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Create a unified and synchronous legal corridor to manage advertising activities.

Báo Tài nguyên Môi trườngBáo Tài nguyên Môi trường08/11/2024

(TN&MT) - On the morning of November 8, continuing the 8th Session Program, at the National Assembly House, under the direction of Vice Chairwoman of the National Assembly Nguyen Thi Thanh, the National Assembly listened to the Presentation and Verification Report on the Law amending and supplementing a number of articles of the Law on Advertising.


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Overview of the Session

Creating a unified and synchronous legal corridor for advertising activities

Presenting the Report to the National Assembly, Minister of Culture, Sports and Tourism Nguyen Van Hung said that the development of the Draft Law amending and supplementing a number of articles of the Law on Advertising aims to promptly institutionalize the Party's guidelines and policies, the State's policies on cultural development; promote the role of central and local state management agencies on advertising in implementing policies and laws on advertising activities. At the same time, create a complete, synchronous and unified legal corridor to manage advertising activities, support and promote the development of advertising service businesses; ensure conformity, synchronization and non-overlapping with other relevant legal systems; enhance the responsibility and capacity of entities participating in advertising activities, and the capacity of advertising business enterprises.

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Minister of Culture, Sports and Tourism Nguyen Van Hung

The draft Law consists of 03 articles, regulating advertising activities; rights and obligations of organizations and individuals participating in advertising activities; state management of advertising activities. This draft Law amends and supplements a number of regulations on management of advertising content and conditions; management of advertising activities on the network environment, cross-border advertising services and advertising in the press; outdoor advertising activities.

Regarding the basic content, Minister of Culture, Sports and Tourism Nguyen Van Hung said that the draft Law closely followed the purpose, guiding viewpoints and specified the content of the 03 Policies in the Proposal for Law development that was approved by amending and supplementing the provisions of the 2012 Law on Advertising.

Presenting the content of the review, Chairman of the Committee on Culture and Education Nguyen Dac Vinh said that the Committee on Culture and Education agreed with the necessity of amending and supplementing a number of articles of the 2012 Law on Advertising; basically agreed with the scope of amending and supplementing the Law; at the same time, it believed that the draft Law dossier ensured the time limit requirements; the documents in the draft Law dossier were basically in accordance with the regulations.

Specify rights, obligations and responsibilities in advertising activities

Regarding the responsibility for state management of advertising activities, Chairman of the Committee for Culture and Education Nguyen Dac Vinh said that the Committee for Culture and Education agreed with the division and clarification of the tasks and powers of state management of ministries, agencies and localities regarding advertising activities. At the same time, it was proposed to clarify the main responsible entity for state management of advertising for the Ministry of Culture, Sports and Tourism; and to study and supplement regulations on the responsibilities of the Ministry of Industry and Trade and the Ministry of Public Security.

Regarding the rights and obligations of the person transmitting advertising products, the Committee for Culture and Education agrees with the policy of having specific and clear regulations on the rights, obligations and responsibilities of the person transmitting advertising products, including the person transmitting advertising products who is an influential person.

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Chairman of the Committee on Culture and Education Nguyen Dac Vinh

Regarding specific regulations, the Committee for Culture and Education recommends that it is necessary to continue reviewing and providing specific guidance on the methods and forms of prior notification to consumers about influencers conducting advertising activities; at the same time, specifically defining the positions, roles, and responsibilities of organizations and individuals in online advertising activities, on that basis, having appropriate regulations for those who deliver advertising products, especially online influencers. Along with that, continue reviewing to ensure consistency with the Law on Consumer Protection 2023.

Ensure coverage of all online advertising activities

The Committee on Culture and Education also agreed with the addition of specific regulations on online advertising. However, Chairman of the Committee on Culture and Education Nguyen Dac Vinh said that the addition of regulations on online advertising needs to be compared and reviewed with specialized laws, ensuring the consistency of the legal system, ensuring coverage of all subjects of online advertising activities.

In addition, the Committee for Culture and Education agreed to amend the waiting time to turn off or on online advertising to suit the reality as well as the development trend of advertising in the world. However, the adjustment of 4 times, from 1.5 seconds to 06 seconds, needs to be assessed for impact and explained carefully to ensure objectivity and persuasion.

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Delegates at the Session

In addition, the draft law does not yet regulate advertisements containing links to personal information pages, applications on mobile devices, and other electronic devices. Therefore, Chairman of the Committee for Culture and Education Nguyen Dac Vinh suggested that appropriate regulations be studied.

Regarding the issuance of construction permits for advertising works, Chairman of the Committee for Culture and Education Nguyen Dac Vinh requested the drafting agency to clarify the basis and impact of changing the licensing regulations from over 20m2 to 40m2; study and supplement the licensing regulations for some new types of advertising (such as 3D advertising associated with existing construction works). At the same time, continue to review and compare with the Construction Law and the Road Law to limit contradictions and overlaps, and simplify administrative procedures./.



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