According to the Ministry of Culture, Sports and Tourism (MOCST), advertising is growing strongly, leading to many people taking advantage of the popularity and common use of advertising media, especially social networks, and influential advertising product carriers to spread false advertising content, affecting consumers.

Advertising content is increasingly diverse, especially advertising through influencers (Influencer advertising or Influencer marketing) has a great impact on society.

Recently, many social media users (especially famous artists) have appeared introducing, soliciting, and advertising products, goods, and services that do not guarantee quality, making consumers angry.

The draft clearly states that the current Advertising Law does not regulate the rights and obligations of those who convey advertising products, but mainly focuses on the responsibilities of organizations and individuals trading in goods and services.

Therefore, there are no sanctions or constraints on the person who transmits the advertising product in case the advertising content is not true or requires the person who transmits the advertising product to be the person who has researched and used that product and is responsible for the content he/she provides.

According to the draft Law amending and supplementing a number of articles of the Advertising Law that is being consulted, the Ministry of Culture, Sports and Tourism proposes to add regulations on the activities of influential advertising product transmitters.

Specifically, add Clause 2a after Clause 2, Article 36 as follows: The person who transmits influential advertising products is an influencer as prescribed in the Law on Consumer Protection or those who own social network accounts on cross-border platforms with 500,000 or more followers and subscribers.

The activities of influential advertising product carriers must comply with legal regulations on advertising and regulations on the features and quality of goods and services.

Advertisers must have a written contract with the organization or individual that owns the product, goods or service and must have that organization or individual agree and confirm the advertising content before implementation.

When posting opinions and feelings about using goods and services on social networks, advertisers must have specific evidence of direct use of the product.

The draft revised Law on Advertising also points out that advertising integrated into feature films is becoming increasingly popular and is very effective in influencing awareness and choice of use of products, goods and services.

However, in Vietnam, more and more films are applying this advertising method, while there are no regulations in the Advertising Law, setting out management requirements on content and conditions when advertising special products, goods, and services such as medicine, functional foods, cosmetics, medical examination and treatment services, etc.