Legitimate documents proving for advertising using the words “best”, “the best”, “only”, “number one” in Vietnam

Legitimate documents proving for advertising using the words “best”, “the best”, “only”, “number one” in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Act of advertising using the words “best”, “the best”, “only”, “number one” or words with similar meaning without legitimate documents proving is prohihited in Vietnam

According to Article 8 of the Law on Advertising 2012, prohibited acts in advertising include:

- Advertising the products, goods and services specified in Article 7 of the Law on Advertising 2012.

- Using advertisements that reveal the State secrets, harm the independence and National sovereignty, National defense and security.

- Using advertisement inartistically, contrary to the Vietnam’s history, culture, ethics and traditional customs

- Using advertisements that affect the urban scenery, the traffic safety and the social order.

- Using advertisements that degrade the respectability of the National flag, the National emblem, the National anthem, the Party’s flag, national heroes, cultural celebrities, the leaders of the State and the Party.

- Using advertisements that express racial discrimination, sexual discrimination, prejudice against disabled people, or violate the freedom of belief and religion.

- Using advertisements that offend the prestige, honor and dignity of other organizations and individuals.

- Using advertisements that contain other people’s pictures, words or text without obtaining their consent, unless otherwise permitted by law.

- Advertising incorrectly or causing confusion about the business competence, the ability to provide products, goods and services of organizations and individuals trading and providing such products, goods and services; about the quantity, quality, prices, features, designs, package, brand name, kinds, method of service, warranty duration of the registered or announced products, goods and services.

- Advertising using direct comparison of the prices, quality and efficiency of their products, goods and services to that of the other’s products, goods and services of the same kind.

- Advertising using the words “best”, “the best”, “only”, “number one” or words with similar meaning without legitimate documents proving so as prescribed by the Ministry of Culture, Sports and Tourism.

- Advertising using unhealthy competition contents as prescribed by law provisions on competition.

- Using advertisements that violate law provisions on intellectual property.

- Using advertisements that make children think, speak and act against the traditional customs and ethics, negatively affect the children’s health, safety or natural development.

- Forcing other agencies, organizations and individuals to make advertisements or receive advertisements involuntarily.

- Hanging, placing, painting advertisements on electric poles, traffic lights and public trees.

2. Legitimate documents proving for advertising using the words “best”, “the best”, “only”, “number one” in Vietnam

According to Article 2 of Circular 10/2013/TT-BVHTTDL, legal documents proving that advertising has the words "unique", "unique", "best" as follows:

- Legitimate documents specified at Clause 11 Article 8 of the Law on Advertising 2012 include:

+ Result of market survey of organizations which are established and operate legally with function of market research;

+ Certificates or equivalent papers at competitions, exhibits with regional or national scale in which such products, goods or services have been voted and recognized to be “the first rank”, “the unique” “the best”, “number one” or phrases with the similar significance.

- Time for using legitimate documents to prove the phrases “the first rank”, “the unique”, “the best”, “number one” or phrases with similar significance on advertisement products will be 01 (one) year from the day organizations or individuals are granted certificate or receive result of market survey.

- On advertisement products must present fully, clearly, exactly name of legitimate documents specified at Clause 1 of Article 2 of Circular 10/2013/TT-BVHTTDL.

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