Delegate Dang Thi Bao Trinh said that advertising is identified as one of the 12 cultural industries of our country, so advertising activities are always interested and focused by the Party and State, creating favorable conditions for synchronous development in the process of building the cultural industry to create soft power from culture.

Delegates agreed with the necessity of promulgating the Law amending and supplementing a number of articles of the Law on Advertising to promptly institutionalize the Party's guidelines and policies and the State's policies on cultural development; and to enhance the responsibility and capacity of entities participating in advertising activities.

Through studying the draft law, delegates basically agreed with the contents of the proposed amendments and supplements to the Advertising Law this time. In addition, delegates requested the Drafting Committee to promptly consider and amend and supplement a number of articles of the Advertising Law that the draft law has not mentioned in order to promptly overcome shortcomings in state management practices in recent times.

Specifically, it is proposed to add a clause to Article 15 regulating the rights and obligations of the person transmitting advertising products stating that "When advertising on social networks along with other activities, they must provide signs or use features provided by social networks to distinguish advertising content from content, information shared and posted normally".

At the same time, add a clause to Article 23 regulating online advertising: "Social network users must make a statement or use features provided by the social network to distinguish content and information shared and posted normally from content and information with advertising purposes or sponsored."

According to delegate Dang Thi Bao Trinh, the above regulations on the rights and obligations of the person who transmits advertising products and regulations on online advertising have relatively overlapping content. Therefore, it is proposed to review and adjust the content in these clauses in the direction of removing or referring to the application and implementation. At the same time, it is proposed to unify regulations on "self-providing signs" or "making statements" for advertising on social networks to facilitate the implementation process.

Regarding the rights and obligations of the person transmitting the advertising product, Clause 5, Article 15a states: "When posting opinions and feelings about the results of using cosmetics, health protection foods, and dietary supplements on social networks, the person must be the person who directly used the product".

However, for products such as cosmetics, health foods, and supplements, users must use them for a certain period of time before they can give their opinions and feelings about the product results in a realistic and objective manner.

Therefore, only stipulating that “the person posting opinions and feelings about the product results is the person who directly used the product” without specifying the time of direct use to have opinions and feelings about the product results will lead to difficulties in determining and applying the law according to the spirit of the law in practice. The delegate suggested reviewing the content of this regulation.

Clause 4, Article 23, amended, stipulates the rights of advertisers, advertising product carriers, and advertising publishers when entering into contracts with organizations and individuals providing cross-border advertising services or organizations and individuals doing business in advertising services: “Require advertising service providers to have technical solutions so that advertising publishers and advertisers in Vietnam can control and remove advertising products that violate Vietnamese law on the service provision system”.

Thus, the title of Clause 4 states the rights of 3 entities including: advertisers, advertising product carriers, and advertising distributors. However, the above provisions only stipulate the rights of 2 entities: advertising distributors and advertisers, but do not include the third entity, advertising product carriers. It is recommended that this provision be considered for amendment and supplementation.

Regarding the process of preventing and removing illegal online advertising for online advertising activities of domestic organizations and individuals, Clause 6, Article 23 stipulates: “Within 24 hours of receiving the request, organizations and individuals providing advertising services are obliged to handle illegal advertising as requested. After the prescribed time limit, if foreign organizations and individuals do not handle illegal advertising as requested without a valid reason, the Ministry of Information and Communications will implement measures to prevent illegal advertising.”

The delegate said that the title at Point a, Clause 6 regulates domestic organizations and individuals, but the content shows regulations governing foreign organizations and individuals. It is recommended that this content be reviewed and adjusted accordingly.

Clause 6, Article 23 stipulates that “For online advertising activities provided by foreign organizations and individuals across borders into Vietnam, the Ministry of Information and Communications is the agency that receives notices of illegal advertising from ministries, branches, and localities and is the contact point, sending requests to handle illegal advertising to foreign organizations and individuals”. Delegates said that the new law only stipulates that the Ministry of Information and Communications is the agency that receives notices of illegal advertising from ministries, branches, and localities, but does not stipulate the agency responsible for determining illegal advertising as prescribed for domestic individuals and organizations.

In addition, at Clause 6, Article 23 of the amendment, there is no specific regulation on the time limit for handling violating advertisements similar to that for domestic individuals and organizations.

Therefore, delegates proposed specific regulations on the agency responsible for determining illegal advertisements and the time limit for handling illegal advertisements upon request to ensure effectiveness and efficiency in state management as well as convenience in the implementation process.