Is it illegal to use slogan "Our products are the best" when in advertisements according to Law on Advertising of Vietnam?

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• Is it illegal to use slogan "Our products are the best" when advertising according to Law on Advertising of Vietnam?
• What are the fines for using the term "the best" when advertising in Vietnam?

Is it illegal to use slogan "Our products are the best" when advertising according to Law on Advertising of Vietnam?

Pursuant to Clause 11, Article 8 of the Law on Advertising in 2012 stipulating prohibited acts in advertising as follows:

1. Advertising the products, goods and services specified in Article 7 of this Law.

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

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

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

5. 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.

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

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

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

9. 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.

10. 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.

11. 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 of Vietnam.

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

13. Using advertisements that violate law provisions on intellectual property.

14. 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.

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

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

As regulations above, the slogan "Our products are the best" of those students has violated the Law of Advertising in Vietnam. 

What are the fines for using the term "the best" when advertising in Vietnam?

Pursuant to Clause 2, Article 34 of the Decree 38/2021/NĐ-CP stipulating the fine ranging from 10,000,000VND to 20,000,000VND for one of the following violations:

a) Showing advertisements containing the superlative words or phrases like "best", "only", “number one” or other equivalents without legally required corroborative evidence;

b) Placing advertisements that affect urban settings, traffic order and safety, and peace, except for the cases specified in clause 1 of this Article, clause 1 and 3 of Article 43, and clause 3 of Article 48 of this Decree;

c) Using advertisements infringing on the freedom of belief, religion, gender stereotyping adverts, and adverts implying bias against people with disabilities;

d) Coercing entities, organizations or individuals to advertise or receive adverts without their consent.

Therefore, using "the best" in advertisements will be fined from 10,000,000VND to 20,000,000VND