Commercial advertising is an important activity for traders to bring information about their products and services closer to consumers everywhere. So when traders want to carry out advertising activities for their products and services, what legal regulations should they pay attention? Join Lawyer X to find out through the following situation: “Hello, lawyer! My family has an heirloom soy sauce production facility and is also quite well known locally. However, this product of my family is preferred mainly due to its very good quality. My family has never advertised it in newspapers, online or made advertising clips like on television. Now I want to expand our family’s business and promote products nationwide. Can lawyer advise me on legal considerations when I want to advertise my family’s soy sauce product in Viet Nam? What are notes when conducting commercial advertising activities in Viet Nam? Thank you, lawyer! “
Legal grounds
Viet Nam’s Commercial law
What is commercial advertising?
Commercial promotion means activities of promoting and seeking opportunities for the purchase or sale of goods and provision of services, including sale promotion, commercial advertisement, display and exhibition of goods and services, and trade fairs and exhibitions.
Commercial advertising means commercial promotion activities of traders aimed at introducing to customers their goods and service business activities
Provision of commercial advertising services means commercial activities of traders aimed at conducting commercial advertisement for other traders.
Vietnamese traders, branches of Vietnamese traders and branches of foreign traders licensed to conduct commercial activities in Vietnam shall have the right to advertise their goods and/or service business activities or to hire traders providing advertising services to do so for them. Representative offices of traders must not directly conduct commercial advertising activities. When being authorized by traders, representative offices may sign contracts with traders providing commercial advertising services to advertise for the traders they are representing. Foreign traders who wish to commercially advertise their goods and/or service business activities in Vietnam shall have to hire Vietnamese traders engaged in business of providing commercial advertising services to do so.
Notes when conducting commercial advertising
Commercial advertising products
Commercial advertising products consist of information in images, actions, sounds, voices, scripts, symbols, colors and lights containing commercial advertising details.
Use of means of commercial advertising
Means of commercial advertising are instruments used for introducing commercial advertising products. Means of commercial advertising include:
– The mass media;
– Means of communications;
– Publications of all kinds;
– All kinds of boards, signs, banners, panels, posters, fixed objects or means of transportation and other movable objects;
– Other means of commercial advertising.
The use of means of commercial advertising specified in Article 106 of Law on Enterprises must comply with the regulations of the competent state management body. The use of means of commercial advertising must satisfy the following requirements:
– Being in compliance with the provisions of law on press, publishing, information, programs on cultural or sport activities, trade fairs and exhibitions;
– Being in compliance with the regulations on locations of advertisement, causing no adverse impact on the landscape, environment, traffic order and safety, and social safety;
– Being in accordance with the intensity, time volume and timing prescribed for each type of mass media.
Protection of intellectual property rights over commercial advertising products
Traders shall have the right to register for protection of their intellectual property rights over commercial advertising products according to the provisions of law.
Prohibited commercial advertisements
– Advertisements which reveal state secrets, are detrimental to the national independence, sovereignty and security, and social order and safety.
– Advertisements that use advertising products or means of advertisement which are contrary to the historic, cultural and ethical traditions and the fine customs and practices of Vietnam and in contravention of law.
– Advertisements for goods and services which are banned or restricted from business or banned from advertisement by the State.
– Advertisements for cigarette and alcohol with an alcoholic volume of 30o or higher and products and goods not yet permitted for circulation or services not yet permitted for provision in the Vietnamese market at the time of advertising.
– Commercial advertisements which can be taken advantage of to cause harms to interests of the State, organizations and/or individuals.
– Advertisements using the method of comparing a trader’s goods and service production and business activities with goods and service production and business activities of the same kind of other traders.
-Advertisements containing untruthful information on any of the following contents: quantity, quality, price, utility, design, origin, category, packing, service mode and warranty duration of goods or services.
– Advertisements for a trader’s business activities by using advertising products which infringe upon intellectual property rights; using images of other organizations or individuals for advertising purpose without the consent of such organizations or individuals.
– Advertisements for the purpose of unfair competition according to the provisions of law.
Rights of commercial advertising hirers
Unless otherwise agreed, commercial advertising hirers shall have the following rights:
– To select commercial advertising distributors, forms, contents, means, scope and duration;
– To inspect and supervise the performance of commercial advertising service contracts.
Obligations of commercial advertising hirers
Unless otherwise agreed, commercial advertising hirers shall have the following obligations:
– To supply commercial advertising service providers with truthful and accurate information on goods and commercial service business activities, and to be responsible for such information;
– To pay commercial advertising service charges and other reasonable costs.
Rights of commercial advertising service providers
Unless otherwise agreed, commercial advertising service providers shall have the following rights:
– To request commercial advertising hirers to supply truthful and accurate information according to agreements in contracts;
-To receive commercial advertising service charges and other reasonable costs
Obligations of commercial advertising service providers Unless otherwise agreed, commercial advertising service providers shall have the following obligations:
– To comply with service hirers’ choice of commercial advertising distributors, forms, contents, means, scope and duration;
– To organize truthful and accurate advertisement for goods or commercial service business activities according to information supplied by advertising hirers;
– To perform other obligations agreed upon in commercial advertising service contracts.
Commercial advertising distributors
Commercial advertising distributors are persons who directly distribute commercial advertising products. Obligations of commercial advertising distributors
Commercial advertising distributors shall have the following obligations:
– To comply with the provisions of Article 107 of Law on Enterprises on the use of means of commercial advertising; – To perform advertising distribution contracts already entered into with advertising distribution hirers;
– To perform other obligations provided for by law.
Services of Lawyer X
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all personal information of clients Lawyer X will be 100% confidential.
If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Frequently asked questions
Commercial promotion includes sale promotion, commercial advertisement, display and exhibition of goods and services, and trade fairs and exhibitions.
Vietnamese traders, branches of Vietnamese traders and branches of foreign traders licensed to conduct commercial activities in Vietnam shall have the right to advertise their goods and/or service business activities or to hire traders providing advertising services to do so for them
Means of commercial advertising are instruments used for introducing commercial advertising products. Means of commercial advertising include:
– The mass media;
– Means of communications;
– Publications of all kinds;
– All kinds of boards, signs, banners, panels, posters, fixed objects or means of transportation and other movable objects;
– Other means of commercial advertising.
Conclusion: So the above is Notes when conducting commercial advertising activities in Viet Nam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
