VI In the vibrant market economy, advertising plays a vital role as an essential bridge between businesses and consumers, helping products and services reach the public widely. However, for advertising activities to be effective and comply with legal regulations, participating organizations and individuals need to clearly understand the nature of advertising, as well as the mandatory requirements that must be adhered to. Mastering the legal framework for advertising in Vietnam is key to protecting business reputation and consumer rights. Let Pham Consult join you to find out more about the concept of advertising and the conditions for advertising under Vietnamese law.
I. What is Advertising?
Advertising is the use of people or means to introduce to the recipient of the advertisement a product, commodity, or service, or the organization or individual producing or trading such product, commodity, or service. This is a crucial part of a company’s marketing strategy, helping to build and enhance brand image, as well as increase sales.
According to the provisions of Article 17 of the Law on Advertising 2012 (amended and supplemented in 2025), advertising means include the following types:
– The press.
– Electronic information pages, electronic devices, terminal equipment, and other telecommunications devices.
– Printed products, sound recordings, video recordings, and other technology devices.
– Advertising boards, banners, signs, lightboxes, specialized advertising screens.
– Means of transport.
– Fairs, workshops, conferences, event organization, exhibitions, cultural and sports programs.
– Advertising objects.
– Other advertising means as prescribed by law.
II. Requirements for Advertising and Advertising Conditions
- Requirements for Spoken Language and Text in Advertising
In addition to images, colors, and sounds, language is a critical element in advertising, playing the role of effectively conveying messages, attracting, and making an impression on consumers. According to the provisions of Article 18 of the Law on Advertising 2012 (amended and supplemented in 2025), the spoken language and text used in advertising must meet the following requirements:
– Advertising products must contain content expressed in Vietnamese, except in the following cases:
+ Trademarks, slogans, brands, proper names in foreign languages, or internationalized terms that cannot be replaced by Vietnamese;
+ Books, newspapers, electronic information pages, and publications permitted for publication in Vietnamese ethnic minority languages or foreign languages; radio and television programs in Vietnamese ethnic minority languages or foreign languages.
– Vietnamese words in advertising products must ensure the purity of the Vietnamese language, be clear, easy to understand, and accurately reflect the content to be conveyed.
– In case both Vietnamese and a foreign language are used on the same advertising product, the font size of the foreign language must not exceed three-quarters of the Vietnamese font size and must be placed below the Vietnamese text; when broadcast on radio, television, or on audio-visual means, the Vietnamese language must be read before the foreign language.
- Requirements for Advertising Content
Advertising content is one of the most important factors that determines whether an advertising product is permitted to be advertised in the market. According to Article 19 of the Law on Advertising 2012 (amended and supplemented in 2025), the content of advertising must meet the following requirements:
– Advertising content must be truthful, accurate, and clear; it must not cause confusion about the features, quality, uses, or effects of the product, commodity, or service.
– If the advertisement requires a note, recommendation, or warning, it must be fully, clearly, and easily accessible; the text must have a contrasting color to the background and must not be smaller than the font size in the advertising product; the note, recommendation, or warning content must be read fully and clearly at a speed and volume equivalent to the speed and volume of other content in the same advertising product.
– Advertising content does not include:
+ Documents, information, or images describing products, commodities, services, and products or commodities provided by the producing or trading organization or individual for promotional activities, display, introduction of goods, services, and trade fairs/exhibitions, except for functional foods and foods for special dietary uses as regulated by the law on food safety;
+ Mandatory content that must be displayed on product labels or packaging as prescribed by the law on product labels, except for functional foods and foods for special dietary uses as regulated by the law on food safety; content that must be publicly disclosed and provided to customers and consumers; information, education, and communication content on preventing and controlling the harms of goods; and other information provision responsibilities and obligations as stipulated by relevant laws.
+ For the list of special products, commodities, and services, the Government shall stipulate detailed requirements for the advertising content of such special products, commodities, and services. Notably, advertising of special products, commodities, and services (except for livestock feed advertising) shall only be carried out after the content is confirmed by the competent state agency.
Note: The following contents are prohibited in advertising activities:
– Advertising using the words “best,” “only,” “number one,” or similar terms without legitimate documents proving compliance with the regulations of the Ministry of Culture, Sports and Tourism.
– Advertising containing content that constitutes unfair competition as prescribed by the law on competition.
– Advertising violating the law on intellectual property.
- Advertising Conditions
Each type of advertising product will have different advertising conditions. According to the provisions of Article 20 of the Law on Advertising 2012 (amended and supplemented in 2025), advertising for specific products must meet the following conditions:
a. Advertising business activities for goods and services: A business registration certificate is required as prescribed by law.
b. Advertising for all types of products, commodities, and services: Documents proving the conformity/certification of the product, commodity, or service with applicable standards and regulations are required as prescribed by law.
c. Advertising assets for which the law requires a certificate of ownership or right to use: A certificate of ownership or right to use the asset is required.
d. Advertising special products, commodities, and services: A document or information certifying that the product, commodity, or service is permitted to be circulated or performed in Vietnam and is still valid according to the law is required, except in cases where the special product, commodity, or service is not on the list requiring licensing, and the following conditions are met:
– Advertising of pharmaceuticals shall comply with the law on pharmacy;
– Advertising of cosmetics must have a cosmetic product announcement form as prescribed by law;
– Advertising of insecticide and germicide preparations for household and medical use must have a registration certificate for circulation as prescribed by law;
– Advertising of food, food additives, and nutritional products for children up to 36 months of age must comply with the conditions of the Law on Advertising 2012 and must have a product announcement registration or self-announcement of the product as prescribed by the law on food safety;
– Advertising of medical examination and treatment services must have a medical practice certificate or a medical examination and treatment operation license as prescribed by the law on medical examination and treatment;
– Advertising of medical equipment must have a circulation number or an import license for imported medical equipment as prescribed by law, except for cases where medical equipment is not required to have a circulation number or import license;
– Advertising of plant protection products must have a registration certificate for plant protection products as prescribed by the law on plant protection and quarantine;
– Advertising of veterinary drugs must have a certificate of circulation of veterinary drugs and a summary of product characteristics as prescribed by the law on veterinary medicine;
– Advertising of fertilizers must have a decision recognizing the fertilizer’s circulation in Vietnam; advertising of plant varieties must have a decision recognizing circulation, a decision recognizing special circulation, a document announcing information on self-declared plant varieties, or an import license for plant varieties granted by a competent state agency; advertising of animal feed and livestock waste treatment products must have information on animal feed and livestock waste treatment products announced as prescribed by the law on husbandry.
For other special products, commodities, and services arising in practice, the advertising conditions shall be stipulated by the Government.
