Advertising is a means of introducing to the public products, goods, and services. However, not any goods or services are allowed to be advertised.
There are 08 groups of products, goods, and services banned from advertising according to the provisions of Article 7 of the Law on Advertising 2012, including:
- Goods and services that are banned from trading as prescribed by law;
- Pornographic products;
- Shotguns and cartridges, sports weapons, and products that might incite violence;
- Liquor that contains 150 alcohol or above;
- Products being breast milk substitutes for children under 24 months old, complementary foods for children under 06 months old; feeding bottles, and artificial pacifiers;
- Prescription drugs, non-prescription drugs recommended by competent authority to restrain from using or using under the doctor’s supervision;
- Other products, goods, and services banned from advertising specified by the Government depending on the actual requirements;
How much is the fine for advertising banned goods and services?
Individuals and organizations that advertise for banned goods and services shall be liable for administrative penalty according to Articles 50 and 51 of Decree 158/2013/ND-CP dated November 12, 2013 of the Government on sanctioning administrative violations pertaining to culture, sports, tourism, and advertising:
Article 50. Violations against regulations on advertising goods and services banned from advertising
1. Fine ranging from VND40,000,000 to VND50,000,000 shall be imposed for one of the following violations:
a) Advertising cigarettes;
b) Advertising liquor containing 15% alcohol by volume and above;
c) Advertising milk for children under 24 months of age as a substitute for breast milk; complementary foods for children under 6 months of age, feeding bottles and artificial pacifiers;
d) Advertising prescription drugs; advertising non-prescription drugs that are recommended by competent authorities to be used limitedly or under the supervision of a doctor;
dd) Advertising other goods and services banned from advertising.
2. Fine ranging from 70,000,000VND to VND100,000,000 shall be imposed for one of the following violations:
a) Advertising other prohibited goods and services;
b) Advertising pornographic products;
c) Advertising hunting guns and their ammunition, sports guns, or the products that incite violence.
3. Remedial measures:
Compulsory removal or dismantlement of the advertisements mentioned in Clause 1 and Clause 2 of this Article.