• Performing other duties as prescribed by law.

• In particular, for influencers, in addition to the obligations in Clause 2 of this Article, they must also:

• Verify the credibility of the advertiser and review documents related to the advertised product, good, or service; refrain from endorsing products, goods, or services they have not used or do not understand clearly;

• Disclose advertising activities both prior to and during the advertising process.

In today’s market economy, participation in advertising by celebrities and influencers is a commercial activity with positive impacts—it promotes business, economic growth, and innovation. All participants in advertising, including advertising disseminators, are required to provide information upon request from competent authorities. Therefore, the rights and obligations of advertising disseminators are now more strictly regulated.

For example, the obligation to “verify the credibility of the advertiser” is intended to enhance the disseminator’s responsibility to the community and society.

Regarding joint liability for compensation, each participant must fulfill their responsibilities. Depending on the nature and severity of the violation, each subject will face appropriate forms of legal consequences.

3. Amendments and Supplements on Online Advertising

The Advertising Law 2025 amends Article 23 of the 2012 Advertising Law regarding online advertising. Accordingly, online advertising includes: advertising on e-newspapers, websites, social networks, online applications, and digital platforms connected to the Internet.

• Online advertising activities must comply with regulations, including clear identification using numbers, letters, symbols, images, or sounds to distinguish advertisements from non-advertising content.

• For non-fixed position ads, there must be visible and recognizable features or icons that allow users to turn off the ad, report violations to service providers, or refuse to view inappropriate advertising content.

• For ads containing links to other content, the linked content must comply with legal regulations; advertising service providers and publishers must implement solutions to inspect and monitor such content.

4. Cross-Border Advertising Services in Vietnam

The concept of “cross-border advertising service provision in Vietnam” is newly introduced in Clause 14 (added after Clause 13), defined as: “The provision of advertising services by foreign organizations or individuals using service provision systems located outside Vietnam’s territory to deliver advertising services to users in Vietnam via the Internet”. This type of advertising service must be clearly regulated and strictly managed under the Advertising Law. Related entities are required to fulfill tax obligations and comply with Vietnamese law. The law specifies the responsibilities of organizations and individuals involved in online and cross-border advertising, including the obligation to prevent and remove violating ads. If they fail to do so, competent authorities are empowered to implement technical blocking measures and handle violations in accordance with legal regulations.

5. Violations in Advertising Activities May Result in Criminal Liability

In terms of violation handling, regardless of whether the violator is an organization or individual, any violation of this Law or other relevant legal regulations may, depending on its nature and severity, be subject to disciplinary measures, administrative penalties, or criminal prosecution. If the violation causes damage, compensation must be paid according to the law. Authorities and individuals responsible for issuing handling decisions must be accountable; in case of wrongful decisions causing damage, they must provide compensation as prescribed by law.

W&A Recommendations

Understanding and complying with the law is critical to maintaining the credibility of businesses conducting advertising through social media via livestreams, KOLs, KOCs, e-commerce platforms, or affiliate marketing. To promptly adapt to the new provisions under the amended Advertising Law 2025, W&A recommends businesses:

• Timely update legal changes related to advertising;

• Review and ensure legal compliance in business operations to avoid common advertising violations;

• Identify manipulative or deceptive practices targeting consumers in advertising, and pay attention to cross-border commercial activities.

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