Decree 70 to Impact Cross-Border Advertising Services in Vietnam

On July 21, 2021, Vietnam’s authorities issued Decree No. 70/2021/ND-CP (Decree 70), which stipulates that promoting service suppliers partaking in cross-border promoting companies should abide by rules on cybersecurity, and rules on administration, provision, and use of web companies, in addition to pay tax.

Decree 70 amends and dietary supplements a number of articles from Decree No. 181/2013/ND-CP dated November 11, 2013, on the Regulation on Promoting. Taking impact from September 15, 2021, Decree 70 was created to tighten the actions of the promoting items of multinationals, reminiscent of YouTube, Google, and Fb.

Definition of cross-border promoting companies

Probably the most vital revision issued by Decree 70 is to Article 13, which offers the definition and different obligations on cross-border promoting companies suppliers (CASP).

Article 13 redefines cross-border commercial companies because the utilization of digital data websites by international organizations and people to supply promoting companies from web sites hosted outdoors of Vietnam, for Vietnamese customers, and having revenues generated in Vietnam.

Such web sites are outlined as ‘single or multi-website methods’ offering customers with features enabling stay chat, discussion board creation, trade of knowledge, sound, or picture sharing – to provide promoting companies.

What are the duties and obligations of cross-border promoting companies suppliers?

Underneath Article 13, CASP entities should adjust to Vietnam’s mental property and cybersecurity legal guidelines. These entities should inform the Ministry of Info and Communications (MIC) of their contact data no less than 15 days earlier than beginning their operations.

Beforehand, cross-border promoting companies had been beneath the Ministry of Tradition, Sports activities, and Tourism supervision. Underneath Decree 70, the MIC now has the consolidated supervisory authority.

This consists of particulars on the placement of the group, their buying and selling names, head places of work, in addition to the placement of the first server or any servers/methods situated in Vietnam (if any). CASP entities should additionally submit an annual report back to the MIC and submit ad-hoc studies to MIC on the ministry’s request.

It’s the duty of the CASP entity to make sure their ads comply with the Regulation on Promoting, and the entity should apply measures to regulate and take away adverts that violate Vietnamese legal guidelines. Commercial companies suppliers should additionally not cooperate with web sites which were publicly introduced to have violated these legal guidelines.

Furthermore, CASP entities are obligated to take down content material upon a request of the MIC along with offering data on any organizations or people concerned in unlawful cross-border promoting as decided by the MIC. The MIC will conduct the mandatory investigation of violations inside a five-day window interval and notify companies suppliers of the unlawful commercial content material or actions.

The service suppliers are then given a 24-hour interval to handle the problem, after which the MIC will take any authorized measure to have the commercial blocked. This authority may be prolonged to different authorities businesses if the offense is deemed a risk to nationwide safety. CASP entities are additionally required to help and supply options to Vietnamese commercial suppliers on making certain their ads adjust to the related legal guidelines.