Decree amends regulations on cross-border advertising activities in Việt Nam

Advertising service providers inside and outside the country engaging in cross-border advertising activities in Việt Nam must abide by regulations on advertisement, cybersecurity, as well as management, provision and use of Internet services and online information, and must pay tax in line with tax-related laws, according to a new Government decree.

Decree No. 70/2021/ND-CP gives amendments and supplements to a number of articles of Decree No. 181/2013/ND-CP dated April 14, 2013 providing details on the implementation of a number of articles of Law on Advertising, including adjustments relating to the provision of cross-border advertising service in Việt Nam.

According to the document, the provision of cross-border advertising activities in Vietnam means the use of electronic information sites by foreign organisations and individuals to provide advertising services from systems located outside Việt Nam for users in Việt Nam, having revenue generated in Việt Nam.

Foreign organisations and individuals engaging in providing cross-border advertising services in Việt Nam must comply with regulations and obligations stated in Article 13 of the Law on Advertising and related regulations.

They must not cooperate with websites that have been reported by authorised agencies due to legal violations, whose names are available on the Ministry of Information and Communications (MIC)’ online portal.

Meanwhile, Decree 70 also gives supplements to regulations on the responsibility in management of activities providing cross-border advertising services. Accordingly, the MIC will receive reports on violations on cross-border advertising activities from other ministries, sectors and localities. It will then send requests on violation settlement to foreign organisations and individuals providing cross-border advertising services.

The decree will take effect from September 15, 2021.