On the afternoon of November 25th, the National Assembly continued its 8th session by discussing the Law Draft on Amendments and Supplements to Several Articles of the Law on Advertising.
STRICT MANAGEMENT WITH FLEXIBILITY IN IMPLEMENTATION
Speaking at the meeting, Deputy Duong Tan Quan from Ba Ria-Vung Tau province, expressed his interest in the regulations regarding advertising for special products, goods, and services.
The deputy agreed with the viewpoint that strict management is necessary for the content of advertisements for special products such as cosmetics, functional foods, chemicals, and pesticides…
However, he suggested that the Law Draft should carefully consider listing all the special products in detail, as these products are subject to frequent changes and require specialized knowledge. “Detailed regulations in the Law will be difficult to adjust when changes occur. Therefore, the drafting committee should consider a flexible approach to allow for necessary adjustments,” suggested Deputy Duong Tan Quan.
He also proposed that the Law Draft should include specific penalties, such as public announcements or heavy fines, for organizations or individuals who do not comply with the regulations or repeatedly violate them.
Also addressing the issue of advertising for special products, goods, and services (such as milk and food supplements for children under 24 months old), Deputy Nguyen Thi Thu Thuy from Binh Dinh province, suggested including regulations on advertising special products for children, especially breast milk substitutes from birth, as these products are very difficult to control.
On this matter, Deputy Tran Thi Thanh Huong from An Giang province, proposed that the drafting committee continue to review and supplement the regulations regarding requirements for advertising content of special products, goods, and services such as alcohol, beer; nutritional products; toxic and hazardous chemicals, pesticides…, ensuring consistency with specialized Laws (such as the Law on Food Safety, the Law on Pharmaceuticals, the Law on Examination and Treatment…)
In the event of cases where other special products, goods, or services arise in reality, the responsibility should be handed over to the Government to regulate, ensuring flexibility in management.
Contributing to the discussion, Deputy Nguyen Minh Tam from Quang Binh province, shared the opinion that special products, goods, and services are technical and specialized, directly affecting human health, and are subject to periodic changes. Moreover, these products fall under various fields.
According to the deputy, the advertising of these products is already regulated by specialized Laws. Therefore, for flexibility in management and implementation, he suggested that for contents already clearly defined in specialized Laws, there is no need to redefine them in the Law Draft, but rather to refer to those Laws. Concurrently, the responsibility for regulating the requirements for advertising content of other special products, goods, or services that may arise in reality should be assigned to the Government.
Sharing the same viewpoint, Deputy Pham Van Hoa from Dong Thap province, proposed that if there are any issues or the need to include additional types of advertised goods during the implementation process, the Government should be assigned to elaborate on these contents in detail.
CLEARLY DEFINING THE RESPONSIBILITIES OF ADVERTISEMENT TRANSPORTERS
During the discussion, many deputies also proposed reviewing the content regarding advertisement transporters.
Deputy Tran Thi Thu Hang from Dak Nong province, stated that Clause 8, Article 2 of the Law Draft defines: “Advertisement transporter is a person who directly advertises products, goods, and services through their activities on social networks, in advertising products, or through wearing, hanging, attaching, pasting, drawing, or similar forms.”
Regarding this content, the deputy suggested reviewing, adjusting, and supplementing the concept of “advertisement transporter” as the current definition is narrow and incomplete. In reality, advertising has two prominent trends: television advertising and internet advertising.
Additionally, she proposed reviewing the title of Article 15a, “Rights and Obligations of Advertisement Transporters,” as the contents of Article 15a only mention the obligations of advertisement transporters without addressing their rights.
Furthermore, she proposed that the drafting agency should consider adding some legitimate rights and interests of advertisement transporters, such as the right to be provided with complete information about the advertised product by the business or manufacturer…
Clause 2, Article 15a stipulates that advertisement transporters: “shall be jointly liable in case the content of the advertisement does not meet the requirements prescribed by this Law.”
Regarding this clause, the deputy proposed that the drafting agency reconsider its rationality and feasibility. She explained that advertisement transporters are hired with regular daily wages to wear promotional clothing and participate in parades to attract attention and promote the product of the manufacturer or trader. These individuals may not have the expertise or qualifications to inspect the advertised product.
Deputy Sung A Leng from Lao Cai province shared the suggestion to reconsider the rights and obligations of advertisement transporters.
Deputy Sung A Leng agreed with the proposal to specifically define the rights, obligations, and responsibilities of advertisement transporters. However, he requested clarification on certain contents, such as the method of posting opinions and experiences. Currently, there are numerous ways to post, such as video clips, online platforms, or social media networks. The transporter may post a video clip or article on their social media page or comment on the pages of others.
Additionally, he requested clarification on the mechanism to confirm that the transporter has directly used the advertised product and the penalties for cases where the transporter is found to have not used the product or where the results do not match the advertised claims.
In his explanation at the end of the session, Minister of Culture, Sports and Tourism Nguyen Van Hung, stated that compared to the current Law on Advertising, the Law Draft has many new points, especially regarding advertising in cyberspace. However, the Minister acknowledged that it is challenging to anticipate how this form of advertising will develop in the context of rapidly advancing science and technology.
The Minister affirmed that protecting consumer rights is a significant concern, but it must also meet the requirements of integration… Therefore, the Ministry will coordinate with the Standing Committee to continue improving and ensuring the quality of the Law Draft.
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According to the National Assembly Delegate, certain goods, products, and services have a direct impact on human health and therefore, require stringent regulation when it comes to their advertising content.
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