Regulations of the Government on handling administrative in advertising in Decree 38/2021/ND-CP shall take effective since June 1st,2021. Accordingly, violations against general rules shall apply corresponding penalties:
Table of Contents/Mục lục
1. Violations on advertising products, goods and services banned from advertising
a. A fine of between VND 50,000,000 and 70,000,000 shall be imposed for one of the following acts:
- Tobacco advertising;
- Advertising alcohol with an alcohol content of 15 degrees or more;
- Advertising breast milk substitutes for children under 24 months old; complementary foods for children under 06 months old; artificial bottles and pacifiers;
- Advertising prescription drugs; over-the-counter drugs but recommended by a competent state agency to restrict use or use under physician’s supervision; the drug is no longer valid for circulation registration;
- Advertising other products, goods and services banned from advertising.
b. A fine of between VND 70,000,000 and 100,000,000 shall be imposed for one of the following acts:
- Advertise goods or services banned from business as regulated;
- Advertisements for all kinds of aphrodisiacal products and goods;
- Advertisements for hunting rifles and shotgun bullets, sports weapons, products, and goods inciting violence.
c. Remedial measures: Forcible disassembly, dismantlement or deletion of advertisements or recall of printed newspapers or magazines with advertisements.
2. Violations of regulations on prohibited acts in advertising
a. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for hanging, placing, pasting, or drawing advertising products on electric poles, traffic signal poles and green trees in public places, except cases specified at Article 12 of Decree No. 100/2019/ND-CP on handling administrative violations in the field road and railway traffic.
b. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:
- Advertisements using the words “best”, “only”, “number one”, “the best” or words with similar meanings without proving legal documents.
- Advertisements that affect urban aesthetics, traffic order and safety, and social safety.
- Advertising that infringes upon freedom of belief, religion, gender prejudice, or disability.
- Forcing agencies, organizations or individuals to advertise or receive advertisements in contravention of intentions.
c. A fine of between VND 20,000,000 and 40,000,000 shall be imposed for one of the following acts:
- Advertising in violation of intellectual property law.
- Advertisements using images, words and words of an individual without the individual’s consent, unless permitted by law.
d. A fine of between VND 40,000,000 and 60,000,000 shall be imposed for one of the following acts:
- Advertising is offensive to the reputation of the organization, the honor and dignity of the individual;
- Advertise by using the method of direct comparison between the price, quality and efficiency in use of their products, goods or services with the price, quality and efficiency in use of the others’ products, goods or services that are the same type of another organization or individual;
- The advertisement contains actions, words, images, sounds, and letters that create children with unethical thoughts, words or actions; adversely affects the health, safety or normal development of children;
- The advertisement is unsightly, contrary to the historical, cultural, ethical, and fine traditions of Vietnam.
e. A fine of between VND 60,000,000 and 80,000,000 for acts of untrue advertising or causing confusion about the ability of organizations or individuals to do business or to provide products, goods of trading products, goods and services organization; about quantity, quality, price, utility, design, packaging, brand, origin, type, service method, warranty period of registered or registered products, goods or services to be announced.
f. A fine of between VND 80,000,000 and 100,000,000 shall be imposed for:
- The advertisement adversely affects the dignity of the National Flag, the National Emblem, the National Anthem, the Party Flag.
- Advertisements that adversely affect the dignity of national heroes, cultural celebrities, leaders, good faiths of the Party and State.
- Advertising is detrimental to national sovereignty.
g. Additional penalties could be imposed with the violations on prohibited acts in advertising:
Deprivation of the right to use product declaration registration receipts for 5 to 7 months; deprivation of the right to use the Certificate of advertisement contents from 22 months to 24 months.
h. Remedial measures: Forcible disassembly, dismantling or deletion of advertisements or recall of advertising printed newspapers and magazines; forcible apology to organizations and individuals; forcible correction of information.
3. Violation of regulations on speech and writing in advertisements
a. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for:
- Advertising products, goods or services without display in Vietnamese, except for cases where trademarks, slogans, trademarks or proper names are in foreign languages; internationalized words cannot be replaced with Vietnamese; books, newspapers, websites and publications permitted to be published in Vietnamese ethnic minority languages and foreign languages; radio and television programs in Vietnamese ethnic minority languages and foreign languages.
- Advertisements for products, goods or services showing a foreign font size exceeding three-fourths of the Vietnamese font size and not placed below Vietnamese words in case the same advertising product uses both Vietnamese and foreign languages.
- Advertising products, goods or services without reading Vietnamese before a foreign language in case the same advertising product using both Vietnamese and foreign languages when broadcast on radio or television or in audio-visual media.
b. Remedial measures: Forcible disassembly, dismantlement, deletion or recall of advertisement printed newspapers or magazines.
4. Violation of regulations on advertising conditions
a. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for following acts:
- There are no documents proving the conformity as prescribed when advertising products, goods and services;
- There is no certificate of ownership or use right as prescribed when advertising the property.
b. Remedial measures: Forcible disassembly, dismantlement, or deletion of advertisements, or recall of advertising printed newspapers or magazines.
5. Violations against regulations on hiring advertising service providers
A fine of between VND 30,000,000 and 50,000,000 shall be imposed for advertising products, goods, services and activities of the organization. and foreign individuals that do not operate in Vietnam without hiring Vietnamese advertising service providers to do the job.
6. Notes on sanctioning of administrative violations
When referring to the regulations on administrative penalties, it should be noted that according to the provisions of the Law on Handling Administrative Violations 2012:
+ An act of administrative violation will be sanctioned only once.
Violations in the field of advertising include violations against general and specific regulations, in case of violation, it is necessary to consider from violations of separate regulations such as: Violation of advertising regulations on electronic newspapers and websites; Violating regulations on advertising on printed newspapers; Violation of regulations on advertising on radio, television, … when the violation does not fall under separate regulations, penalty shall be applied according to violation of general regulations.
+ For each administrative violation, violating individuals or organizations may be subject to one or more additional sanctions. The additional sanction is only applied together with the main form of penalty.
+ For each act of administrative violation, in addition to being applied sanctions, individuals, organizations committing administrative violations may be applied one or more remedial measures. In cases failing to identify the objects of administrative violations or not being administratively sanctioned, remedial measures can be applied independently.
The above is an overview of Law Plus related to the latest regulations on administrative penalties in the advertising field specified in Decree 38/2021 / ND-CP, which will take effect from June 1, 2021. and notes on sanctioning of administrative violations in this field. For detailed advice, please contact hotline +84268277399 or email email@example.com.