Scenario: a livestream selling dietary supplements claims the product “cures diabetes in 7 days”, backed by thousands of cheering comments. Months later, authorities intervene: the product is merely an ordinary supplement. The seller, the livestream host and the hosting platform — who is liable, and to what extent?
The new framework: amended Advertising Law 2025
On 16 June 2025, the National Assembly passed Law 75/2025/QH15 amending the Advertising Law 16/2012/QH13, effective 1 January 2026 (consolidated text 88/VBHN-VPQH 2025). The amended law broadens the definition of advertising — no longer limited to “using media” — and for the first time clearly defines the rights and duties of “advertisement conveyors”, especially in online and cross-border advertising. It also repeals Section 2, Chapter IV of the Commercial Law 36/2005/QH11 on commercial advertising, unifying advertising regulation. In parallel, the E-Commerce Law 122/2025/QH15 (effective 1 July 2026) prohibits fraud and false information in e-commerce.
Prohibited conduct and administrative sanctions
The Advertising Law prohibits advertising that misleads about product functions and quality. Absolute terms such as “best”, “only”, “number one” or “cure-all” may be used only with lawful supporting documentation as required by competent authorities. For dietary supplements, the disclaimer “This product is not a medicine and does not replace medicinal treatment” must be displayed clearly in size, duration and placement — not faintly or obscured. Violations face administrative fines under sanction decrees in the culture and advertising sector; false advertising in marketplace trading may additionally be punished under Decree 98/2020/ND-CP (amended by Decree 24/2025) on online-transaction violations. Beyond fines, remedial measures apply: forced removal of the advertisement and public correction of the information.
Liability of KOLs, livestream hosts and platforms
The most significant novelty of Law 75/2025/QH15 is bringing social media influencers under tighter management. Sponsored promotional content must be labelled “advertisement”. Influencers paid to promote false claims may be jointly liable to compensate harmed consumers. A livestream sales host cannot hide behind “just reading the brand’s script” — the law treats them as advertisement conveyors with a duty to basically verify the products they promote. Marketplaces and social networks hosting the advertising must control content, promptly remove violating ads upon discovery or at a competent authority’s request, and face sanctions for systemically tolerating violations (Article 39, E-Commerce Law 122/2025/QH15).
When does it become criminal liability?
False advertising that seriously harms consumers may trigger criminal prosecution: deceiving customers (Article 198, 2015 Penal Code) for fraud about quality, price or quantity of goods; depending on the facts, fraud to appropriate property (Article 174) may apply. Harmed consumers may file civil suits for damages under the 2015 Civil Code and the Consumer Protection Law 19/2023/QH15.
Frequently asked questions
Can exaggerated advertising be fined if no specific damage occurred?
Yes. Administrative advertising violations are punished based on the conduct itself, regardless of whether concrete damage materialised. Damage only aggravates the case and grounds civil or criminal liability.
Must marketplaces pre-screen every seller advertisement?
The law does not require pre-screening of each item, but requires platforms to operate control mechanisms, receive reports and promptly remove violating content upon discovery or at a competent authority’s request. Platforms that let violations run systematically face sanctions.
Where can consumers report false advertising?
Reports may go to market surveillance forces, the provincial Department of Culture — the local state advertising regulator — or consumer-protection hotlines. Preserve evidence: livestream recordings, screenshots, purchase receipts.
This article has been quality-reviewed by the FLAW AI Legal Council.
