DECREE

Amendments and Supplements to SOME Articles of DECREE NO. 181/2013/ND-CP OF NOVEMBER 14, 11 BY THE GOVERNMENT DETAILS IMPLEMENTING SOME Articles of the Law on Advertising

Pursuant to the June 19, 6 Law on Government Organization; The Law amending and supplementing a number of articles of the Law on Government Organization and the Law on Organization of Local Government dated November 2015, 22;

Pursuant to the June 21, 6 Law on Advertising;

Pursuant to the June 12, 6 Law on Cybersecurity;

At the proposal of the Minister of Information and Communications;

The Government promulgates a Decree amending and supplementing a number of articles of Decree No. 181/2013/ND-CP dated November 14, 11 of the Government detailing the implementation of a number of articles of the Law on Advertising.

Article 1. Amending and supplementing a number of articles of the Government's Decree No. 181/2013/ND-CP dated November 14, 11 detailing the implementation of a number of articles of the Law on Advertising

1. To amend and supplement Article 13 as follows:

“Article 13. Provision of cross-border advertising services in Vietnam

1. The provision of cross-border advertising services in Vietnam is the use of advertising services by foreign organizations and individuals from an external system of service provision equipment. Vietnamese territory, for users in Vietnam, generating revenue in Vietnam.

2. The cross-border advertising service business website in this Decree is an information system that uses one or more websites in the form of signs, numbers, letters, images, and sounds. and other forms of information in order to provide network users with services of storing, providing, using, searching, exchanging information, sharing sounds and images, creating forums, playing games. chat (chat) online to provide advertising services.

3. Advertising service dealers, advertising publishers and domestic and foreign advertisers participating in the provision of cross-border advertising services in Vietnam must comply with the provisions of law. Vietnam on advertising, regulations on network security and regulations on management, provision and use of Internet services and online information; must pay tax in accordance with tax laws.

4. Foreign organizations and individuals providing cross-border advertising services in Vietnam shall comply with the rights and obligations specified in Article 13 of the Law on Advertising and the following provisions:

a) Notify contact information to the Ministry of Information and Communications with the following contents:

Name of organization, transaction name, address of head office where advertising service provision activities are registered; the location of the main server system providing the service and the server system located in Vietnam (if any);

Contact point: name of representative organization or individual in Vietnam (if any), email address, contact phone;

Form and time of notification: 15 days before starting the business of cross-border advertising services in Vietnam, foreign organizations and individuals send notices directly, or by post, or by other means of communication. electronic media to the Ministry of Information and Communications (Department of Radio, Television and Electronic Information);

When receiving the notice, the receiving agency shall send a written confirmation or via electronic means to the organization or enterprise within 07 working days from the date of receipt of the notice;

b) Do not place advertising products in content that violates the law specified in Clause 1, Article 8 of the Law on Cybersecurity, Article 28 of the Law on Intellectual Property;

c) Prevent and remove illegal information at the request of the Ministry of Information and Communications and competent authorities as prescribed in Article 14 of this Decree; provide information on organizations and individuals involved in cross-border advertising activities showing signs of law violation to competent authorities upon request.

5. Advertisers and advertisers when entering into contracts with advertising service providers (including domestic and foreign organizations and individuals providing cross-border advertising services) have rights and obligations:

a) Request advertising service providers not to place advertising products on content that violates the law specified in Clause 1, Article 8 of the Law on Cybersecurity, Article 28 of the Law on Intellectual Property;

b) Request 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 system. Service Provider.

6. Advertising service providers, advertisement publishers, and advertisers who fail to cooperate in publishing advertising products with websites that have been notified of violations of public law by competent authorities by competent authorities. declared on the portal of the Ministry of Information and Communications.”

2. To amend and supplement Article 14 as follows:

“Article 14. Management responsibilities for the provision of cross-border advertising services

1. Ministries, sectors and localities are responsible for detecting and identifying illegal cross-border advertisements according to their assigned competence in the legal provisions on management and sanctioning of administrative violations in the field of law. advertising field.

The Ministry of Information and Communications is the agency that receives notifications on illegal cross-border advertising from ministries, branches and localities and is the contact point, sending requests to handle illegal advertising. for foreign organizations and individuals providing cross-border advertising services.

2. After receiving evidences of illegal cross-border advertising, within 05 days, the Ministry of Information and Communications is responsible for reviewing and examining the infringing content and sending a written request for handling. copies or via electronic means for foreign organizations and individuals providing cross-border advertising services. Information about infringing advertisements that have been sent to foreign organizations and individuals providing cross-border advertising services for processing will be publicly announced on the portal of the Ministry of Information and Communications. .

After receiving a request from the Ministry of Information and Communications, within 24 hours, foreign organizations and individuals trading in cross-border advertising services shall handle infringing advertisements upon request.

After the above time limit, if foreign organizations and individuals fail to handle infringing advertisements as required without a valid reason, the Ministry of Information and Communications will take measures to prevent infringing advertisements. law.

In case it is detected that cross-border advertising violates the law affecting Vietnam's national security, competent Vietnamese authorities shall immediately take measures to prevent illegal advertising.

Preventive measures can only be removed after the infringing advertisements have been handled by foreign organizations and individuals at the request of the Ministry of Information and Communications.

3. To amend and supplement Article 15 as follows:

“Article 15. Periodic reports

1. Domestic advertising service providers that cooperate with foreign organizations and individuals providing cross-border advertising services in Vietnam shall make annual reports (before December 31st). or make an ad-hoc report upon request on the provision of cross-border advertising services in Vietnam to the Ministry of Information and Communications (Department of Radio, Television and Electronic Information) according to Form No. 12 issued attached to this Decree.

Reports can be sent in one of the following ways: sending reports in person, by post or by electronic means.

2. The Departments of Information and Communications shall make annual reports (before December 31st) or ad-hoc reports when required according to their assigned functions and tasks on management of provisioning activities. cross-border advertising services in Vietnam for the Ministry of Information and Communications (Department of Radio, Television and Electronic Information).

Article 2. Terms enforcement

1. This Decree takes effect from September 15, 9.

2. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People's Committees at all levels and the concerned organizations and individuals are responsible for the implementation of this Decree.

APPENDIX

(Attached to the Decree No. XNXX / 70 / ND-CP dated 2021 month 20X year 7 of the Government)

Sample number 01

REPORT ON COOPERATION IN BUSINESS OF TRANSBORDER ADVERTISING SERVICES IN VIETNAM

Dear: ……………………..

Information about the business

1. Name of organization or enterprise:

2. Enterprise code:

3. Head office address, phone number, email address:

4. List of foreign organizations and individuals with cross-border advertising cooperation in Vietnam:

5. Revenue from cross-border cooperation in advertising in Vietnam (from January 01 to the reporting time):

6. Problems arising (if any):

7. Proposals and proposals (if any):