In Vietnam, is it illegel to put signature of singers on the cover of beverage cans for advertising?

Nội dung chính

• Is it illegel to put signature of singers on the cover of beverage cans for advertising in Vietnam?
• What are the fines for putting signature of singers on the cover of beverage cans for advertising in Vietnam?

Is it illegel to put signature of singers on the cover of beverage cans for advertising in Vietnam?

Pursuant to Clause 8, 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.

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, putting signature of singers on the cover of beverage cans without their permission for advertising is a violation of the Law. In the case you mentioned above, beverage company K has broken the Law for putting signature of singer T on the cover of beverage cans without T's permission.

What are the fines for putting signature of singers on the cover of beverage cans for advertising in Vietnam?

Pursuant to Clause 3, Article 34 of the Decree 38/2021/NĐ-CP stipulating the fine ranging from 20,000,000VND to 40,000,000VND for one of the following violations:

a) Advertising in breach of laws on intellectual property;

b) Showing adverts containing personal images, oral statements or writing without their consent, unless otherwise permitted by laws.

Therfore, the act of putting signature of singers on the cover of beverage cans without their permission for advertising shall be fined from 20,000,000VND to 40,000,000VND.