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Product Regulation & Liability

Vietnam: White List for online advertising services released

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In brief

On 21 March 2023, the Authority of Broadcasting and Electronic Information (ABEI) under the Ministry of Information and Communications (MIC) released a white list specifying local service providers whose online websites and/or social networks are verified and suitable for online advertisements (“White List“). This is part of ABEI’s initiative to encourage brands and advertisers to prioritize displaying advertisements on non-violating websites. 

Key takeaways

  • After the release of blacklisted websites in December 2022, on which third-party advertisements are strictly prohibited, ABEI followed up with a White List specifying three groups of local service providers whose websites are eligible for displaying third-party advertisements including (i) licensed press agencies; (ii) licensed aggregated information websites; and (iii) licensed social networks. 
  • Advertisers are encouraged, but not strictly required, to display advertisements on White List websites.  

In more detail

On 20 July 2021, MIC issued Decree No. 70/2021/ND-CP amending certain articles of Decree No. 181/2013/ND-CP implementing the Advertising Law (“Amended Decree 181“). Amended Decree 181 is the main legal document regulating cross-border advertising activities conducted by foreign advertising service providers operating from offshore advertisement publishers and advertisers.  

Among other things, Article 13.6 of the Amended Decree 181 requires advertising service providers, advertisement distributors and advertisers not to cooperate in advertisement distribution (e.g., placing or displaying advertisements) with websites marked as violating the law by the competent authorities. 

To implement this provision, on 6 December 2022, ABEI issued a blacklist comprising 98 websites that violated Vietnam’s laws. In essence, this list mostly contained illegal gambling and betting-related websites, and websites that illegally broadcast copyrighted sports programs. Please refer to this link for the full blacklist published on ABEI’s portal. 

For more detail on Amended Decree 181, please see our client alert here. 

More recently, to encourage brands and advertisers to prioritize displaying advertisements on non-violating websites, ABEI has published the White List spreadsheet specifying local service providers whose websites are eligible for displaying third-party advertisements. Contrary to the above blacklist, compliance with the White List is not mandatory.  

In particular, the White List spreadsheet contains the three following tabs representing three groups of local service providers that have been verified as suitable for advertisement display: 
(i) The first tab names 301 press agencies with their license number(s) and domain name(s) owned by these agencies.
(ii) The second tab includes 1,381 aggregated information websites with their license numbers and links to their websites.
(iii) The third tab includes 953 social networks with their license numbers and links to their websites. 

Please note that all listed licenses in the White List are only issued to local press agencies and service providers. Offshore service providers (e.g., offshore social networks provided to Vietnam on a cross-border basis) as regulated under Decree No. 72/2013/ND-CP on the management, provision, and use of Internet services and online information are not subject to these licenses.

Please refer to this link for the full White List as published by ABEI. 

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Author

Yee Chung Seck leads the Firm’s Mergers & Acquisitions, IT/C, Pharmaceutical and Healthcare Practices in Vietnam. Chambers Global (2014, 2013) and Chamber Asia (from 2010 to 2015) rank him as a leading lawyer in the field of Corporate M&A and TMT in Vietnam. He is a member of the Singapore Bar Association and serves as vice president of the Singapore Business Group. He also serves as AmCham's IT/C Sub-Committee Co-Chair. Mr. Seck is fluent in English and conversational in Mandarin.

Author

Hung Tran is the practice group leader of the Intellectual Property (IP) and Technology Practice Groups of Vietnam offices. For years, he has been constantly ranked as a leading IP lawyer by numerous researchers such as Chambers Global and Chambers Asia.
He regularly writes articles concerning pressing legal issues in both English and Vietnamese, and his works have been published regularly in various reputable publications. He has assisted the government in reviewing and revising the IP Law, the IP provisions under the country’s criminal code, the draft e-Transaction Law, and the first draft Personal Data Protection Decree, etc.
He is also a respected presenter in the area of IP, Franchising, Data Privacy, and Entertainment Laws. In addition to authoring many publications, Mr. Tran has lectured at Waseda University School of Law (Japan), Vietnam-German University, Hanoi Law University, Diplomatic Academy of Vietnam, Foreign Trade University, an international MBA Program (CFVG) and IP laws for the Professional Training School of the Ministry of Industry and Trade. He used to serve as the Chairman of the Legal Committee of Hanoi American Chamber of Commerce.

Author

Thu Minh Le is an Associate in Baker McKenzie, Ho Chi Minh City office.

Author

Huyen Minh Nguyen is an Associate in BMVN International LLC, Hanoi office.

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