Attorney Nguyen Quoc Cuong of Infinity Vietnam law firm told VietnamNet that the act of false advertising online can constitute many types of violations listed in a number of legal documents.
These may include violations of prohibitions on certain advertising activities under Article 8 of the Advertising Act 2012 and prohibitions on acts related to unhealthy competition under Article 45 of the Competition Act 2018.
In addition, depending on the seriousness of the offence, violators may be prosecuted for offenses such as “false advertising” under Article 197 of the Criminal Code 2015, “deceiving customers” under Article 198 of the Criminal Code 2015, and “illegal giving or use of information on computer networks and telecommunications networks” pursuant to Article 288 of the Code.
The violations are defined as either administrative or criminal offenses depending on the seriousness and characteristics of the act.
In the case of administrative violations, Article 34 of Decree 38 stipulates that the prohibited acts such as false advertising, causing misunderstanding about the legal capacity or product delivery capacity of institutions and individuals, shall be fined from 60 to 80 million VND.
In the case of criminal prosecution, false advertisers can be punished with up to 3 years in prison. They can also be fined from 5 to 50 million VND and banned from holding or holding certain jobs for 1 to 5 years under the 2015 Criminal Code.
According to Cuong, some celebrities and artists post promotional content in sophisticated forms, such as B. Sharing personal experiences, know-how and knowledge.
Appropriate bodies may have difficulty demonstrating that the information provided to the public is in fact advertising.
Hong Quang Minh, a media expert, said Vietnamese artists are prone to being embroiled in false publicity scandals.
Some brands don’t provide enough information about products and services to be promoted.
In the meantime, many artists lack the skills or take on jobs without thinking. They only accept the jobs because of the attractive remuneration.
“Most artists do not have staff responsible for checking the terms of cooperation and product quality. They simply do this by feel or experience. They promote products because some friends and colleagues used to do it,” Minh said.
When violations are discovered, many foreign artists are always quick to make announcements about their responsibilities and the relationships of their names and products, which is rare in Vietnam. However, now is the time for Vietnamese artists to start hiring professionals to be in charge of promotion.
Gia Bao
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