On 16 June 2025, the National Assembly passed the Law amending Advertising Law 2012 (“Amending Law”) effective from 1 January 2026, introducing stricter and clearer regulations on advertising practices, aiming to curb deceptive practices and better protect consumers.
Recently, Vietnam is witnessing a surge in misleading and unlawful advertising, particularly across digital platforms and influencer channels. As a result, authorities and consumers have expressed increasing concern over the widespread promotion of counterfeit goods. These developments have highlighted several shortcomings in Advertising Law 2012. For instance, advertisements nowadays are conveyed through various online platforms such as social media (e.g., Facebook, Instagram, TikTok), video-sharing sites like YouTube, e-commerce platforms and influencer marketing channels. The Advertising Law 2012 does not cover these advertising platforms, as it primarily regulates advertisements on electronic information pages, online newspapers and email. Furthermore, the Advertising Law 2012 also does not define the rights and responsibilities of advertising conveyors, especially influencers, while celebrities’ influence may create trust and significantly shape consumer behavior.
In addition, the Advertising Law 2012 lacks sufficient deterrent effect, particularly in regulating the advertising practices of organizations. In some cases, organizations have continued violating advertising regulations even after receiving administrative sanctions from authorities. These examples suggest the Advertising Law 2012 has not kept pace with the fast-changing landscape of advertising practices, highlighting the need to address emerging challenges in the sector. In response, the Amending Law has introduced several key improvements to tackle these shortcomings.
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