Advertisement is one of the trade promotion activities according to the 2005 Commercial Law. Accordingly, this activity aims to introduce to customers the business activities of goods and services of traders. So, what products are commercial advertisements for? In what form is it performed? Are there any types of commercial advertising that are prohibited? The article shares in detail the legal regulations surrounding the topic of advertising according to current law.

CSPL: 102, 103, 105, 106, 109  Commercial Law 2005

1. Commercial advertising

– Commercial advertising is a commercial promotion activity of a trader to introduce to customers their goods and services.

– Commercial advertising service business is a commercial activity of a trader to carry out commercial advertising for other traders.

2. Right to commercial advertising

– Vietnamese traders, branches of Vietnamese traders, branches of foreign traders permitted to operate commercially in Vietnam have the right to advertise their goods and services or hire traders providing advertising services to perform commercial advertising for them.

– Representative offices of traders are not allowed to directly carry out commercial advertising activities. In case it is authorized by the trader, the Representative Office has the right to sign a contract with the trader providing commercial advertising services to carry out advertising for the trader it represents.

– Foreign traders who want to commercially advertise their goods and service business activities in Vietnam must hire a Vietnamese trader providing commercial advertising services to do so.

3. Commercial advertising products and commercial advertising media

– Commercial advertising products include information in images, actions, sounds, voices, writing, symbols, colors, and lights containing commercial advertising content.

– Commercial advertising media: is a tool used to introduce commercial advertising products.

– Commercial advertising media includes:

+ Mass media;

+ Broadcast media news;

+ Types of publications;

+ Types of boards, signs, tapes, panels, posters, fixed objects, means of transport or other movable objects;

+ Other means of commercial advertising.

4. Use of commercial advertising media

– The use of commercial advertising media must comply with the regulations of competent state management agencies.

– The use of commercial advertising media must ensure the following requirements:

+ Comply with the provisions of law on press, publishing, information, and cultural activity programs culture, sports, fairs, exhibitions;

+ Comply with regulations on advertising locations, do not adversely affect the landscape, environment, traffic order and safety, and social safety;

+ Correct level, duration, and time prescribed for each type of mass media.

5. Prohibited commercial advertisements

– Advertisements that reveal state secrets, harm independence, sovereignty, national security and social order and safety.

– Advertisements that use advertising products and advertising means contrary to historical traditions, culture, ethics, fine customs and traditions of Vietnam and contrary to the provisions of law law.

– Advertising goods and services that the State prohibits business, restricts business or prohibits advertising.

– Advertising cigarettes, alcohol with an alcohol content of 30 degrees or more and products and goods that have not been allowed to be circulated or services that have not been allowed to be provided on the Vietnamese market at the time of advertising.

– Benefits Using commercial advertising causes damage to the interests of the State, organizations, and individuals.

– Advertising by using the method of directly comparing the production and trading activities of one’s own goods and services with the production and trading activities of the same type of goods and services of other traders.

– False advertising regarding one of the following contents: quantity, quality, price, utility, design, origin of goods, type, packaging, service method, warranty period of goods or services.

– Advertising for your business activities by using advertising products that violate intellectual property rights; Using images of other organizations or individuals for advertising without the consent of that organization or individual.

– Advertising for unfair competition according to the provisions of law.