On 16 June 2025, the National Assembly passed the Law amending Advertising Law 2012 (“Amending Law”) effective from 1 January 2026, introducing stricter and clearer regulations on advertising practices, aiming to curb deceptive practices and better protect consumers.

Recently, Vietnam is witnessing a surge in misleading and unlawful advertising, particularly across digital platforms and influencer channels. As a result, authorities and consumers have expressed increasing concern over the widespread promotion of counterfeit goods. These developments have highlighted several shortcomings in Advertising Law 2012. For instance, advertisements nowadays are conveyed through various online platforms such as social media (e.g., Facebook, Instagram, TikTok), video-sharing sites like YouTube, e-commerce platforms and influencer marketing channels. The Advertising Law 2012 does not cover these advertising platforms, as it primarily regulates advertisements on electronic information pages, online newspapers and email.[1] Furthermore, the Advertising Law 2012 also does not define the rights and responsibilities of advertising conveyors, especially influencers, while celebrities’ influence may create trust and significantly shape consumer behavior.

In addition, the Advertising Law 2012 lacks sufficient deterrent effect, particularly in regulating the advertising practices of organizations. In some cases, organizations have continued violating advertising regulations even after receiving administrative sanctions from authorities. These examples suggest the Advertising Law 2012 has not kept pace with the fast-changing landscape of advertising practices, highlighting the need to address emerging challenges in the sector. In response, the Amending Law has introduced several key improvements to tackle these shortcomings, including:

(i) Influencer accountability:

The Amending Law revises Article 2.8 of the Advertising Law 2012 by formally defining “advertising conveyors” as individuals who directly promote, endorse, or verify products, goods, and services online. It also outlines the key obligations of advertising conveyors to include compliance with consumer protection laws, fulfillment of tax duties on advertising income and provision of advertising-related documentation upon request by authorities. Notably, influencers, who fall under this category are subject to additional responsibilities, as they have the responsibility to verify the credibility of advertisers and the accuracy of product information prior to promotion and transparently disclose their advertising activities both before and during the promotional process. This revision is expected to enhance transparency, credibility and consumer protection, as well as prevent the spread of false or exaggerated claims and hold conveyors accountable for the advertising contents.

(ii) Online advertising regulation:

The Amending Law amended Article 23 of the Advertising Law 2012 to address the rapid growth of digital advertising activities by expanding the scope of online advertising regulation to include social networks, online applications, and internet-connected digital platforms. It mandates clear identification of advertising content, user-friendly tools to disable or report inappropriate contents, and legal compliance for linked materials. Organizations and individuals engaged in online advertising must remove or block violating advertisements within 24 hours upon request from a competent state authority. These provisions aim to enhance transparency and better protect users from misleading or intrusive advertising practices.

The Amending Law also 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 and adhere to Vietnamese advertising law. This approach aligns with the Commercial Law 2005 and strengthen Vietnamese regulatory oversight of offshore advertising practices.

(iii) Criminal liability of organizations:

Under current Vietnamese laws, organizations cannot be held criminally liable for advertising violations.[2] However, the Amending Law supplements Article 11 of the Advertising Law 2012 and provides that organizations can now be subject to criminal liability for advertising violations, depending on the nature and severity of the offense. Thus, from 1 January 2026, organizations found guilty of advertising violations could face criminal prosecution, in addition to administrative fines and compensation obligations. This marks a significant legal shift from purely administrative sanctions to criminal accountability, aiming to strengthen enforcement and enhance corporate accountabilities in advertising practices.

The Amending Law reflects Vietnam’s efforts to modernize its legal framework to align with the rapid growth and complexity of advertising activities, especially in the digital space. As the Amending Law will come into force on 1 January 2026, businesses should closely monitor further regulatory updates and guidance to ensure their compliance, particularly in light of the evolving landscape of advertising activities.

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The information provided here is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.

[1] Article 23 and Article 24 of Advertising Law 2012

[2] Pursuant to Article 76 of the Criminal Code 2015, commercial legal entities are not subject to criminal liability for offenses like false advertising or customer deception, as these crimes only apply to individuals. Similarly, Article 11 of the Advertising Law 2012 provides that organizations committing advertising violations are subject to administrative sanctions, whereas individuals may face either administrative penalties or criminal liability depending on the severity of the violation.