Changes in Vietnam's Advertising Law: Obligations and Adaptation Strategies for Businesses

I. Introduction

Vietnam's legal framework governing advertising is undergoing a profound transformation, driven by the rapid expansion of the digital economy and a governmental commitment to enhance consumer protection and combat deceptive practices. This article reports a comprehensive analysis of the key legislative instruments shaping this new landscape: Law No. 75/2025/QH15 amending the 2012 Advertising Law (“Amending Law”). The new regulations, effective from January 01, 2026, introduce stricter obligations for businesses operating in Vietnam, which requires stronger compliance and clear strategy.

II. Key Amendments to the Advertising Law (Law No. 75/2025/QH15)

A. Expanded Scope of Online Advertising

The definition of "online advertising" has been significantly broadened to encompass not only electronic newspapers and electronic information pages, as provided under the 2012 law, but now explicitly includes social networks, online applications, and internet-connected digital platforms. This expansion brings a vast array of digital advertising activities under formal regulation, reflecting the contemporary landscape of online commercial promotion.

New requirements for online advertising content and platforms are also introduced:

• Identification Signs: Advertisements must feature clear identifiable signs, such as numbers, letters, symbols, images, or sounds, to distinguish them unambiguously from non-advertising content. This aims to prevent deceptive practices where promotional material might be disguised as editorial content.

• Control Features: For advertisements not displayed in fixed areas (e.g., pop-ups, interstitial ads), there must be easily recognizable features and icons that enable recipients to turn off the advertisement, notify the service provider of violating content, and refuse to view inappropriate content. This empowers users with greater control over their online experience and enhances transparency.

• Linked Content Compliance: Content embedded in links within advertisements must comply with Vietnamese law. Furthermore, advertising service providers and publishers are explicitly mandated to implement measures to check and monitor this linked content. This provision addresses the potential for non-compliant content to be accessed through external links, holding platforms and providers accountable for the entire user journey.

• Social Media Specifics: Organizations and enterprises providing social media services must offer users features to distinguish advertising content from other content. Additionally, users of social media services who engage in advertising must use clear signs to differentiate advertising or sponsored content from their other posts. This formalizes the distinction between organic and paid content on social platforms, a critical step for consumer clarity.

• Rapid Takedown Obligation: A significant new obligation is imposed on individuals and organizations engaged in online advertising: they must prevent and remove or block violating advertisements within 24 hours upon receiving requests from a competent state authority. This stringent timeline underscores the government's determination to swiftly address non-compliant content and places a considerable operational burden on advertisers and platforms.

B. Enhanced Responsibilities for Advertising Conveyors (Influencers/KOLs/KOCs)

The Amending Law formally defines "advertising conveyors" as individuals who, for profit-making purposes, directly promote, recommend, or endorse products, goods, and services, whether online or in person. This formalization brings influencers, Key Opinion Leaders (KOLs), and Key Opinion Consumers (KOCs) squarely within the regulatory scope, acknowledging their growing impact on consumer behavior.

Key obligations for advertising conveyors include:

• General Compliance: Adherence to consumer protection laws, fulfillment of tax duties on advertising income, and provision of advertising-related documentation upon request by authorities.¹

• Stricter Obligations for Influencers (KOLs/KOCs):

  • Credibility and Accuracy Verification: Influencers bear the explicit responsibility to verify the credibility of advertisers and the accuracy of product information prior to promotion. This is a crucial step towards preventing the spread of false or exaggerated claims often seen in influencer marketing.

  • Personal Use/Understanding: They must refrain from promoting products or services they have not personally used or clearly understood. This aims to ensure authenticity and prevent endorsements based solely on financial incentives without genuine experience.

  • Transparent Disclosure: Influencers must transparently disclose their advertising activities both before and during the promotion. This ensures consumers are aware when content is sponsored, fostering trust and preventing misleading endorsements.

  • Legal Liability: Advertising conveyors are explicitly stated to take legal liability if their advertisements do not meet the required legal standards.

  • Specific Food Advertising Rules: Proposed regulations prohibit the use of "patient testimonials" and strictly forbid any food advertising that misleads or exaggerates product benefits to imply medical treatment capabilities. Content must align with the product's registered declaration, and the use of images or names of medical institutions or personnel is prohibited. Influencers promoting functional foods, special dietary products, or children's nutritional products must clearly disclose sponsorship relationships.

  • Joint Liability and Penalties: Influencers are now held jointly liable for false advertising and may face criminal liability and professional bans for promoting counterfeit goods.

The explicit definition of "advertising conveyors" and the imposition of stringent, specific obligations on influencers demonstrate the Vietnamese government's clear intent to formalize and regulate the burgeoning influencer marketing industry. This is a direct response to the "surge in misleading and unlawful advertising, particularly across digital platforms and influencer channels" and instances of "exaggerating the benefits" of products. By treating influencers as formal advertising agents, the law aims to bring accountability to a previously unregulated or under-regulated space. This will fundamentally alter how brands engage with influencers, necessitating more rigorous contractual agreements, comprehensive due diligence on influencer content, and shared responsibility for compliance. Influencers themselves must now operate with a heightened sense of legal accountability, moving beyond informal endorsements to professional advertising roles.

C. Introduction of Criminal Liability for Organizations

This marks a significant legal shift in Vietnam's advertising enforcement landscape. From January 1, 2026, organizations found guilty of advertising violations could face criminal prosecution, in addition to administrative fines and compensation obligations.

Previously, under Vietnamese laws such as Article 76 of the Criminal Code 2015 and Article 11 of the Advertising Law 2012, criminal liability for offenses like false advertising or customer deception primarily applied to individuals, with organizations typically facing only administrative sanctions. This change aims to strengthen enforcement and significantly enhance corporate accountability in advertising practices.

The introduction of criminal liability for organizations, coupled with the explicit joint liability for influencers in cases of false advertising and potential criminal liability for counterfeit sales, signifies a strategic distribution of legal risk across the entire advertising value chain. No longer is liability solely concentrated on the primary advertiser; instead, platforms, agencies, and individual conveyors all share a degree of responsibility. This aims to ensure that all parties have a vested interest in compliance and truthful advertising. Consequently, businesses must now conduct enhanced due diligence not only on their own advertising content but also on every partner involved in its dissemination, including advertising agencies, digital platforms, and individual influencers. Contracts should be meticulously drafted to include robust indemnification clauses and clear compliance obligations for all parties. The overall risk profile for participating in advertising activities in Vietnam has significantly increased.

D. Obligations for Offshore Advertisers

The Amending Law explicitly provides that offshore advertisers seeking to promote their goods or services to users in Vietnam through cross-border advertising must engage a Vietnamese advertising service provider. They must also adhere to Vietnamese advertising law.

It is important to note that, generally, foreign advertising companies wishing to operate in Vietnam must establish a joint venture with a Vietnamese partner; 100% foreign-owned subsidiaries are not permitted in the advertising sector. This reinforces the existing preference for local engagement in the advertising industry.

E. Clarification on Non-Advertising Content

For the first time, the amended law provides examples of content that will not be considered "advertising content," offering clearer distinctions for businesses. This generally includes:

• Documents, information, and images describing products, goods, and services provided by manufacturers and traders for promotional activities, display, introduction, and participation in trade fairs and exhibitions. An exception applies to functional foods and foods for special dietary use, which must comply with specific regulations.

• Content required to be displayed on product labels and packaging in accordance with the law on goods labeling, again excluding functional foods and foods for special dietary use.

• Content that must be publicly disclosed and provided to customers and consumers.

• Content related to information, education, and communication for preventing and controlling harmful effects of goods.

• Other content where the provision of information is a legal obligation or responsibility under relevant laws.

The new law's explicit provision of examples of content not considered "advertising content" is a deliberate attempt to provide clarity and delineate the boundaries of regulated advertising. This distinction helps businesses understand which communications fall under the strict advertising regulations and which are considered general informational or legally mandated disclosures, thereby potentially creating "safe harbors" for certain types of business communications. Businesses can leverage this clarity to differentiate between marketing campaigns that require full advertising compliance and essential informational content (e.g., product manuals, legal disclosures, trade show materials) that may not. This allows for more efficient resource allocation and risk management, provided that such content strictly adheres to the defined exclusions and does not implicitly serve an advertising purpose beyond its stated informational intent.

Table 1: Key Changes in Vietnam's Advertising Law (Law No. 75/2025/QH15)

Key Area of Change	Previous Regulation (2012 Law/Practice)	New Regulation (Law No. 75/2025/QH15, Effective Jan 1, 2026)	Implications for Businesses
Online Advertising Scope	Primarily electronic newspapers/information pages; limited social media regulation.	Expanded to explicitly include social networks, online applications, and digital platforms.	Requires compliance across all digital channels; broadens regulatory reach.
Online Ad Content/Features	General content rules; less emphasis on user control.	Mandates clear identification signs, user-friendly control features (opt-out/report), and compliance of linked content.	Redesign ad formats for clarity and user control; implement continuous monitoring for linked content.
Rapid Takedown	Less stringent or undefined timelines for removal.	Obligation to prevent/remove violating ads within 24 hours upon authority request.	Develop rapid response protocols and dedicated teams for content moderation.
Advertising Conveyors (Influencers)	Not formally defined; limited specific obligations.	Formally defined; influencers (KOLs/KOCs) have stricter obligations: verify advertiser credibility/product accuracy, personal use/understanding, transparent disclosure.	Implement rigorous vetting processes for influencers; revise contracts to mandate compliance and disclosure.
Criminal Liability for Organizations	Primarily administrative sanctions for organizations; criminal liability for individuals.	Organizations can now face criminal prosecution for advertising violations, in addition to fines/compensation.	Significantly higher stakes for non-compliance; necessitates robust internal compliance culture and due diligence.
Offshore Advertisers	Less explicit regulation for cross-border activities.	Must engage a Vietnamese advertising service provider and adhere to Vietnamese advertising law for cross-border promotion.	Requires local partnerships and adherence to Vietnamese legal standards for international campaigns targeting Vietnam.
Non-Advertising Content	Less clear distinction.	Provides examples of content not considered advertising (e.g., product labels, trade fair materials, legal disclosures).	Offers clarity for differentiating marketing from informational content, potentially creating "safe harbors."
Influencer Joint Liability	Less explicit joint liability.	Influencers held jointly liable for false advertising; potential criminal liability for promoting counterfeit goods.	Brands must ensure influencers understand their legal obligations and conduct thorough content reviews.

III. Conclusions and Recommendations

Vietnam's recent legislative reforms in advertising represent a decisive move towards a more regulated and accountable digital economy. For businesses operating in or targeting Vietnam, these changes are not merely incremental adjustments but a fundamental shift in the compliance paradigm. 

The increased scope of online advertising, the formalization and heightened responsibilities of advertising conveyors (influencers), and the introduction of criminal liability for organizations signal a significantly higher risk environment for non-compliance. 

Recommendations for Businesses:

1. Conduct a Holistic Compliance Audit: Immediately initiate a comprehensive legal audit across all advertising, marketing, and data processing activities. This audit should identify specific areas requiring adjustment under the new laws, including content review, platform engagement, and data handling.

2. Revise Internal Policies and Contracts: Update internal guidelines, codes of conduct, and compliance manuals to reflect the new definitions, obligations, and prohibitions. Critically, review and revise all contracts with advertising agencies, digital platforms, and influencers to clearly delineate responsibilities, mandate compliance, and include robust indemnification clauses.

3. Strengthen Due Diligence on Partners: Implement rigorous vetting processes for all third-party partners involved in advertising, especially influencers. Ensure they understand and commit to their heightened responsibilities, including content verification, transparent disclosure, and adherence to specific product advertising rules.

4. Develop Rapid Response Capabilities: Establish dedicated internal teams and protocols for swift content moderation and removal, capable of responding to official takedown requests within the mandated 24-hour timeframe.

5. Foster a Culture of Compliance: Implement regular and comprehensive training programs for all relevant personnel, from marketing to legal and IT. Cultivate an organization-wide culture that prioritizes legal compliance and ethical advertising practices.

6. Maintain Continuous Regulatory Intelligence: The Vietnamese legal landscape is dynamic, with many specifics delegated to future decrees and circulars. Businesses must establish a system for continuous monitoring of these updates and maintain ongoing engagement with expert legal counsel specializing in Vietnamese law to ensure timely adaptation.

7. Prepare for Enhanced Enforcement: Understand the implications of increased administrative fines and criminal liability. Develop robust incident response plans for potential violations, including clear communication strategies with authorities.

By proactively adopting these strategies, businesses can not only mitigate the substantial legal and financial risks associated with non-compliance but also build greater trust with consumers and authorities, positioning themselves for sustainable growth in Vietnam's evolving digital market.