On 19 August 2020, the Ministry of Information and Communications (the “MIC”) released the first version of the draft decree amending Decree No. 181/2013/ND-CP (“Decree No. 181”) dated 14 November 2013 of the Government guiding the implementation of the Law on Advertising (“Draft Decree”). This Draft Decree targets cross-border advertising activities on the internet such as websites, social networks and applications having users in Vietnam.
According to the MIC, the Draft Decree is intended to address the implementation issues under Decree No. 181, namely: inefficient provisions on cross-border advertising, the overlapping authorities to oversee the implementation of Decree No. 181, and the lack of stringent provisions on taxes, content and other obligations of the offshore advertising service providers and offshore platform owners (“Offshore Entities”) and onshore advertising service providers under Vietnamese laws.
As set out under the MIC’s proposal, the Draft Decree seeks to better clarify such overlap and address the said obligations to ensure Offshore Entities’ compliance with Vietnamese laws and regulations on advertising.
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