Misleading Advertising to Be Tightened – What Legal Liabilities Will Influencers and Businesses Face from 2026?

On June 16, 2025, the 15th National Assembly of Vietnam officially passed the Law amending and supplementing several articles of the Law on Advertising, with 98% of delegates voting in favor. The amended law sets higher standards for transparency, accountability, and control—particularly for digital advertising.

Key Legal Changes

1. Enhanced sanctions for false or misleading advertising (Amended Article 11)
   Individuals or organizations engaging in deceptive advertising may face administrative penalties, internal disciplinary action, civil compensation, or even criminal prosecution if the violation causes significant harm.
2. Clear regulations on digital advertising (Amended Article 23)
   All advertising content on digital platforms—such as news websites, social media, and mobile apps—must be clearly marked and easily distinguishable from editorial content.
   Users have the right to opt out of advertising or report violations.
   Any ad linking to external content must comply with legal requirements and be subject to oversight.
3. For the first time, legal responsibilities defined for content distributors (Supplemented Article 15a under Clause 9, Article 1)
   Influencers, KOLs, experts, and public figures must:

• Verify advertising content before dissemination
• Retain evidence of compliance and present it upon request by authorities
• Bear legal liability—including criminal, administrative, and civil—if false advertising causes damage

Mr. Nguyen Dac Vinh, Vice Chairman of the National Assembly’s Committee on Culture and Education, emphasized that the law does not prohibit influencer marketing, but it does mandate strict compliance with new obligations regarding content verification and transparency.

What Should Businesses and Advertisers Do?

Before the law comes into effect on January 1, 2026, businesses and media partners should take proactive steps to ensure compliance:

• Review and update advertising content approval processes
• Include new legal clauses in contracts with influencers/KOLs
• Train legal and marketing teams to identify and manage compliance risks
• Work with legal counsel to draft and review contracts, provide guidance, and handle any arising complaints or disputes

LTS LAW – Comprehensive Legal Support in Advertising Compliance

With expertise in corporate law, media, and commercial dispute resolution, LTS LAW is ready to assist you:

• Advising on legal obligations under the Amended Advertising Law
• Drafting and reviewing contracts with influencers, KOLs, and agencies
• Building internal procedures for ad content verification and evidence retention
• Representing clients in advertising disputes and working with regulators when necessary

The amended law is not just a challenge—it’s an opportunity to raise your brand’s professionalism and integrity. Be prepared, not reactive.

Contact LTS LAW today for full-spectrum legal support:

• Hotline: 0902 798 066
• Liên hệ ngay để nhận được sự tư vấn từ đội ngũ luật sư của LTS LAW.