On July 21, 2021, the Draft Decree modifying and supplementing several provisions of Decree No. 181/2013 / ND-CP dated April 14, 2013, regarding the cross-border supply of online advertising services in Vietnam was approved by the Government of Vietnam. This Decree 70 will go into force on September 15.
After a series of days when people were bothered by the ads “My family treats kidney stones for three generations?, Who is having problems with bones and joints?”, finally the Government of Vietnam has taken action.
Soon, the activities of providing cross-border advertising services of units such as Youtube, Google, and Facebook in Vietnam will be tightened according to Decree 70, which the Government has just issued.
Decree 70/2021/ND-CP amending and supplementing a number of articles of Decree 181/2013/NDCP dated April 14, 2013, detailing the implementation of some articles of the Law on Advertising, specifically, amending Decree No. amending and supplementing Article 13 on the provision of cross-border advertising services in Vietnam.
In this new Decree, the use of electronic information sites by foreign organizations and people to offer advertising services from systems situated outside Vietnam for users in Vietnam, with income earned in Vietnam, is referred to as cross-border advertising operations in Vietnam.
This Decree defines a cross-border advertising service business website as an information system that uses one or more websites in the form of symbols, numbers, letters, images, sounds, and other forms of information to provide network users with services such as storing, providing, using, searching, exchanging information, sharing sounds and images, creating forums, and chatting online to provide advertising to network users.
Principles and obligations specified in Article 13 of Decree 70
The Government specifically requires foreign organisations and individuals trading in cross-border advertising services in Vietnam to comply with Vietnamese advertising law, network security regulations, and regulations on management, provision, and use of Internet services and information on the network, as well as pay taxes in accordance with tax laws.
According to Article 13 of Decree 70, foreign organisations and individuals trading in cross-border advertising services in Vietnam must notify the Ministry of Information and Communications of their contact information, including the organization’s name, transaction name, head office address where advertising service provision activities are registered, and the location of the main server system (if any).
Simultaneously, they must prohibit and delete material that breaches the law when the Ministry of Information and Communications and competent authorities require it. Furthermore, information regarding companies and people engaged in cross-border advertising activities that show symptoms of breaking the law must be sent to the authorities.
According to Clause 1, Article 8 of the Law on Security, marketers and advertisers have the right to request that advertising goods not be put in illegal material when entering into a contract with a cross-border advertising service provider. Law of the Internet and Intellectual Property. Simultaneously, do not collaborate in the publication of advertising goods with websites that have been accused of breaking the law.
Units must be addressed after being recognised by the Ministry of Information and Communications as carrying infringing advertising. The Department will take steps to prohibit these advertising unless there is a valid cause.
If cross-border advertising that threatens Vietnam’s national security is discovered, relevant Vietnamese authorities will take prompt action to prevent it.
Foreign companies and individuals that provide cross-border advertising services must additionally inform the Department of Radio, Television, and Electronic Information (Ministry of Information and Communications) 15 days before starting their operation. The request includes details on the location of the primary server system that provides the service, as well as any server systems located in Vietnam (if any), and contact information.
The responsibility falls to the Ministry of Information and Communications
The Decree also amends and supplements Article 14, which specifies management responsibilities for the provision of cross-border advertising services, stating that ministries, branches, and localities are responsible for detecting and identifying cross-border advertisements that violate the law in accordance with their assigned competence in the legal regulations on management and sanctioning of administrative violations.
The Ministry of Information and Communications receives notifications of illegal cross-border advertising from ministries, branches, and localities, and serves as a point of contact for foreign organisations and individuals providing cross-border advertising services, sending requests to handle illegal advertising.
Previously, responsibility for managing cross-border advertising was overlapped with the Ministry of Culture, Sports, and Tourism. But with Decree 70, responsibility will be concentrated on the Ministry of Information and Communications.
Speaking about this revised Decree, Mr. Le Quang Tu Do, Deputy Director of the Department of Broadcasting and Electronic Information, said that tightening advertising on cross-border platforms such as Youtube and Facebook will bring new advantages for the media.