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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

Hung Tran is the managing partner of BMVN International LLC (strategic alliance of Baker McKenzie Vietnam) and the chair of the Commercial, Data, IPTech and Trade Practice of Baker McKenzie Asia Pacific offices. For years, he has been constantly ranked as a leading IP, TMT, and Data Protection lawyer by numerous researchers such as Chambers Global, Chambers Asia, Legal 500 Asia Pacific. 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. He is also a respected presenter in the area of IP, Franchising, Data Privacy, and Entertainment Laws. In addition to authoring many publications, Mr. Tran has lectured at Waseda University School of Law (Japan), Vietnam-German University, Hanoi Law University, Diplomatic Academy of Vietnam, Foreign Trade University, an international MBA Program (CFVG) and IP laws for the Professional Training School of the Ministry of Industry and Trade. He used to serve as the Chairman of the Legal Committee of Hanoi American Chamber of Commerce.