Latest Law on advertising in Vietnam (Law NO. 75/2025/QH15)

Law No. 75/2025/QH15 amending and supplementing one article of the Law on Advertising (hereinafter referred to as the “Advertising Law 2025”) is an effort by the National Assembly of Vietnam to modernize and adjust regulations on advertising activities, particularly to adapt to the rapid development of technology and new forms of advertising, especially in the digital environment. This Law takes effect on January 1st, 2026. The main objectives of the Law are:

• Expand scope and definitions, clarify “advertising publisher” and add the subject “advertising content transmitter,” thereby covering the activities of KOLs/KOCs;

• Tighten online advertising management: identification standards, opt-out/marking mechanism, sponsorship labeling, obligations to comply with cybersecurity, data protection, child protection, tax obligations, and a 24-hour removal mechanism upon request;

• Reform content and conditions: allow comparative advertising when supported by lawful documents, standardize notes/warnings to prevent “loopholes,” synchronize with specialized laws;

• Support industry development & urban order: increase the ceiling of advertising space in newspapers/magazines, adjust advertising duration on radio, television, films, manage product placement, be flexible with advertising integrated in international events and planning of outdoor advertising;

• Simplify procedures and harmonize laws, abolish unnecessary dossier components and unify commercial advertising management under a single law.

1. Expanding scope of regulation and definition

The Advertising Law 2025 updates the definition of “Advertising” as “Advertising is the use of people or means to introduce to the advertising recipient products, goods, services, organizations, or individuals producing or trading in such products, goods, or services.” The addition of “people” reflects the intent to modernize the definition of advertising to include advertising through celebrities and influencers (KOLs/KOCs), while simultaneously removing exceptions such as news, social policies, and personal information from the general definition in order to expand the scope of regulation. At the same time, the term “the public” is replaced with “advertising recipient,” and exceptions such as news, social policies, and personal information are excluded from the definition of advertising.

This demonstrates the effort to modernize the definition of advertising to reflect the actual development of the industry, particularly the rise of advertising through celebrities, influencers (KOLs/KOCs), and personal media forms. The removal of exceptions in the general definition may be intended to initially broaden the scope of regulation, with subsequent detailed provisions clarifying specific limits.

2. Expanding the concept of “advertising publisher” and supplementing “advertising content transmitter”

The Advertising Law 2025 also amends the definition of “advertising publisher” and “advertising content transmitter.” Specifically, the Law supplements the definition of “advertising publisher” by adding the subject of “advertising content transmitter”.

The definition of “advertising content transmitter” is expanded to include “a person who directly advertises, recommends, or endorses products, goods, or services online, or directly advertises by means of … for profit-making purposes.” This is one of the most important changes, reflecting the intent to exercise stricter control over online advertising activities and advertising through individuals.

Clarifying and expanding this definition serves as the legal basis for imposing obligations on KOLs, KOCs, and individuals engaging in advertising activities in cyberspace.

3. Increasing responsibilities and obligations of entities participating in advertising activities, especially advertising content transmitters

The Advertising Law 2025 supplements the rights and obligations of advertising content transmitters; accordingly, it specifically provides for the obligations of such transmitters, including compliance with laws on consumer protection, tax payment, and provision of documents upon request by competent authorities. In particular, for “influencers,” the Law requires verification of the advertiser’s credibility, checking product documentation, not introducing products without prior use or adequate understanding, and clearly notifying about the advertising both before and during its execution.

This is a strong step toward enhancing transparency, accountability, and consumer protection in the field of online advertising. The Law aims to limit false, exaggerated, or concealed commercial-purpose advertising, while ensuring that individuals earning income from advertising fulfill their tax obligations.

4. Tightening management of advertising in cyberspace and on digital media

The Advertising Law 2025 revises the regulations on online advertising. Accordingly, the scope of regulation is significantly expanded, covering online newspapers, electronic information portals, social networks, online applications, and digital platforms connected to the Internet.
The Law sets out specific requirements such as advertisements must have clear identification marks, users must be able to turn off/decline advertisements, and social network service providers must provide features to distinguish advertisements. In particular, advertisers and advertising service providers must comply with the laws on cybersecurity, personal data protection, and child protection, and must register for tax, declare, and pay taxes on revenue arising from advertising services. Online advertising service providers are also responsible for verifying the advertiser’s identity, storing information, having technical solutions for control, and removing violating advertisements. The Law also stipulates a 24-hour deadline to remove violating advertisements upon request.
This is a major step forward in the management of digital advertising. Lawmakers demonstrate the intent to comprehensively control the online advertising environment, from social media platforms to applications, aiming to create a healthier and safer cyberspace. The emphasis on tax obligations and technical blocking capabilities reflects the State’s determination to manage revenue and address violations in the digital space.

5. Reforming regulations on advertising content and conditions

5.1 Allowing comparative advertising with lawful evidence

The Advertising Law 2025 amends the prohibition on certain advertising practices, thereby allowing the comparison of one’s products, goods, or services with those of other organizations or individuals of the same type, provided that there is lawful documentation to substantiate the claim. This represents a significant change compared to the previous absolute prohibition. It reflects the intent to promote fair competition on the basis of transparency and evidence, encouraging businesses to highlight their strengths more objectively instead of completely banning comparative practices.

5.2 Enhancing transparency and warnings in advertising content

The Advertising Law 2025 revises requirements for advertising content, emphasizing that advertising must not cause misunderstanding about features, quality, utility, or effects. It adds detailed provisions on notes, recommendations, and warnings, ensuring that they must be clear and easily accessible. This aims to improve the quality of advertising information and proactively protect consumers’ rights. The stricter regulation on how warning information is presented shows the intent to prevent advertisers from “circumventing the law” by obscuring or rapidly reading out important information.

5.3 Harmonizing advertising conditions with specialized laws

The Advertising Law 2025 revises conditions for advertising, in order to update and harmonize advertising requirements for special products, goods, and services (such as medicines, cosmetics, food, medical devices, etc.) with the most recent specialized laws. This ensures consistency and coherence of the legal system, avoiding overlaps or conflicts between the Advertising Law and other specialized laws. This also helps businesses comply with the law more easily.

6. Supporting the development of the advertising industry and ensuring urban order

6.1 Expanding advertising space in print newspapers and magazines

The Advertising Law 2025 increases the maximum advertising space in newspapers from 15% to 30% and in magazines from 20% to 40%. This provision is expected to create favorable conditions and increase revenue for press agencies, helping them maintain and develop in the context of media competition.

6.2 Adjusting advertising duration on radio, television, and films; managing international integrated advertising and product placement

The Advertising Law 2025 adjusts advertising duration on radio, television, and films. Accordingly, it provides more detailed and flexible regulations on advertising breaks in entertainment programs and films. It allows the live broadcast of international events containing advertisements prohibited in Vietnam, subject to strict conditions (such as having live broadcast copyright, no contractual agreements, no direct benefits, and mandatory warnings about inappropriate advertisements). The Law also adds provisions on advertising within film content (product placement), with details to be regulated by the Government.

6.3 Planning outdoor advertising in connection with urban management, environment, and public aesthetics

The Advertising Law 2025 strengthens outdoor advertising planning. Specifically, the Law requires that planning must determine the design, size, materials, number, and means of advertising by road routes and within urban areas; allocate locations for propaganda, public campaigns, and classified-style advertising. It emphasizes scientific planning, application of technology, and environmental protection. It also increases the responsibility of provincial People’s Committees in preparing, adjusting, approving, and allocating funding for implementation of the planning. This aims to improve the management of urban space and landscapes, ensuring that outdoor advertising complies with planning, contributing to the development of civilized, modern, and safe cities. The reference to classified-style advertising shows an effort to address the problem of “dirty advertising” that harms urban aesthetics.

7. Online advertising management and cross-border services

7.1 Definition and scope of “cross-border advertising services”

The Advertising Law 2025 defines “cross-border advertising services in Vietnam” as the activity in which foreign organizations or individuals use service-providing systems located outside the territory of Vietnam to deliver advertising services to users in Vietnam via the Internet. This is a newly introduced concept in the law, clarifying the scope of regulation over international advertising services operating in Vietnam.

7.2 Advertising identification standards and user control mechanism

The Advertising Law 2025 emphasizes the management of advertising in the online environment: e-newspapers, information websites, social networks, applications, and digital platforms—the primary channels of cross-border advertising. The general requirement is that advertisements must carry identification signs (letters, numbers, symbols, images, sounds) to distinguish them from other content. For non-fixed advertisements, platforms must provide icons allowing users to turn off, report violations, or reject inappropriate content, thereby enhancing user control. Content accessed through advertisements must comply with the law; advertisers and publishers are required to implement inspection and monitoring measures. Social networks must provide features to distinguish advertising content; advertising users must label advertisements or sponsored content.

7.3 Legal responsibility, tax obligations, and coordination in handling violations of entities

The Advertising Law 2025 establishes clear responsibilities for all entities participating in online advertising—advertisers, advertising service providers, publishers, and advertising content transmitters—including cross-border activities. First, all parties must fully comply with the laws on advertising, cybersecurity, personal data protection, consumer and child protection, as well as regulations on the management, provision, and use of Internet services and online information. Regarding tax obligations, entities must register, declare, and pay taxes on all revenue generated from advertising services, in order to control revenue from cross-border activities. Regarding content and placement, it is prohibited to place advertising products within, alongside, immediately before, or immediately after content that violates the law; to advertise on infringing platforms; or to cooperate with organizations, individuals, accounts, or channels publicly announced as violators by competent authorities. All parties must promptly coordinate with state agencies to prevent and remove infringing content and to provide relevant information. In case of violations, entities are obliged to comply with sanctions and remedial measures as prescribed.

7.4 Obligations of compliance for advertising service businesses and digital platforms

Online advertising service providers, including platforms offering cross-border services, are responsible for establishing and maintaining a comprehensive compliance mechanism. First, they must fully notify competent state authorities of their contact information for coordination, inspection, and examination purposes. At the same time, they must verify the identity of advertisers and require the provision of business registration certificates or valid legal documents, ensuring that only legally eligible clients are accepted.. Enterprises must store advertising records (content, timing, distribution scope, intended audience, etc.) and provide them upon request by competent authorities. From a technical perspective, they must implement measures to monitor, detect, temporarily block, and promptly remove advertising products that violate the law; at the same time, they must store and manage information on the rules and algorithms applied in advertising distribution. Enterprises must establish a point of contact and a mechanism for complaint handling; comply with transparency requirements when operating intermediary platforms (e.g., labeling, disclosure of relevant information). Finally, they must fully comply with both periodic and ad hoc reporting regimes as prescribed.

8. Protecting personal data and Vietnamese consumers

8.1 Binding personal data protection in online advertising

The Advertising Law 2025 explicitly provides that entities engaged in online advertising activities must comply with the “laws on… personal data protection.” This is an important new provision, directly linking advertising activities—particularly online advertising (which often involves the collection and processing of user data)—with regulations on privacy and personal data protection. Although the Advertising Law does not go into detail on how data must be protected, this provision establishes a legal basis for applying specialized laws and decrees on personal data protection (for example, Decree No. 13/2023/ND-CP on personal data protection) to advertising activities.

8.2 Protection of personal data

Advertisers and publishers must ensure: (i) there is a proper legal basis when processing data; (ii) transparent notification and consent where necessary; (iii) limitation of purpose and data minimization; (iv) application of security measures, data retention and deletion in accordance with the law; (v) respect for the rights of data subjects. Any transfer of data abroad, if it arises, must comply with the conditions under current law..

8.3 Protection of consumer rights

Advertising recipients are entitled to: (i) truthful and accurate information about features, quality, and utility; (ii) the right to refuse to receive advertisements; (iii) the right to claim compensation if goods or services do not conform to the advertised content; (iv) the right to file complaints or initiate lawsuits in accordance with the law. This represents a proactive layer of protection aimed at reducing commercial fraud and misleading advertising practices.

8.4 Requirements for content and presentation

Advertising content must be clear and not misleading. All notes/recommendations/warnings must be easily recognizable, with text contrasting with the background and not smaller than the font size used in the advertising product; spoken parts must be complete and clear, with speed and volume equivalent to other content. These standards prevent circumvention by blurring, excessively rapid reading, or non-transparent insertion.

8.5 Responsibilities of advertising disseminators (particularly “influencers”)

Advertising disseminators must comply with consumer protection laws when providing information about products/services; verify the credibility of advertisers and related legal documents; refrain from making endorsements if they have not used or do not clearly understand the product; and must attach labels and disclose the advertising nature both prior to and during the performance to ensure transparency.

9. Simplification of administrative procedures and harmonization of laws

9.1 Elimination of unnecessary dossier components, streamlining of licensing and advertising notification procedures

The Advertising Law 2025 abolishes certain provisions and dossier requirements for licensing advertising-dedicated channels, some documentation requirements in advertising notification dossiers, and permits for advertising construction works. This reflects the lawmakers’ efforts to reduce administrative procedures, creating more favorable conditions for enterprises in licensing and notification processes. This can be achieved either by delegating detailed regulatory authority to the Government or by treating such documents as unnecessary to resubmit in each dossier, since they can be verified through national databases.

9.2 Unified management of commercial advertising activities under the Advertising Law

The Advertising Law 2025 also amends the Commercial Law. Accordingly, Section 2 of Chapter IV of the Commercial Law (Commercial Advertising) is repealed. Therefore, commercial advertising activities will be governed by the Advertising Law. This is a significant step toward harmonizing the legal system. It consolidates all advertising regulations into a single law, avoiding overlaps and conflicts between legal documents, thereby making law enforcement clearer, more transparent, and more effective.

Time of writing: 24/08/2025

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