On the afternoon of November 25th, the National Assembly continued its 8th session by discussing the draft Law on Amending and Supplementing a Number of Articles of the Law on Advertising.
STRICT MANAGEMENT WITH FLEXIBILITY IN IMPLEMENTATION
Deputy Duong Tan Quan from Ba Ria-Vung Tau province expressed his agreement with the need for strict management of advertising content for special products, goods, and services, such as cosmetics, functional foods, chemicals, and pesticides.
However, he suggested that the draft law should carefully consider listing all the special products as they 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 making regulations that can be adjusted when necessary,” said Deputy Duong Tan Quan.
He also proposed that the draft law 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.
Deputy Nguyen Thi Thu Thuy from Binh Dinh province also addressed the issue of advertising special products, goods, and services (such as milk and food supplements for children under 24 months old). She suggested including regulations on advertising special products for children, especially breast milk substitutes from birth, as these products are challenging to control.
On this matter, Deputy Tran Thi Thanh Huong from An Giang province recommended that the drafting committee review and supplement the regulations on requirements for advertising content of special products, goods, and services, such as alcohol, beer, nutritional products, toxic chemicals, pesticides, etc. She emphasized ensuring alignment with specialized laws (such as the Law on Food Safety, the Law on Pharmaceuticals, the Law on Examination and Treatment, etc.)
When there are cases of other special products, goods, or services arising in reality, the responsibility for regulating them should be assigned to the government to ensure flexibility in management.
Deputy Nguyen Minh Tam from Quang Binh province shared a similar sentiment, stating that special products and services are technical and specialized, directly impacting human health, and subject to periodic changes. Moreover, these products fall under various fields.
Since the advertising of these products is already regulated by specialized laws, he suggested that for flexibility in management and implementation, the draft law should only refer to the existing regulations without restating them. He also proposed that the government be assigned to regulate the advertising content of other special products, goods, or services that may arise in reality.
Sharing the same viewpoint, Deputy Pham Van Hoa from Dong Thap province suggested that if there are any issues or the need to regulate additional types of product advertising during the implementation process, the government should be authorized to specify and detail these contents.
CLEARLY DEFINING THE RESPONSIBILITIES OF ADVERTISEMENT TRANSMITTERS
Many deputies also proposed reviewing the content regarding advertisement transmitters during the discussion.
Deputy Tran Thi Thu Hang from Dak Nong province quoted Clause 8, Article 2 of the draft law, which defines an advertisement transmitter as “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, she suggested reviewing and adjusting the concept of “advertisement transmitter” and supplementing the scope as the current definition is narrow and incomplete. In reality, advertising has two prominent trends: television advertising and internet advertising.
She also proposed reviewing the title of Article 15a, “Rights and Obligations of Advertisement Transmitters,” as the content of this article only mentions the obligations without addressing the rights of advertisement transmitters.
Additionally, she recommended that the drafting agency consider adding some legitimate rights and interests of advertisement transmitters, such as the right to be provided with complete information about the advertised product by the hiring enterprise or manufacturer.
Clause 2, Article 15a states that advertisement transmitters “shall be jointly liable in case the advertising content does not meet the requirements prescribed by this Law.”
Deputy Tran Thi Thu Hang questioned the reasonableness and feasibility of this regulation. She explained that advertisement transmitters are hired with regular daily wages to wear promotional clothing and participate in parades to attract attention and promote the manufacturer’s or trader’s products. These individuals may not have the expertise or qualifications to verify the advertised product.
Deputy Sung A Leng from Lao Cai province shared the proposal to carefully consider the rights and obligations of advertisement transmitters. He agreed with the proposal to specifically define the rights, obligations, and responsibilities of advertisement transmitters. However, he suggested clarifying certain aspects, such as the method of posting opinions and feedback.
Currently, there are various forms of posting, such as video clips, online platforms, or social media networks. Advertisement transmitters may post video clips or articles on their social media pages, or they may comment on the pages of others. Therefore, it is necessary to clarify the mechanism for confirming that the transmitter has directly used the advertised product.
Additionally, there should be a clear framework for penalizing cases where the advertisement transmitter has not directly used the advertised product or where the results do not align with the advertised claims.
In his explanation at the end of the session, Minister of Culture, Sports, and Tourism Nguyen Van Hung acknowledged that compared to the current Law on Advertising, the draft law has many new points, especially regarding advertising in cyberspace. However, he admitted 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 consumers’ 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 draft law.
