On 16 March 2022, the Vietnam Ministry of Information and Communications (“MIC”) held a workshop regarding the implementation of Decree 70 on Cross-border Advertising Service in Vietnam

In the workshop, the MIC has helped to clarify many crucial issues under Decree 70, such as subjects involved in cross-border advertising activities, obligations of foreign cross-border advertising service providers and other stakeholders, violation handing process, and administrative sanctions.

This is the snippet of key issues presented and discussed at the workshop:

  • Foreign cross-border advertising service providers that Decree 70 and the MIC aim to manage are social network providers.
  • As of today, only some specific foreign cross-border advertising service providers notified the MIC of their contact information in accordance with Decree 70. The MIC praised a number of social network providers who have duly and timely informed their contact information.
  • The MIC requested foreign cross-border advertising service providers not to place advertisements on illegal content. The MIC also requested advertising service providers (both onshore and offshore) not to advertise products and services that had yet to be legally recognized/regulated under Vietnamese law such as crypto currency.
  • Administrative sanctions for violations are specified under Decree No. 129/2021/ND-CP as follows:
    • Foreign cross-border advertising service providers that do not notify or notify incorrect contact information to the MIC will be subject to a pecuniary fine of VND 5 million – 10 million (approximately US$217 to US$434).
    • Foreign cross-border advertising service providers that attach advertisements on illegal content will be subject to a pecuniary fine of VND 15 million – 20 million (approximately US$650 to US$870).

Foreign cross-border advertising service providers that Decree 70 and the MIC aim to manage are social network providers. The MIC also requested advertising service providers (both onshore and offshore) not to advertise products and services that had yet to be legally recognized under Vietnamese law such as crypto currency.

Author

Manh-Hung Tran is the practice group leader of the Intellectual Property (IP) and Technology Practice Groups of Vietnam offices. For years, he has been constantly ranked as a leading IP lawyer by numerous researchers such as Chambers Global and Chambers Asia. He regularly writes articles concerning pressing legal issues in both English and Vietnamese, and his works have been published regularly in various reputable publications. He has assisted the government in reviewing and revising the IP Law, the IP provisions under the country’s criminal code, the draft e-Transaction Law, and the first draft Personal Data Protection Decree, etc. While Hung's practices run the full gamut of IP work, he also specializes in the Telecommunications, Media, and Technology (TMT) practice, advising multinational corporations on data privacy, monetization, product reviews, AdTech, regulatory and user rights, cybersecurity, e-commerce, offshore social media, digital services, data breach and incidents, and other emerging technologies. He has been assisting international film studios and streaming clients with various film and TV series productions in Vietnam.