On the morning of June 16, 2025, Vietnam's National Assembly passed a significant amendment to the Advertising Law, signaling a new era of regulation for advertising practices, especially concerning celebrities and social influencers. With an overwhelming majority—453 out of 461 delegates voting in favor—the revised law is set to take effect on January 1, 2026, aiming to tighten controls and enhance accountability in the advertising sector amid the digital age.
The amendment notably clarifies the rights and obligations of "advertising product conveyors," a term that encompasses individuals who directly promote, recommend, or endorse products, goods, or services. This includes those who advertise online or through physical means such as wearing, hanging, affixing, or displaying products with the intent of profit. The law places clear responsibilities on these conveyors, making them accountable if the advertising content fails to meet legal standards.
One of the law’s pivotal provisions is the restriction imposed on celebrities and influencers who have not used or do not fully understand the products they promote. From January 1, 2026, such individuals will be prohibited from advertising these products, a move designed to curb misleading endorsements and protect consumers from false claims. As Nguyen Dac Vinh, Chairman of the National Assembly’s Culture and Social Affairs Committee, emphasized, "The obligation to verify the advertiser's reliability aims to increase the responsibility of advertising product conveyors to the community and society." This reflects a broader effort to address the problem of false advertising and the promotion of counterfeit or substandard goods by some public figures.
Advertising product conveyors are now entitled to receive truthful, complete, and accurate information about the products, services, and related advertising conditions from advertisers. They must comply with laws protecting consumer rights and provide accurate information about product features and quality when promoting items. Furthermore, they are obligated to fulfill tax responsibilities on any revenue generated from advertising services, ensuring transparency and legal compliance.
For influencers, the law imposes additional obligations. They must verify the credibility of the advertisers and scrutinize documents related to the advertised products or services. Crucially, if an influencer has not used or does not thoroughly understand a product, they are barred from promoting it. They must also disclose their advertising activities clearly, both immediately before and during the promotion. This transparency is intended to help consumers distinguish genuine endorsements from paid advertisements.
When advertising on the internet, advertising product conveyors must abide by a suite of legal requirements, including those related to advertising standards, cybersecurity, personal data protection, consumer protection, child protection, and the management of internet services and information. They must register for tax purposes, declare, and pay taxes on advertising income. The law also prohibits placing advertisements in or near content that violates the law and bans advertising on websites, social networks, online applications, or digital platforms that are illegal.
During the legislative process, some delegates proposed stricter regulations, suggesting that only individuals with relevant expertise should be allowed to advertise specific products. However, the National Assembly Standing Committee maintained that celebrity and influencer participation in advertising is a valuable commercial activity that stimulates economic growth, encourages innovation, and supports business development. Hence, the law does not restrict advertising by celebrities or influencers but strengthens their duties to ensure responsible promotion.
The law also updates provisions related to online advertising. It requires that online advertisements be clearly identifiable through numbers, text, symbols, images, or sounds to distinguish them from non-advertising content. For advertisements that are not fixed, there must be features enabling users to turn off ads, report violations, or refuse to view inappropriate content. Ads containing links must comply with legal standards, with advertisers and service providers responsible for monitoring linked content.
Another important aspect is the enhanced control over advertising platforms. The law prohibits advertisements on electronic information pages, social networks, online applications, or digital platforms that violate the law. This measure aims to protect brand safety and prevent Vietnamese brands from being associated with harmful, misleading, or false content, which could undermine the country’s political stability and social order. According to the Standing Committee, existing laws already regulate these issues effectively, and maintaining these provisions supports a healthy media environment and national information security.
The amended law also strengthens enforcement mechanisms. Organizations and individuals violating advertising regulations face disciplinary actions, administrative penalties, or criminal prosecution depending on the severity of violations. They are also liable for compensation for any damages caused. State agencies and officials responsible for enforcement decisions must bear accountability, including compensating for damages if their decisions are found to be wrongful.
Nguyen Dac Vinh highlighted that the law’s comprehensive review and incorporation of valid feedback ensure it balances strict management with the need to foster creativity and development in the advertising industry. He noted, "The content of the draft law is practical, meeting the demand for strict management without hindering creative activities and the development of the advertising industry." This approach aims to create a sustainable, transparent, and trustworthy advertising environment aligned with the digital era and global integration trends.
In summary, Vietnam’s newly amended Advertising Law, effective from January 1, 2026, marks a decisive step toward regulating advertising activities more rigorously. It particularly targets the role of celebrities and influencers, emphasizing their responsibility to verify and understand the products they promote. The law’s provisions on online advertising and platform accountability further demonstrate the government’s commitment to safeguarding consumers and ensuring a trustworthy advertising ecosystem in the digital age.
