Prohibited and Restricted Advertising Content under Vietnamese Law

Prohibited and restricted advertising content under Vietnamese law is a persistent concern for many businesses. Have you fully understood the hidden risks behind seemingly harmless advertisements? Why are some companies fined hundreds of millions of VND just because of a few words? And where is the safe boundary to avoid violating the law?

Prohibited and Restricted Advertising Content under Vietnamese Law
In a fiercely competitive market, many businesses intensify their marketing efforts without realizing that prohibited or restricted advertising content is strictly regulated. Sometimes just one statement like “the best”, “cures completely”, or a misleading image is enough to result in heavy penalties. So what exactly does the law prohibit, and why? Let’s break down each risk category for a clearer picture.

Categories of Completely Prohibited Advertising Content
Vietnamese law prohibits several advertising practices to protect public health, social morality, and business order. The most common categories include:

• Advertising tobacco or harmful health products.

• Using images or statements of doctors and medical staff to create absolute trust.

• False or misleading advertising, such as "100% cure" or "absolute effectiveness".

• Advertising that insults dignity, violates social ethics, or incites violence.

Many businesses assume “everyone does it”, but authorities now conduct frequent inspections, especially online. Many campaigns are suspended within hours due to inappropriate imagery or unverified information.

Categories of Restricted Advertising Content — Legal but Easy to Violate
Unlike completely prohibited content, restricted advertising is allowed but must comply with strict conditions, such as:

• Alcohol advertising is allowed only for products under 15% and within specific time frames.

• Functional food advertising must include the disclaimer: “This product is not a medicine…”.

• Medical service advertising requires proper licenses and pre-approved content.

• Cosmetic advertising cannot use medical treatment terms that may cause confusion with pharmaceuticals.

Many businesses unintentionally violate these rules because they are unaware of the limitations—especially in online ads or when working with KOLs. A review video missing a required disclaimer or an exaggerated article can lead to fines from 30 to 100 million VND.

What Should Businesses Do to Avoid Violating Prohibited and Restricted Advertising Rules?
Understanding the legal regulations is not enough; what matters more is establishing an internal content compliance process. Even a strong marketing campaign can be halted due to a small oversight—resulting in significant losses.

Develop an Internal Legal Checklist for Advertising Content
A professional business always maintains an internal checklist before publishing advertisements. This checklist helps verify:

• Whether the wording misleads consumers about treatment effectiveness, quality, or market leadership.

• Whether the content falls under prohibited or restricted product categories.

• Whether the advertisement improperly uses images of experts, doctors, or pharmacists.

• Whether certifications or claims have been approved by relevant authorities.

However, not every business has sufficient expertise to build this system, leading to last-minute adjustments after publishing.

Consult a Corporate Lawyer to Review and Approve Advertising Content
This is a common practice among major corporations. A lawyer experienced in prohibited and restricted advertising can:

• Review legal risks before the advertisement is published.

• Adjust wording and imagery to ensure compliance while maintaining marketing effectiveness.

• Advise communication strategies suitable for each industry.

• Represent the business when working with regulatory authorities.

If you are preparing to launch an advertising campaign, now is the right time to seek legal review—before it’s too late.

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