Decree 70/2021/ND-CP amends Decree 181/2013/ND-CP guiding the Law on Advertising.

DECREE

AMENDING AND SUPPLEMENTING SOME ARTICLES OF DECREE NO. 181/2013/ND-CP DATED NOVEMBER 14, 2013 OF THE GOVERNMENT DETAILING THE IMPLEMENTATION OF SOME ARTICLES OF THE LAW ON ADVERTISING

Based on the Law on Organization of the Government dated June 19, 2015; and the Law amending and supplementing a number of articles of the Law on Organization of the Government and the Law on Organization of Local Government dated November 22, 2019;

Based on the Advertising Law dated June 21, 2012;

Based on the Law on Cybersecurity dated June 12, 2018;

As requested by the Minister of Information and Communications;

The Government has issued a Decree amending and supplementing a number of articles of Decree No. 181/2013/ND-CP dated November 14, 2013 of the Government detailing the implementation of a number of articles of the Law on Advertising.

Article 1. Amending and supplementing a number of articles of Decree No. 181/2013/ND-CP dated November 14, 2013 of the Government detailing the implementation of a number of articles of the Law on Advertising.

1. Article 13 is amended and supplemented as follows:

Article 13. Cross-border advertising service provision activities in Vietnam

1. Cross-border advertising services in Vietnam refer to the activities of foreign organizations and individuals using websites to conduct advertising business from service delivery equipment located outside the territory of Vietnam, for users in Vietnam, generating revenue in Vietnam.

2. The term "website for cross-border advertising services" in this Decree refers to an information system that uses one or more web pages in the form of symbols, numbers, letters, images, sounds, and other forms of information to provide network users with services for storing, providing, using, searching, exchanging information, sharing sounds and images, creating forums, and online chat to provide advertising services.

3. Businesses providing advertising services, advertisers, and domestic and foreign advertisers participating in cross-border advertising services in Vietnam must comply with Vietnamese laws on advertising, cybersecurity, and regulations on the management, provision, and use of Internet services and online information; and must pay taxes in accordance with tax laws.

4. Foreign organizations and individuals conducting cross-border advertising services in Vietnam must comply with the rights and obligations stipulated in Article 13 of the Advertising Law and the following regulations:

a) Please provide the following contact information to the Ministry of Information and Communications:

Name of the organization, trade name, registered head office address for providing advertising services; location of the main server system providing the service and server systems located in Vietnam (if any);

Contact information: name of the organization or individual representing the organization in Vietnam (if any), email address, and phone number.

Notification format and time: 15 days before commencing cross-border advertising services in Vietnam, foreign organizations and individuals must send a notification directly, by post, or electronically to the Ministry of Information and Communications (Department of Broadcasting, Television and Electronic Information).

Upon receiving the notification, the receiving agency is responsible for sending a confirmation in writing or electronically to the organization or enterprise within 07 working days from the date of receiving the notification;

b) Do not place advertisements within content that violates the law as stipulated in Clause 1, Article 8 of the Law on Cybersecurity and Article 28 of the Law on Intellectual Property;

c) To prevent and remove information that violates the law as requested by the Ministry of Information and Communications and other competent authorities as stipulated in Article 14 of this Decree; to provide information on organizations and individuals involved in cross-border advertising activities that show signs of violating the law to competent authorities upon request.

5. When entering into contracts with advertising service providers (including domestic and foreign organizations and individuals providing cross-border advertising services), advertisers and advertisers have the following rights and obligations:

a) Require advertising service providers not to place advertisements within content that violates the law as stipulated in Clause 1, Article 8 of the Law on Cybersecurity and Article 28 of the Law on Intellectual Property;

b) Require advertising service providers to have technical solutions that enable advertisers and advertisers in Vietnam to control and remove advertising products that violate Vietnamese law from the service delivery system.

6. Businesses providing advertising services, advertisers, and advertisers who fail to cooperate in publishing advertising products with websites that have been publicly notified of legal violations by competent authorities on the Ministry of Information and Communications' electronic portal.”

2. Article 14 is amended and supplemented as follows:

Article 14. Management responsibilities for cross-border advertising service provision activities

1. Ministries, sectors, and localities are responsible for detecting and identifying cross-border advertisements that violate the law, within their assigned authority as stipulated in legal regulations on the management and handling of administrative violations in the field of advertising.

The Ministry of Information and Communications is the agency responsible for receiving notifications of illegal cross-border advertising from ministries, sectors, and localities, and serves as the point of contact for sending requests to foreign organizations and individuals engaged in cross-border advertising services to handle illegal advertising.

2. After receiving evidence of illegal cross-border advertising, within 05 days, the Ministry of Information and Communications is responsible for reviewing and checking the content of the violation and sending a written or electronic request for handling to the foreign organization or individual conducting cross-border advertising services. Information about the violating advertisements that have been sent to the foreign organization or individual conducting cross-border advertising services for handling will be publicly announced on the Ministry of Information and Communications' electronic portal.

Upon receiving a request from the Ministry of Information and Communications, foreign organizations and individuals engaged in cross-border advertising services must, within 24 hours, handle the infringing advertisements as requested.

After the aforementioned deadline, if foreign organizations or individuals fail to address the infringing advertisements as requested without a valid reason, the Ministry of Information and Communications will implement measures to prevent the illegal advertising.

In the event that cross-border advertising is detected that violates the law and affects Vietnam's national security, the competent authorities of Vietnam shall immediately take measures to prevent the illegal advertising.

The blocking measures will only be lifted after the infringing advertisements have been dealt with by the foreign organization or individual at the request of the Ministry of Information and Communications.

3. Article 15 is amended and supplemented as follows:

Article 15. Periodic Reports

1. Domestic advertising service providers that cooperate with foreign organizations or individuals to conduct cross-border advertising services in Vietnam shall submit annual periodic reports (before December 31st) or ad hoc reports when requested regarding their cross-border advertising service activities in Vietnam to the Ministry of Information and Communications (Department of Broadcasting, Television and Electronic Information) using Form No. 01 issued with this Decree.

Reports can be submitted in one of the following ways: in person, by mail, or electronically.

2. The Departments of Information and Communications shall submit periodic annual reports (before December 31st) or ad hoc reports when requested, in accordance with their assigned functions and duties, to the Ministry of Information and Communications (Department of Broadcasting, Television and Electronic Information) regarding the management of cross-border advertising services in Vietnam.

Article 2. Terms enforcement

1. This Decree shall take effect from July 1, 2021.

2. Ministers, heads of ministerial-level agencies, heads of government agencies, chairpersons of People's Committees at all levels, and relevant organizations and individuals are responsible for implementing this Decree.

APPENDIX

(Attached to Decree No. 70/2021/ND-CP dated June 20, 2021 of the Government)

Sample number 01

REPORT ON BUSINESS COOPERATION ACTIVITIES IN CROSS-BORDER ADVERTISING SERVICES IN VIETNAM

To: ……………………..

Business information

1. Name of organization/business:

2. Business registration number:

3. Head office address, telephone number, email address:

4. List of foreign organizations and individuals that cooperate in cross-border advertising in Vietnam:

5. Revenue from cross-border advertising partnerships in Vietnam (from January 1st to the reporting date):

6. Problems or issues that arise (if any):

7. Recommendations and suggestions (if any):