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| Advertisement contents must be truthful, accurate and clear, without causing misunderstandings about the utility, quality, usage and effects of the advertised products__Photo: thegioididong.com |
Product endorsers, especially those who are influencers using social media platforms to convey information on products, goods and services to the public, would be held responsible for the contents of such information.
This is highlighted in a draft law amending the 2012 Law on Advertising prepared by the Ministry of Culture, Sports and Tourism.
The regulation is introduced amid the blooming of endorsement marketing in both traditional media like newspapers and television programs and new platforms such as social media whereas the current law mentions nothing about it.
Under the draft law, product endorsers who possess accounts with 500,000 or more subscribers on cross-border social media platforms must comply with the law on advertising and other relevant laws and sign advertising service contracts with advertisers and obtain the latter’s approval and confirmation of advertisement contents. Particularly, when making a public declaration of their feelings about products, goods and services, they must show evidence to prove that they personally use such products, goods and services.
Product endorsers would be entitled to check documents relating to advertisers and their goods and services and when requested, have to provide such documents to the public or competent state agencies. Especially, they would be held personally responsible for the advertisement contents concerning the utility, quality, usage and effects of products, goods and services.
In order to strictly control the provision of cross-border advertising services in Vietnam, the draft requires advertising service providers, advertisement publishers and domestic and foreign advertisers engaged in these activities to adhere to Vietnam’s laws on advertising, cybersecurity, management, provision and use of Internet services and cyber information. Especially, they must fulfill their tax payment obligation in accordance with tax laws.
The draft emphasizes that advertisement contents must be truthful, accurate and clear, without causing misunderstandings about the utility, quality, usage and effects of the advertised products, goods and services.
When making advertisement for special products, goods and services such as drugs, cosmetics, food, chemicals, medical equipment, milk and nutritional products for children, among others, advertisers must produce valid documents and certificates to demonstrate the legal marketing status of such products, goods and services in Vietnam.- (VLLF)
