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OVERNMENT SOCIALIST REPUBLIC OF VIETNAM

------- Independence – Freedom – Happiness


--------------

No: 181/2013/ND-CP Hanoi, November 14, 2013

DECREE
DETAILED REGULATIONS ON THE IMPLEMENTATION OF SOME ARTICLES OF THE ADVERTISING LAW
Pursuant to the Law on Government Organization dated December 25, 2001;
Pursuant to the Law on Advertising dated June 21, 2012;
At the request of the Minister of Culture, Sports and Tourism,
The Government promulgates a Decree detailing the implementation of a number of articles of the Law on
Advertising .
Chapter 1.
GENERAL RULES
Article 1. Scope
This Decree details the implementation of a number of articles of the Law on Advertising regarding advertising
content of special products, goods and services; advertising on websites of foreign organizations and individuals
providing cross-border advertising services that generate advertising revenue in Vietnam; outdoor advertising
planning; Representative offices of foreign advertising enterprises in Vietnam and assignment of state
management responsibilities for advertising.
Article 2. Subjects of application
This Decree applies to Vietnamese organizations and individuals; Foreign organizations and individuals
participating in advertising activities in Vietnamese territory.
Chapter 2.
ADVERTISING CONTENT OF SPECIAL PRODUCTS, GOODS AND SERVICES
Chapter 3.
ADVERTISING ON ELECTRONIC INFORMATION PAGES OF FOREIGN
ORGANIZATIONS AND INDIVIDUALS PROVIDING CROSS-BORDER
ADVERTISING SERVICES THAT GIVE ADVERTISING REVENUE IN VIETNAM
Article 13. Subjects and requirements of advertising activities on websites of foreign organizations and
individuals providing cross-border advertising services
1. Electronic information pages of foreign organizations and individuals providing cross-border advertising
services that generate advertising revenue in Vietnam are electronic information pages operating from servers
located abroad. provide advertising information to users in the territory of Vietnam.
2. Vietnamese organizations and individuals that have goods and services that want to advertise on the websites
of foreign organizations and individuals providing cross-border advertising services must go through advertising
service providers. The report has registered to operate legally in Vietnam.
3. Activities on websites of foreign organizations and individuals doing business in cross-border advertising
services that generate advertising revenue in Vietnam must pay tax according to the provisions of tax law.
Article 14. Conditions for advertising activities on websites of foreign organizations and individuals
providing cross-border advertising services in Vietnam
1. Electronic information pages of foreign organizations and individuals providing cross-border advertising
services in Vietnam must also comply with the provisions of Vietnamese law on management, provision and use
of services. Internet and online information.
2. 15 days before advertising, website owners of foreign organizations and individuals doing business in cross-
border advertising services in Vietnam must notify the Ministry of Culture and Sports in writing. and Tourism
about the following contents:
a) Name and address of the Vietnamese advertising service provider authorized to perform advertising services;
b) Main business lines of Vietnamese advertising service providers authorized to perform advertising services.
Article 15. Conditions and responsibilities of advertising service providers
1. Advertising service dealers, when performing advertising service contracts on websites of foreign
organizations and individuals doing cross-border advertising service business in Vietnam, must meet the
following conditions: following facts:
a) Is an enterprise with the function of providing advertising services established and operating under
Vietnamese law;
b) Have the owner of the website of a foreign organization or individual doing business in cross-border
advertising services in Vietnam sign a contract as a partner to perform advertising services according to the
provisions of Vietnamese law.
2. Responsibilities of advertising service providers when implementing advertising service contracts on websites
of foreign organizations and individuals doing business in cross-border advertising services in Vietnam include :
a) Be responsible for advertising products when performing advertising services;
b) Carry out support, advertising and exploitation activities on electronic information pages of foreign
organizations and individuals when meeting Vietnam's legal regulations on management, provision, use Internet
services and online information;
c) Send periodic reports every 6 months on advertising service implementation activities to the Department of
Culture, Sports and Tourism where the advertising service provider is headquartered according to the form
issued by the Ministry of Culture and Sports. Sports and Tourism regulations or unexpected reports at the
request of competent state agencies.

GOVERNMENT SOCIALIST REPUBLIC OF VIETNAM


------- Independence - Freedom - Happiness
---------------

No: 70/2021/ND-CP Hanoi, July 20, 2021

DECREE
AMENDING AND SUPPLEMENTING SOME ARTICLES OF THE GOVERNMENT'S DECREE
NO. 181/2013/ND-CP DATED NOVEMBER 14, 2013 DETAILING THE IMPLEMENTATION OF SOME
ARTICLES OF THE ADVERTISING LAW
Pursuant to the Law on Government Organization dated June 19, 2015; Law amending and supplementing a
number of articles of the Law on Government Organization and the Law on Local Government
Organization dated November 22, 2019;
Pursuant to the Law on Advertising dated June 21, 2012;
Pursuant to the Law on Cyber Security dated June 12, 2018;
At the request of the Minister of Information and Communications;
The Government issued a Decree amending and supplementing a number of articles of Decree
No. 181/2013/ND-CP dated November 14, 2013 of the Government detailing the implementation of a number of
articles of the Law on Advertising .
Article 1. Amending and supplementing a number of articles of Decree No. 181/2013/ND-CP dated
November 14, 2013 of the Government detailing the implementation of a number of articles of the Law on
Advertising
1. Amend and supplement Article 13 as follows:
“Article 13. Activities providing cross-border advertising services in Vietnam
1. Providing cross-border advertising services in Vietnam is the use of websites by foreign organizations and
individuals to provide advertising services from an external service provision equipment system . Vietnamese
territory, for users in Vietnam, generating revenue in Vietnam.
2. Electronic information page providing cross-border advertising services in this Decree is an information system
that uses one or more electronic information pages in the form of symbols, numbers, writing, images, and
sounds. and other forms of information to provide network users with services of storing, providing, using,
searching, exchanging information, sharing sounds, images, creating forums, and chatting. online chat to provide
advertising services.
3. Advertising service providers, advertising publishers and domestic and foreign advertisers participating in
providing cross-border advertising services in Vietnam must comply with the provisions of law. Vietnam on
advertising, regulations on network security and regulations on management, provision and use of Internet
services and online information; must pay tax according to tax laws.
4. Foreign organizations and individuals providing cross-border advertising services in Vietnam comply with the
rights and obligations specified in Article 13 of the Law on Advertising and the following regulations:
a) Notify contact information to the Ministry of Information and Communications on the following contents:
Organization name, transaction name, head office address where advertising service provision activities are
registered; Location of main server system providing services and server system located in Vietnam (if any);
Contact point: name of representative organization or individual in Vietnam (if any), email address, contact phone
number;
Form and time of notification: 15 days before starting cross-border advertising service business in Vietnam,
foreign organizations and individuals send notification directly, or by post, or by other means. electronic media to
the Ministry of Information and Communications (Department of Radio, Television and Electronic Information);
Upon receiving the notice, the receiving agency is responsible for sending a written confirmation or via electronic
means to the organization or enterprise within 07 working days from the date of receipt of the notice;
b) Do not place advertising products in content that violates the law as prescribed in Clause 1, Article 8 of the
Law on Cyber Security , Article 28 of the Law on Intellectual Property ;
c) Implement the prevention and removal of information that violates the law at the request of the Ministry of
Information and Communications and competent authorities as prescribed in Article 14, this Decree; Provide
information about organizations and individuals involved in cross-border advertising activities that show signs of
violating the law to competent authorities upon request.
5. Advertising publishers and advertisers, when entering into contracts with advertising service providers
(including domestic and foreign organizations and individuals providing cross-border advertising services), have
Rights and obligations:
a) Request advertising service providers not to place advertising products in content that violates the law as
prescribed in Clause 1, Article 8 of the Law on Cyber Security , Article 28 of the Law on Intellectual Property ;
b) Require advertising service providers to have technical solutions so that advertising publishers and advertisers
in Vietnam can control and remove advertising products that violate Vietnamese law on the system. Service
Provider.
6. Advertising service providers, advertising publishers, and advertisers who do not cooperate in releasing
advertising products with websites that have been notified by competent authorities violate public law. declared
on the Electronic Information Portal of the Ministry of Information and Communications.”
2. Amend and supplement Article 14 as follows:
“Article 14. Management responsibilities for cross-border advertising service provision activities
1. Ministries, branches and localities are responsible for detecting and identifying cross-border advertisements
that violate the law according to their assigned authority in legal regulations on management and sanctioning of
administrative violations in advertising field.
The Ministry of Information and Communications is the agency that receives notices about cross-border
advertising that violates the law from ministries, branches and localities and is the contact point to send requests
to handle illegal advertising. for foreign organizations and individuals providing cross-border advertising services.
2. After receiving evidence of cross-border advertising violations of the law, within 05 days, the Ministry of
Information and Communications is responsible for reviewing and checking the violating content and sending a
written request for handling. in print or via electronic means for foreign organizations and individuals providing
cross-border advertising services. Information about violating advertisements that have been sent to foreign
organizations and individuals providing cross-border advertising services for processing will be publicly
announced on the Electronic Information Portal of the Ministry of Information and Communications. .
After receiving a request from the Ministry of Information and Communications, within 24 hours, foreign
organizations and individuals providing cross-border advertising services shall handle infringing advertisements
as requested.
After the above deadline, if foreign organizations or individuals do not handle infringing advertisements as
requested without a legitimate reason, the Ministry of Information and Communications will take measures to
prevent infringing advertisements. law.
In cases where cross-border advertising is discovered to violate the law and affect Vietnam's national security,
competent Vietnamese authorities will immediately take measures to prevent advertising from violating the law.
Preventive measures will only be removed after the violating advertisements have been handled by foreign
organizations and individuals at the request of the Ministry of Information and Communications.
3. Amend and supplement Article 15 as follows:
“Article 15. Periodic reports
1. Domestic advertising service providers who cooperate with foreign organizations and individuals conducting
cross-border advertising service business in Vietnam shall make annual reports (before December 31). or make
an unscheduled report upon request on activities providing cross-border advertising services in Vietnam to the
Ministry of Information and Communications (Department of Radio, Television and Electronic Information)
according to Form No. 01 issued attached to this Decree.
Reports are sent in one of the following forms: sending reports directly, by post or via electronic means.
2. Departments of Information and Communications make annual reports (before December 31) or extraordinary
reports when required according to assigned functions and tasks on management of supply activities. cross-
border advertising services in Vietnam for the Ministry of Information and Communications (Department of Radio,
Television and Electronic Information).
Article 2. Implementation provisions
1. This Decree takes effect from September 15, 2021.
2. Ministers, Heads of ministerial-level agencies, Heads of Government agencies, Presidents of People's
Committees at all levels and relevant organizations and individuals are responsible for implementing this Decree.

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