On 21 July 2021, the Vietnamese Government approved the Draft Decree Amending & Supplementing Several Articles of Decree No. 181/2013/ND-CP dated 14 November 2013 implementing the Law on Advertising (“Decree 181”). The Draft Decree has been officially promulgated and renamed as Decree No. 70/2021/ND-CP (“Decree 70”).

Decree 70 will take effect on 15 September 2021.

Please find below a high level summary of Decree 70 that will directly impact on those who provide cross-border advertising services in Vietnam.

Definition of cross-border advertising services in Vietnam

The provision of cross-border advertising services in Vietnam is defined as "the use of electronic information sites by foreign organizations and individuals to provide advertising services from systems located outside of Vietnam, for users in Vietnam, having revenue generated in Vietnam."

As apparent from the above, the definition remains very broad and aims to cover both web pages and applications providing advertising services. 

Responsibilities and obligations of cross-border advertising service providers ("CASP")

Under Decree 70, a CASP shall be responsible for:

(i) Reviewing and checking advertisements published on their platforms to ensure that the advertisements are in compliance with the Law on Advertising;

(ii) Not attaching advertisements to content infringing Vietnamese laws as provided under Article 8 of the Law on Cybersecurity;

(iii) Preventing and taking down infringing content upon a request of the MIC; providing information about organizations and individuals involved in cross-border advertising activities that appear illegal to competent authorities upon request; and

(iv) Providing solutions for advertising publishers and advertisers in Vietnam to control and remove advertising products that violate Vietnamese laws on the service system.

Additionally, CASPs are also required to:

(i) Notify the MIC of their contact information before providing cross-border services into Vietnam;

(ii) Submit an annual report in a prescribed form to the MIC; and

(iii) Submit ad-hoc report(s) to the MIC at this agency's request.

It is evident that cross border advertising is being highly regulated in Vietnam under Decree 70. This will impact on those who provide cross border advertising services. If you have any questions, please feel free to contact us at tmh@bmvn.com.vn.