Cross-Border Advertising Service Notification in Vietnam

In addition to domestic advertising, cross-border advertising services are becoming more popular in Vietnam. These services play a vital role in market access strategies and help boost the competitiveness of businesses. To ensure compliance with Vietnamese law and to support transparent and effective business operations, foreign organizations and individuals providing cross-border advertising services are required to notify the competent authorities of their activities. In the article below, Viet An Law will provide the guidance on the notification procedures for cross-border advertising services in Vietnam.

What is the cross-border advertising service business in Vietnam?

According to Clause 1, Article 13 of Decree No. 181/2013/ND-CP, amended and supplemented by Decree No. 54/2017/ND-CP, Decree No. 123/2018/ND-CP, Decree No. 11/2019/ND-CP, Decree No. 70/2021/ND-CP (hereinafter referred to as Decree No. 181/2013/ND-CP, amended and supplemented), cross-border advertising service provision activities in Vietnam are the Activities conducted by foreign organizations and individuals who use websites or electronic platforms to provide advertising services from servers located outside Vietnam to users within Vietnam, generating revenue in Vietnam

Key definitions:

• A cross-border advertising website is an information system that uses one or more electronic information pages in the form of symbols, numbers, letters, images, sounds and other forms of information to provide network users with services of storing, providing, using, searching, exchanging information, sharing sounds, images, creating forums, and chatting online to provide advertising services.
• Advertising service providers, publishers, and both domestic and foreign advertisers involved in cross-border advertising service provision activities in Vietnam must comply with Vietnamese advertising laws, cyber security regulations, internet and online information rules, and tax obligations.

Authority receiving cross-border advertising service notification in Vietnam

According to Clause 4, Article 13 of Decree No. 181/2013/ND-CP, as amended and supplemented, foreign organizations and individuals doing cross-border advertising business in Vietnam must carry out notification procedures with the Ministry of Information and Communications.

Note: Previously, the Department of Radio, Television, and Electronic Information under the Ministry of Information and Communications was responsible for this. However, after a government restructuring, this Department has been transferred to the Ministry of Culture, Sports and Tourism, which is now the competent authority for receiving cross-border advertising notifications..

Thus, currently, the Ministry of Culture, Sports and Tourism is the competent authority to receive notifications on cross-border advertising service business.

Required information for advertising service notification in Vietnam

When doing cross-border advertising business, the following information must be notified:

Content of cross-border advertising service business announcement

• Name of the organization;
• Trading name;
• Address of the registered head office conducting the advertising service;
• The location of the main server system providing the service and the server system is in Vietnam;
• Contact details: name of organization/ individual representative in Vietnam (if any), email address, phone number.

Procedures for notification of cross-border advertising service business in Vietnam

Procedures for notifying cross-border advertising service businesses in Vietnam

Step 1: Send notification to the Department of Radio, Television, and Electronic Information – Ministry of Culture, Sports and Tourism

• Submission time: 15 days before starting the cross-border advertising service business in Vietnam
• Dossier components include:
  • Document notifying contact information of foreign organizations and individuals doing cross-border advertising services business in Vietnam.
  • Power of attorney (if any);
• Submission method: Foreign organizations and individuals send notices directly, by post, or via electronic means to the Ministry of Culture, Sports and Tourism (Department of Radio, Television and Electronic Information).

Contact information of the Department of Radio, Television, and Electronic Information:

• Contact address: 9th Floor, Radio Frequency Department Building, 115 Tran Duy Hung, Cau Giay, Hanoi
• Phone: 024.39448033; Fax: 024.39448036
• Website: http://abei.gov.vn

Step 2: The Department of Radio, Television, and Electronic Information receives and processes the application.

Upon receipt of the notice, the receiving agency shall be responsible for sending a written or electronic confirmation to the organization or enterprise within 07 working days from the date of receipt of the notice.

Reporting obligations when doing cross-border advertising business in Vietnam

According to Article 15 of Decree No. 181/2013/ND-CP, as amended and supplemented, domestic advertising service providers who cooperate with foreign organizations and individuals to conduct cross-border advertising service business in Vietnam must report as follows:

• Annual periodic report (by December 31);
• Ad hoc reporting upon request on cross-border advertising service provision activities in Vietnam

Report to the Department of Radio, Television, and Electronic Information) According to Form No. 01 of Decree No. 181/2013/ND-CP.

Obligations of organizations and individuals doing business in cross-border advertising services in Vietnam

According to Clause 2, Article 13 of the 2012 Law on Advertising, Clause 4, Article 13 of Decree No. 181/2013/ND-CP, as amended and supplemented, foreign organizations and individuals doing cross-border advertising business in Vietnam must comply with the following obligations:

• Notify the Ministry of Culture, Sports and Tourism of contact information 15 days before conducting cross-border advertising services in Vietnam;
• Do not place advertising products in content that violates the law as prescribed in Clause 1, Article 8 of the 2018 Law on Cyber Security, Article 28 of the 2025 Law on Intellectual Property, amended and supplemented in 2009, 2019, 2022;
• Implement the prevention and removal of illegal information at the request of competent authorities;
• Provide information about organizations and individuals involved in cross-border advertising activities that show signs of violating the law to competent authorities upon request.

How will failure to notify about cross-border advertising service business contents in Vietnam be handled?

Pursuant to Point a, Clause 1, Article 38 of Decree 38/2021/ND-CP, amended by Point a, Clause 13, Article 4 of Decree 129/2021/ND-CP, for the act of not notifying the contents as prescribed by foreign individuals doing cross-border advertising services business in Vietnam, they will be fined from VND 5,000,000 to VND 10,000,000.

Note, the above fine is for individuals; the fine will be doubled for organizations according to the provisions of Clause 3, Article 5 of Decree 38/2021/ND-CP.

If you have any questions or require legal assistance related to advertising regulations in Vietnam, Viet An Law is here to support you with the most up-to-date and reliable legal advice.