I. Legal basis

• Law on Advertising 2012
• Law amending the Law on Advertising 2025
• Law on Management and Use of Weapons, Explosives, and Supporting Tools 2024

II. From January 1, 2026, who is considered a disseminator of advertising content?

Pursuant to Clause 8, Article 2 of the Law on Advertising 2012, as amended and supplemented in 2025: “A disseminator of advertising content is a person who directly delivers advertising products to the public or displays advertising products on their person through wearing, hanging, attaching, affixing, drawing, or similar forms.”

Article 15a of the Law amending and supplementing the Law on Advertising 2025, for the first time, explicitly provides for the obligations of disseminators of advertising content, including: (1) complying with regulations on consumer protection while ensuring the truthfulness of the features and quality of the advertised products and services; (2) fully performing tax obligations in respect of income derived from advertising activities; and (3) providing relevant dossiers and documents upon request by competent authorities. (4) bearing legal responsibility in cases where the advertising content is false, misleading, or in violation of the requirements set forth in Article 19 of this Law. In addition, KOLs who advertise products in the online environment must comply with the conditions prescribed in Article 23 of the Law amending and supplementing the Law on Advertising 2025.

Accordingly, it can be observed that the new Law has introduced stricter regulations governing the responsibilities of KOLs and celebrities in relation to the products they advertise, requiring them to bear clearer and more comprehensive legal liability compared to the Law on Advertising 2012, which did not contain specific provisions defining the roles and obligations of disseminators of advertising content.

III. Regulations on Advertising Activities of KOLs and Celebrities in the Online Environment

Specifically, pursuant to Clause 16, Article 1 of the Amending Law, from January 1, 2026, when conducting advertising on social media, KOLs must ensure compliance with identification and transparency requirements so that viewers can clearly distinguish advertising content from ordinary content:

• Advertising content must bear clear identifiers—such as text, symbols, images, or audio—so that audiences are aware that it constitutes advertising.
• For non-static advertisements, KOLs shall ensure the presence of icons or functionalities that enable viewers to close the advertisement, report violations, or decline to view inappropriate content.
• Where an advertisement contains links to other content, such linked content must comply with applicable laws, and KOLs as well as advertising entities must implement measures to monitor and review such linked content.
• Social media users, including KOLs, must clearly distinguish between advertising or sponsored content and other content they share.
• Social media platforms must also provide support by offering features that enable users to identify which content constitutes advertising and which is ordinary content.

In addition, the Law provides for sanctions against violating content, whereby organizations and individuals that detect violations must issue warnings, remove, or block such content within 24 hours upon request by competent authorities; failing which, state authorities are entitled to apply technical measures and impose administrative penalties.

IV. Responsibilities of KOLs and Celebrities in the Dissemination of Advertising Content

Pursuant to Clauses 2 and 3, Article 23 of the Law amending and supplementing the Law on Advertising 2025, additional specific responsibilities have been prescribed for KOLs, celebrities, and entities conducting advertising via social media. When engaging in online advertising, KOLs are subject to clear legal obligations and must:

• Advertise only products and services that they have verified, clearly understood, or personally used; where they are not certain about a product, they are not permitted to promote or introduce it.
• Clearly inform the audience that the content being presented constitutes advertising, both prior to and during its dissemination.
• Refrain from engaging in advertising cooperation with individuals, organizations, or content channels that have been determined by competent state authorities to be in violation of the law.
• Prevent, remove, or provide information regarding unlawful content upon request by competent authorities.
• Comply with sanctions or other legal measures imposed for violations of advertising regulations.

V. KOLs engaging in false advertising may be subject to legal liability

Pursuant to Clause 3, Article 15a of the Law amending the Law on Advertising 2025, influencers fall within the scope of regulation of the Law on Protection of Consumer Rights. When engaging in the dissemination of advertising content (i.e., promoting products to the public via social media and digital platforms), they are subject to the following obligations:

(1)Verify the credibility of the advertiser; examine documents relating to the advertised products, goods, or services; and, where they have not used or do not have a clear understanding of such products, goods, or services, refrain from introducing or promoting them;

(2) Disclose the advertising nature of the content immediately prior to and throughout the course of the advertising activity.

Accordingly, KOLs engaging in false advertising may be subject to administrative sanctions or criminal liability, depending on the nature and severity of the violation; they may also be required to compensate consumers for damages caused by their advertising activities and shall bear legal responsibility where the advertising content fails to ensure accuracy, clarity, or is misleading.

VI. Which products, goods, and services are prohibited from advertising?

Pursuant to Article 7 of the Law on Advertising 2012, as amended by Article 72 of the Law on Management and Use of Weapons, Explosives, and Supporting Tools 2024, the products, goods, and services prohibited from advertising include:

• Goods and services prohibited from trading in accordance with the law;
• Tobacco;
• Alcoholic beverages with an alcohol content of 15 degrees or higher;
• Breast milk substitutes for children under 24 months of age; nutritional supplements for children under 6 months of age; feeding bottles and artificial teats;
• Prescription drugs; non-prescription drugs that are recommended by competent state authorities to be used with restrictions or under the supervision of a medical practitioner;
• Products and goods of a sexually stimulating nature.
• Weapons, explosives, and supporting tools; products and goods of a violent or violence-inciting nature;
• Other products, goods, and services prohibited from advertising as may be prescribed by the Government in response to practical developments.

VII. Conclusion

From January 1, 2026, the legal framework governing advertising in Vietnam has entered a phase of stricter and more transparent regulation, particularly with respect to KOLs and celebrities—entities that exert significant influence on consumer behavior. The formal recognition of the status of “disseminators of advertising content,” together with a system of specific obligations, has placed them in a position of clearly defined legal responsibility, rather than merely acting as intermediaries who “introduce” products as in the past.

The new regulations not only require truthfulness and transparency in advertising content but also oblige KOLs to proactively verify the products, disclose sponsorship elements, and assume full responsibility for the information they disseminate. In the event of violations, sanctions extend beyond administrative penalties and may include activity bans, compensation for damages, and even criminal liability, depending on the severity of the consequences.

It can be observed that this represents a significant advancement in protecting consumer rights while re-establishing ethical standards and professional responsibility in advertising activities within the digital environment. In a context where public trust has increasingly become a decisive factor, compliance with the law is not only a mandatory obligation but also a prerequisite for KOLs and enterprises to build and sustain long-term credibility in the market.

VIII. About Us, Hankuk Law Firm

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