Decree 70/2021/ND-CP amending Decree 181/2013/ND-CP guiding the Law on Advertising

DECREE

AMENDING GOVERNMENT'S DECREE NO. 181/2013/ND-CP DATED NOVEMBER 14, 2013 ON ELABORATION OF SOME ARTICLES OF THE LAW ON ADVERTISING

Pursuant to the Law on Government Organization dated June 19, 2015 and Law on Amendments to the Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Advertising dated June 21, 2012;

Pursuant to the Cybersecurity Law dated June 12, 2018;

At the request of the Minister of Information and Communications;

The Government hereby promulgates a Decree amending the Government's Decree No. 181/2013/ND-CP dated November 14, 2013 on elaboration of some Articles of the Law on Advertising.

Article 1. Amendments to some Articles of the Government's Decree No. 181/2013/ND-CP dated November 14, 2013 on elaboration of some Articles of the Law on Advertising

1. Article 13 is amended as follows:

“Article 13. Provision of cross-border advertising services in Vietnam

1. Provision of cross-border advertising services in Vietnam is the use of websites to provide advertising services for users in Vietnam from service providing equipment systems located outside of Vietnamese territory and earn revenues in Vietnam by foreign organizations and individuals.

2. Cross-border advertising service provision websites mentioned in this Decree are information systems using one or more than one website in the form of symbols, numbers, letters, images and sounds and other forms of information to provide network users with services of information storage, provision, use, search and exchange, sharing of sounds and images, and creation of online chats and forums to provide advertising services.

3. When providing cross-border advertising services in Vietnam, Vietnamese and foreign advertising service providers, advertisement distributors and advertisers must comply with regulations of Vietnamese law on advertising, cybersecurity and management, provision and use of Internet services and online information; and pay tax as per regulations of law on tax

4. Foreign organizations and individuals involved in provision of cross-border advertising services in Vietnam shall have the rights and obligations mentioned in Article 13 of the Law on Advertising and the following regulations:

a) Notify the Ministry of Information and Communications of the following contact information:

Organization name, business name, address of headquarters where advertising service provision is registered; locations of main server system used for service provision and server system in Vietnam (if any);

Contact point: name of representative organization or individual in Vietnam (if any), email address and phone number;

Method and deadline for notification: 15 days before their cross-border advertising services are provided in Vietnam, foreign organizations and individuals shall send the notification directly, by post or via electronic means to the Ministry of Information and Communications (Authority of Broadcasting and Electronic Information);

Upon receipt of a notification, the receiving authority shall send a confirmation in writing or via electronic means to the sender within 07 working days after the date of receipt of the notification;

b) Do not advertise via illegal contents mentioned in Clause 1 Article 8 of the Cybersecurity Law and Article 28 of the Law on Intellectual Property;

c) Prevent and remove illegal information at the request of the Ministry of Information and Communications and competent authorities according to regulations in Article 14 of this Decree; provide information on organizations and individuals involved in cross-border service provision showing signs of a violation against the law for competent authorities upon request.

5. When concluding contracts with advertising service providers (including Vietnamese and foreign organizations and individuals providing cross-border advertising services), advertisement distributors and advertisers have the following rights and obligations:

a) Request advertising service providers to not advertise via illegal contents mentioned in Clause 1 Article 8 of the Cybersecurity Law and Article 28 of the Law on Intellectual Property;

b) Request advertising service providers to take technical solutions to enable advertisement distributors and advertisers in Vietnam to control and remove advertisements against Vietnamese law on service provision systems.

6. Advertising service providers, advertisement distributors and advertisers shall not cooperate in advertisement distribution with websites marked as violating against the law by competent authorities on the website of the Ministry of Information and Communications.”

2. Article 14 is amended as follows:

“Article 14. Responsibilities for management of provision of cross-border advertising services

1. Ministries and local governments shall identify illegal cross-borders advertisements as assigned in regulations of law on management and administrative penalties for violations against regulations of law on advertising.

The Ministry of Information and Communications shall receive reports on illegal cross-border advertisements from ministries and local governments and send requests for handling of illegal advertisements to foreign cross-border advertising service providers.

2. Within 05 days after receiving evidence of an illegal cross-border advertisement, the Ministry of Information and Communications shall check the content deemed illegal and send a request for handling in writing or via electronic means to the foreign cross-border advertising service provider. Information on the illegal advertisement sent to the foreign cross-border advertising service provider shall be published on the website of the Ministry of Information and Communications.

With 24 hours after receiving the request from the Ministry of Information and Communications, the foreign cross-border advertising service provider shall handle the illegal advertisement as requested.

If the foreign provider fails to handle the illegal advertisement within the abovementioned time limit without a legitimate reason, the Ministry of Information and Communications shall take measures to restrict the illegal advertisement.

Competent Vietnamese authorities shall take measures to restrict cross-border advertisements threatening Vietnam’s national security.

Restrictive measures shall only be lifted when all of the illegal advertisement has been handled by the foreign provider as requested by the Ministry of Information and Communications.

3. Article 15 is amended as follows:

“Article 15. Periodic reporting

1. Vietnamese advertising service providers cooperating with foreign entities in providing cross-border advertising services in Vietnam shall submit reports on an annual basis (before December 31) or upon request on provision of cross-border advertising services in Vietnam to the Ministry of Information and Communications (Authority of Broadcasting and Electronic Information) using Form No. 01 enclosed therewith.

Reports shall be submitted directly, by post or via electronic means.

2. Departments of Information and Communications shall submit reports on an annual basis (before December 31) or upon request within their competence on management of provision of cross-border advertising services in Vietnam to the Ministry of Information and Communications (Authority of Broadcasting and Electronic Information).

Article 2. Implementation clause

1. This Decree takes effect from September 15, 2021.

2. Ministers, heads of ministerial-level agencies, heads of Governmental agencies, Chairpersons of People’s Committees at all levels and relevant organizations and individuals shall implement this Decree.

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