Commercial Advertising Under the Commercial Law of Vietnam

Short answer: Commercial advertising is a trade promotion activity by which a trader introduces goods or services to stimulate sales. The Commercial Law 2005 (Articles 101–109) governs traders’ advertising rights, permitted advertising media and the list of prohibited advertising content; advertising activities are also governed by the Law on Advertising.

Legal basis

• Articles 101–109 of the Commercial Law 2005 — commercial advertising;
• The Law on Advertising 2012 (as amended and supplemented).

Traders’ advertising rights

• Traders may advertise their goods or services using advertising media in compliance with the law;
• They may hire advertising service traders to carry out advertising;
• They are responsible for the content of advertising for their goods or services.

Advertising media

• Press, online news portals, social networks;
• Signboards, banners, screens, vehicles;
• Leaflets, catalogues, product samples;
• Other media as prescribed by law.

Prohibited advertising content

• Advertising goods or services banned from business;
• Dishonest advertising causing misunderstanding about features, quality, prices or origin;
• Directly comparing one’s own goods or services with those of another trader;
• Advertising that infringes the reputation or rights of other traders, organisations or individuals;
• Using an individual’s image or words without consent (except as provided by law);
• Other prohibited content under the Law on Advertising.

Responsibilities of the parties

• The advertiser: responsible for advertising content; may only advertise with documents proving authenticity;
• The advertising service provider: checks relevant documents and refuses to carry out unlawful advertising;
• The advertising publisher: checks content before publication;
• Violations may result in administrative penalties, compulsory correction and removal of the advertising.

If you need to determine the appropriate approach for your specific situation, you should discuss it with a lawyer beforehand to have your file reviewed and a suitable solution advised.

For quick advice, you may contact a lawyer via 0966.475.966.

Related articles

• Sales promotion under the Commercial Law
• Display and introduction of goods and services
• Administrative penalties in commercial activities