Summary of dissertation in laws laws on online commercial advertising services on the internet in vietnam nowadays

VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES NGUYEN THI DAN PHUONG LAWS ON ONLINE COMMERCIAL ADVERTISING SERVICES ON THE INTERNET IN VIETNAM NOWADAYS Major: Economic Law Code: 38 01 07 SUMMARY OF DISSERTATION IN LAWS HANOI - 2020 The dissertation is completed at: GRADUATE ACADEMY OF SOCIAL SCIENCES, VIETNAM ACADEMY OF SOCIAL SCIENCES Suppervisor: PhD DANG VU HUAN PhD HO NGOC HIEN Reviewer 1: Prof PhD Nguyen Thi Mo Reviewer 2: Assoc Prof PhD Duong Dang Hue Reviewer 3: Assoc Prof PhD Bui Thi Huyen The dissertation will be defended in front of the Academylevel Dissertation Evaluation Committee at Graduate Academy of Social Sciences, Vietnam Academy of Social Sciences At ……… o’clock ……… , date …… month …… 2020 The dissertation can be found at the libraries: - National Library - Library of Graduate Academy of Social Sciences FOREWORD The urgency of the thesis Today, in the context of increasingly powerful technology, the internet access for people also becomes increasingly easier, the connection between people and global connectivity are also deeper The attractiveness of the great benefits of online advertising makes businesses more and more pouring money into online advertising, and there are many more individuals, legal entities starting up and operating in this field Online advertising also raises risks for both participating individuals and state management activities such as not fulfilling financial obligations from related parties to the state, the economy may be unbalanced, advertising products may affect social morality…Currently, online commercial advertising services are still being regulated through the Law on Advertising 2012, the Law on Commercial 2005, the Law on E-transactions 2005 and other implementing documents However, these laws basically apply to traditional advertising activities, but when applied to online advertising activities with distinctive features compared to traditional advertising, there are still many difficulties, and it is also difficult to manage the risks that online advertising may encounter From the above reasons, the PhD student has chosen the content “Laws on online commercial advertising services on the Internet in Vietnam nowadays” to be the tittle of the thesis Research purposes and tasks 2.1 Research purposes The research purposes of the thesis are to clarify the theoretical issues of the law on online commercial advertising services on the internet; to analyze and evaluate the current legal situation of online commercial advertising services on the internet in Vietnam; since then, the thesis proposes directions and solutions to complete the law on online commercial advertising services on the internet in Vietnam in the coming time 2.2 Research tasks To accomplish the above research purposes, the research tasks are identified as: - Overview of domestic and foreign research related to the thesis tittle - Conducting research to clarify legal theoretical issues about online commercial advertising services on the internet, clarifying the role of entities participating in online commercial advertising services on the internet - Analyzing and assessing the current legal status of online commercial advertising services on the internet in Vietnam and the implementation process to find out the advantages, limitations and causes - Proposing directions and solutions to complete the law and improve the efficiency of law enforcement on online commercial advertising services on the internet in Vietnam in the coming time Research objects and scope 3.1 Research objects The research objects of the thesis are the theoretical and practical issues of law on online commercial advertising services on the internet, the current practice of the legal system and the practice of law enforcement on online commercial advertising services on the internet in Vietnam nowadays 3.2 Research scope The thesis research online commercial advertising services on the internet under the perspective of an advertising activity, a trade promotion activity performed by entities participating in the stages of the process and legal issues arise in the implementation of these activities New scientific contributions of the thesis - The research of the thesis contributes to systematizing and clarifying the theoretical basis for online commercial advertisement services and the law on online commercial advertising services in Vietnam nowadays - The thesis has synthesized the current legal regulations and the implementation of the regulations on online commercial advertising services on the contents which have been studied, pointing out the advantages as well as the limitations of the legal system on online commercial advertisement services and the reasons for such limitations - The thesis proposes a number of solutions to improve the legal system of online commercial advertisement services as well as improve the effectiveness of law enforcement for online commercial advertising services in the coming time The theoretical and practical significance of the thesis In terms of theoretical, up to the present time, this is the first research on the law on online commercial advertising services on the internet at the doctoral thesis level In terms of practical, the solutions of the thesis are proposed to protect the rights and interests of the entities in online commercial advertising services but also help the state to have a better management mechanism for these activities to create a healthy competitive environment and can also encourage the development of this activity according to the trend of international trade integration in the future Research methods In addition to the general scientific methodology, the thesis also uses more specific research methods such as information collection methods, synthesis methods, analytical methods, descriptive methods, historical methods… to approach and clarify the theoretical and practical issues for the current law on online commercial advertisement services in Vietnam The structure of the thesis In addition to the foreword, conclusion and list of references, research content layout of the thesis is divided into four chapters, specifically as follows: Chapter 1: Overview of research situation and research theoretical basis Chapter 2: Theoretical issues about the law of online commercial advertising services on the internet Chapter 3: Current situation of legal regulations and law enforcement on online commercial advertising services on the internet in Vietnam nowadays Chapter 4: Directions and solutions to complete the law and enhance the efficiency of legal enforcement on online commercial advertising services in Vietnam Chapter OVERVIEW OF RESEARCH SITUATION AND RESEARCH THEORETICAL BASIS 1.1 Overview of research situation 1.1.1 Group of legal research works related to online commercial advertising services on the internet 1.1.1.1 Theoretical research works related to online commercial advertising services on the internet * Theoretical studies of commercial advertising Nguyen Thi Tam in the thesis “Completing the law on commercial advertising” introduces the concept of “commercial advertising is the activity of subjects through the means of advertising to introduce goods, services, doing business to consumers for profit purposes” [55, p.20] In his research on competitive advertising - Thesis “Adjusting advertising activities in the framework of competition law in Vietnam”, Doan Tu Tich Phuoc said that advertising is understood and limited to commercial advertising, that is, a commercial act performed by a trader to introduce its business to a customer Similar to Nguyen Thi Tam's research in the thesis “Completing the law on commercial advertising”, Doan Tu Tich Phuoc also classifies advertising based on three criteria: advertising content, advertising media and methods of impacting the object [54] * Theoretical studies of online advertising Besides, the author Bui Thi Bach Hai, in the thesis “Legal responsibilities of online commercial advertisement publishers according to current Vietnamese law”, introduced the concept: “Online commercial advertising is the efforts of business or service entities to influence the buying habits and behavior of consumers or customers by providing sales messages in a convincing way about products or services of the seller in order to obtain profits in the most effective way through electronic means with internet connection” [50, pp.13,14] * Theoretical studies of related concepts – “internet marketing” Pham Hong Hoa in the thesis “The process of applying internet marketing in small and medium enterprises in Vietnam” has shown that there are many different interpretations of online advertising (internet marketing) with a fairly broad meaning like e-marketing, electronic marketing, to more narrow meanings such as email marketing [51, p.23] The authors Dave Chaffey, Fiona Ellis-Chadwick, Kevin Johnston, Richard Mayer in the work “Internet Marketing: Strategy, Implementation and Practice” have defined: “Internet marketing or marketing based on the internet is the use of the internet and related digital technologies to achieve marketing objectives and to support modern marketing concepts” [104, p.8] * Theoretical studies of related concepts – “social network advertising” Regarding online advertising using social networking tools - one of the types of online advertising, there was a master thesis “Laws on sales and advertising on social networks in Vietnam” by the author Nguyen Phan Anh [43, p.18] * Theoretical studies of other types of advertising Nguyen Thi Thuy Dung in her thesis “The law on television advertising services in Vietnam” compared television advertising services with internet advertising services [45, p.21] 1.1.1.2 Research works related to the law on online commercial advertising services * Studies of the law on commercial advertising services in general In the thesis “Completing the law on commercial advertising”, Nguyen Thi Tam noticed that due to the specific characteristics of commercial advertising activities, there are many different legal documents governing the relationships arising in this area such as Law on Commercial, Law on Advertising, Law on Competition, Law on Pharmacy, Law on Intellectual Property, Law on Protection of Consumer Rights, Press Law… and identified “Law on Commercial 2005 is considered as specialized legal documents governing commercial advertising” [55, pp.36,37] * Studies of the law of online commercial advertising services Nguyen Thi Thu Huong, in her thesis “State management of online advertising services in Vietnam”, has synthesized and evaluated the contents of the state management on online advertising and advertising [52, pp.2729] In his master thesis “Laws on sales and advertising on social networks in Vietnam”, author Nguyen Phan Anh has also summarized the legal source for advertising activities on social networks [43] In “The guide to advertising and sales promotion law in the UK”, Sallie Spilsbury looks at how the law applies to internet advertising and promotion now and what developments are we can be expected in the future [113, pp.163-195] In the article “The development of Vietnamese law on state management of commercial advertising”, Nguyen Ngoc Anh gave an overview of the development of legal provisions on advertising [59, p.10] In the legal institutions of online commercial advertising services, Thesis “Legal responsibilities of online commercial advertisement publishers according to current Vietnamese law” by Bui Thi Bach Hai emphasized aspect for the entities group is called the advertisement publishers [50, p.34] Regarding the authority to manage commercial advertising activities, Vu Thi Hoa Nhu in the article “Competence to manage commercial advertising activities according to the law of China and some Southeast Asian countries - Lessons for Vietnam” pointed out that the authority to administer advertising activities in general not only belongs to the host agency - the Ministry of Culture, Sports and Tourism, but also the important participation of the Ministry of Information and Communication, as well as the Ministry of Industry and Trade besides other ministries [84, p.68] Along with comments on the legal document system, Nguyen Ngoc Ha and Vo Sy Manh in the article “Laws on commercial advertising of the United States and experiences for Vietnam” also stated “The biggest limitation that exists in the legal situation on advertising is the overlap, repetition, inconsistency of many legal documents, issued by many different agencies” [75, p.93] 1.1.2 Group of research works on legal practice related to online commercial advertising services on the internet 1.1.2.1 Studies on the current legal status of online commercial advertising services on the internet The thesis “State management of online advertising services in Vietnam” by Nguyen Thi Thu Huong (2014) reviewed the provisions of the Law on Advertising 2012 as well as the Ordinance on Advertising 2001, but the author also said that there are no specific legal documents governing online advertising [52, pp.57-59] In her thesis “Legal responsibilities of online commercial advertisement publishers according to current Vietnamese law”, Bui Thi Bach Hai pointed out the legal provisions on liability for “online commercial advertisement publishers” according to Vietnamese law [50] Tran Quynh Anh in the article “The current situation of state management on commercial advertising with the aim of limiting unfair competition practices and protecting consumers” also agrees with the situation that current legal regulations on state management authority for commercial advertising activities have created a lack of uniformity in state management besides the issue of not specifically delineating authority and coordination mechanism among state agencies [61, pp.4-5] Especially the article “Protection of personal information in ecommerce according to Vietnamese law”, author Dinh Thi Lan Anh has raised a number of theoretical issues for the protection of personal information of consumers such as deep consideration of concepts related to personal information, legal liability of the entities involved in acts of infringing upon the personal information of consumers [57, pp.29-33] 1.1.2.2 Studies on law enforcement situation related to online commercial advertising services on internet Nguyen Thi Tam has shown profound research in the thesis “Completing the law on commercial advertising” (2016), fully synthesizing the provisions of the law on commercial advertising, making comments that although has adjusted to practical needs basically, but the current commercial advertising law still has some shortcomings [55, p.121] Author Nguyen Phan Anh in his master thesis “The law on sales and advertising on social networks in Vietnam”, has pointed out many shortcomings in the implementation of regulations on advertising on social networks [43] Since the Internet has become ubiquitous, concerns have been raised about the best way to protect consumers from new forms of advertising, Martin, A.R & Sarkar, R raised this issue in the article “Developments in advertising and consumer protection in cyberspace” [110, p.295] In the article “Inadequacies in commercial advertising on the Internet and recommendations for improvement”, Vo Thi Thanh Linh has summarized many shortcomings [80, pp.67-72] Nguyen Nhu Chinh, in his article “Regulations on inspection, supervision and handling of violations in commercial advertising activities Current situation and direction of improvement”, stated “The authority to manage, inspect, monitor and sanction violations in the current commercial advertising activities based on the division of management fields among ministries” [67, p.4] In addition, regarding internet users, consumers in e-commerce, there are also a number of studies mentioned “Law on consumer protection in e-commerce” by Le Van Thiep gives us a concept of consumers in ecommerce and clearly specifies the principles in protecting consumers in ecommerce [91, p.33] This study only mentions the general situation of consumers in e-commerce Meanwhile, Doan Quynh Thuong, while talking about the basic disputes in e-commerce in the article “About some disputes in e-commerce”, mentioned the situation of disputes related to the protection of consumers' personal data in e-commerce [93, pp.41-42] Steven C Bennett in the article “Regulating Online Behavioral Advertising” offers a number of perspectives on adjusting ads based on online behavior, possibly providing in-depth regulations with the primary goal of ensuring consumer privacy is protected, preventing misuse of consumer information, or a system of public and private litigation aimed at addressing redundancies in online behavioral advertising practices, which may better address these central concerns while maintaining the economic viability of advertising based on online behavior [115, p.943] 1.1.3 Proposals and recommendations in the research works related to the law on online commercial advertising services on the internet Nguyen Thi Tam in the thesis “Completing the law on commercial advertising” has given a number of solutions such as: Rebuilding the concept of commercial advertising and solving legal conflicts in the field of commercial advertising; Solutions to perfect the law on subjects participating in commercial advertising legal relations… [55] In his master thesis “Laws on sales and advertising on social networks in Vietnam”, author Nguyen Phan Anh has determined that the completion of laws governing social media advertising is necessary to promote Vietnam's international integration [43, pp.76-82] Luận văn thạc sĩ “Pháp luật hoạt động bán hàng quảng cáo mạng xã hội Việt Nam”, tác giả Nguyễn Phan Anh xác định việc hoàn thiện pháp luật điều chỉnh hoạt động quảng cáo mạng xã hội cần thiết để đẩy mạnh hội nhập quốc tế Việt Nam [43, tr.76-82] Nguyen Thi Thu Huong, in her thesis “State management of online advertising services in Vietnam”, Vu Thi Hoa Nhu in the article “Competence to manage commercial advertising activities according to the law of China and some Southeast Asian countries - Lessons for Vietnam”, Vo Thi Khanh Linh in the article “Competence to manage online commercial advertising activities in the UK, Singapore and proposing to improve the law on online commerce in Vietnam”, Le Ngoc Anh in the article “Competence to manage commercial advertising activities according to the UK and the US laws and experiences for Vietnam” studied the experiences of some countries around the world to draw lessons for state management in Vietnam In the article “To Track or Do Not Track: Advancing Transparency and Individual Control in Online Behavioral Advertising”, Omer Tene & Jules Polonetsky stated that the legal framework for both online and offline privacy is changing but nowhere is this more obvious than in the online environment [111, pp.307-308] Alexander Nill & Robert J Aalberts in “Legal and Ethical Challenges of Online Behavioral Targeting in Advertising” argues that online behavioral targeting, despite its many benefits for both shoppers and advertisers, but in reality, there are possibilities of technology that would violate consumer privacy at a dangerous and unprecedented level [99] 1.1.4 Overall assessment of research situation In general, there are not many scientific research works on online commercial advertising services 1.1.4.1 Issues that the thesis will inherit First, in terms of theoretical restrictions affecting the entities participating in commercial advertising activities as well as related entities in society - The implementation of the law on online commercial advertising services on the Internet still faces many problems and limitations - In order to create conditions for entities to develop online commercial advertising services on the Internet, it is necessary to renew and improve strongly the legal system as well as the organization and implementation of the law CONCLUSION OF CHAPTER After doing an overview of the research situation and identifying the research theoretical basis for the thesis topic, it is possible to draw the following conclusions: The research works also give some orientations for the thesis research The research works have not yet gone into the type of online commercial advertising service on the internet, so the concept and characteristics of this service have not been clarified; the practice of legal regulations and the enforcement of the law on online commercial advertising services on the internet also have not been considered and evaluated These are the basic issues that the thesis will continue to deploy To research on the topic, the thesis uses a number of research theories such as: The theory of service trade, the theory of advertising communication… Chapter THEORETICAL ISSUES ABOUT THE LAW OF ONLINE COMMERCIAL ADVERTISING SERVICES ON THE INTERNET 2.1 Theoretical overview of online commercial advertising services on the internet 2.1.1 Concept of online commercial advertising service on the internet 2.1.1.1 Commercial advertising services Advertising was formed very early with the development of commercial activities, it acted as an intermediary activity connecting sellers and buyers 11 a) Understanding of advertising According to the Vietnamese Dictionary, “Advertising is a presentation to widely introduce to many people in order to gain more customers” From a legal perspective, advertising is also mentioned in legal dictionaries and legal documents In Vietnam, the advertising concept is also mentioned in a number of different legal documents b) Commercial advertising services Commercial advertising activities may be carried out by traders manufacturers of goods and services themselves; however, in an increasingly professionalized business environment, to achieve high efficiency, these traders have used commercial advertising services provided by professional advertising traders through commercial advertising service contracts 2.1.1.2 Online commercial advertising services on the internet Although there is no official definition of an online commercial advertising service, whether in the world or in Vietnam, with the above analysis of commercial advertising services and online activities, the author gives a definition: “Online commercial advertising service on the internet means a service which uses information technology and electronic devices connected in the internet environment to introduce products, goods and services with profit-making purposes or information on traders trading in products, goods or services to public to promote commercial activities for such traders” 2.1.1.3 Classification of online commercial advertising services on the internet a) Based on methods of charging for advertisers b) Based on the ways of conducting commercial advertising online 2.1.2 Characteristics of online commercial advertising services on the internet * Firstly, online commercial advertising services on the internet carry out information dissemination and promotion for products, goods, and services to be introduced to the public through information technology and electronic devices which is connected to the internet * Secondly, the online commercial advertising services involves many individuals and organizations involved in commercial activities * Thirdly, the purpose of the entities when participating in online commercial advertising services 12 2.1.3 The benefits and risks of online commercial advertising services on the internet 2.1.3.1 Benefits of online commercial advertising on the internet - Low implementation costs - Better access to targeted customers - Interaction with customers - Highly efficient and easy to manage 2.1.3.2 Risks of online commercial advertising services on the internet - For advertisers - For consumers, internet users 2.2 Legal theory of online commercial advertising services on the internet 2.2.1 Legal concept of online commercial advertising service on internet The author temporarily introduces the concept: The law on online commercial advertising services on the internet is a synthesis of the laws of the State governing social relations between entities arising in the process of online commercial advertising services for profit purposes In the process of implementing “online commercial advertising services on the internet” (clarified above), many social relations arise between many different types of entities These are the three basic types of subjects: advertiser, advertising network and publisher; with the participation of internet users acting as receiver of advertisements as well as consumers if they make purchases based on these advertisements 2.2.2 Characteristics of the law on online commercial advertising services on the internet Firstly, the law on online commercial advertising services on the internet has an interference between many legal fields, with the participation and management of many state agencies Second, the law on online commercial advertising services on the internet harmonizes the freedom of business of traders and the protection of consumers and internet users Thirdly, because online commercial advertising on the internet is associated with the digital environment, the law on online commercial advertising services on the internet also faces many difficulties in identifying violations and identify the participant or the actor involved in that act 13 Fourthly, the law on online commercial advertising services on the internet governs entities with different levels of awareness towards electronic media and the internet 2.2.3 Legal documents system governing online commercial advertising services on the internet 2.2.4 Basic principles of the law on online commercial advertising services on the internet First: National security protection, social order, and social safety Second: Respect and protect the interests of internet users and consumers when participating in the purchase of goods and services through the Internet Third: Respect traders' right to freely advertise on the Internet Fourth: Protect life, health, honor and dignity of individuals and organizations 2.2.5 The basic contents of the law on online commercial advertising services on the internet 2.2.5.1 Conditions for providing online commercial advertising services on the internet Conditions for providing online commercial advertising services on the internet are prescribed by legislators in two directions: the conditions on the content of the advertisement or the advertising message for products, goods, and services; and conditions for conducting online advertising business on the internet 2.2.5.2 Legal entities in online commercial advertising services on the internet In the current online commercial advertising business model, there are basic types of entities participating in the model, including: advertiser, advertising network and publisher 2.2.5.3 Contracts for online commercial advertising services on the internet In this thesis, the author does not mention contracts on advertising product design that design companies are hired to deploy at the request of advertisers, because this type of contract within the scope of online commerce advertising activities is not different from traditional advertising and has almost no effect on the implementation of online commercial advertising services 14 Firstly, the contract to provide online commercial advertising services Secondly, the advertising publishing contract (advertising cooperation contract) Thirdly, the advertising agency contracts 2.2.5.4 State management in online commercial advertising services on the internet The potential risks described above for entities participating in online commercial advertising is a big issue to pay attention to and also requires impact from the government In other words, it is necessary to have a state management mechanism for online commercial advertising services on the internet to both promote the benefits of online commercial advertising as well as control uncertainties that this type of service brings to the society In the following, we look at the advertising management mechanism in several countries around the world: * Singapore Singapore is one of the few countries in the world to develop an advertising Code with a series of appendices to specify the adjustment of advertising activities in various forms The Advertising Standards Authority of Singapore (ASAS) was established in 1976 with the main purpose of promoting ethical advertising in Singapore, is a self-regulatory mechanism in the advertising industry, and also an advisory board for the Consumers Association of Singapore (CASE) * The United Kingdom Advertising regulations in the UK take many different forms, including an established and respected standard self-regulatory system, which exists alongside laws including the Consumer Protection from Unfair Trading Regulations and the Business Protection from Misleading Marketing Regulations Different regulators play a different role including the Advertising Standards Authority (ASA) - managing the self-regulatory system, the local government transaction standards office and the Competition and Markets Authority (CMA) * The United States Marketing and advertising on the Internet are subject to the law, as well as any other media The basic rules are enforced by the Federal Trade Commission (FTC) under the Federal Trade Commission Act FTC is 15 responsible for making policy statements, detailed guidelines, seminars, and current announcements for advertising regulations * China Over the years, the Chinese government has shifted its focus to tighter advertising and, more recently, online advertising Following the amendment of the Advertising Law made in 2015, the State Administration for Industry and Commerce (SAIC) has just issued the Interim Measures for the Administration of Internet Advertising (Appendix), which came into effect on September 1, 2016; In particular, China implies tighter control over advertisers who want to promote their goods and services in the country 2.2.5.5 Protection of internet users' interests in online commercial advertisement activities on the internet The first problem is that the provision of information about products, goods and services is inaccurate or confusing, leading to the infringement of direct interests The second problem can be encountered by all internet users receiving ads whether they are consumers or not: to place automated ads in the most effective way (i.e., reaching the right target customers), ads distributors or publishers have used certain ways to collect information about users' interests and activities through what they on the internet CONCLUSION OF CHAPTER After studying legal theoretical issues about online commercial advertising services on the internet, it is possible to draw the following conclusions: Online commercial advertising service on the internet using computer network technologies and electronic means for the purpose of promoting the commercial activities of traders Laws on online commercial advertising services on the internet regulate social relationships arising between entities in the process of implementing online commercial advertising services on the internet for profit purposes Chapter CURRENT SITUATION OF LEGAL REGULATIONS AND LAW ENFORCEMENT ON ONLINE COMMERCIAL ADVERTISING SERVICES ON THE INTERNET IN VIETNAM NOWADAYS 3.1 Situation of legal regulations on online commercial advertising services on the internet in Vietnam nowadays 16 3.1.1 Regulations on conditions for conducting online commercial advertisement service business on the internet 3.1.1.1 Conditions for the object of online commercial advertising on the internet The laws of Vietnam as well as the laws of other countries in the world, when talking about advertising content often give certain criteria for special products, goods and services such as medicines, alcohol, tobacco, or products, goods or services related to children The Decree 181/2013/NĐ-CP on elaboration of some articles of the Law on Advertising 2012 provides specific conditions for special products, goods and services such as drugs, cosmetics, food, food additives, milk and nutritional supplements, plant protection drugs, fertilizers, bio-products… from Article to Article 11 3.1.1.2 Conditions for conducting online commercial advertising services on the internet Through the internet, online commercial advertising service providers can use multiple channels/media to transmit advertising messages, including some that require the owner to have the license from the competent state agencies to conduct commercial advertising service business 3.1.2 Regulations on legal entities in online commercial advertising services on the internet Firstly, advertisers The regulations stipulate two types of advertisers participating in online commercial advertising services are economic organizations and individuals Secondly, advertising service providers According to Clause 6, Article of the Law on Advertising 2012, “Advertising service providers are organizations and individuals that perform one, a number of, or all the phases of an advertising process under the advertising contract with the advertiser” Thirdly, advertisement publishers According to Clause 7, Article of the Law on Advertising 2012, advertisement publishers are “organizations and individuals using means of advertising under their management to present the advertisements to the public, including the press, publishers, website owners, organizers of sports events and cultural programs, and the organizations and individuals using other means of advertising” Article 115 of the Law on Commerce 2005 17 introduces that commercial advertising distributors are “persons who directly distribute commercial advertising products Fourthly, advertisement conveyors The advertisement conveyors, according to Clause 8, Article of the Law on Advertising 2012, are understood as “people that directly bring the advertisements to the public or display the advertisements on their bodies in forms of wearing, hanging, sticking, drawing or similar forms” Fifthly, advertisement receivers This is the entity who is not directly involved in online commercial advertising activities, according to Clause Article of the Law on Advertising 2012, “advertisement receivers are people that receive information from the advertisements via means of advertising” The advertisement receivers in an online commercial advertising service on the internet is also the internet users, in this advertising activity, the internet user plays a passive role in receiving advertising messages 3.1.3 Regulations on contracts for online commercial advertising services on the internet The Law on Advertising 2012 does not regulate much on advertising service contracts Meanwhile, the Law on Commerce 2005 mentions two types of contracts: commercial advertising service contracts and advertising distribution contracts 3.1.4 Regulations on state management in online commercial advertising services on the internet As mentioned, due to the nature of advertising activities in general, as well as online commercial advertising, the state management mechanism has the participation of many state agencies In theorical way, based on the content of the state management authority in general, the state management authority for advertising activities can be divided into groups: • Competence to make policies and promulgate laws; • Competence to organize and control advertising activities; • Competence to examine, inspect and handle law violations 3.1.5 Regulations on protection of internet users' interests in online commercial advertisement activities on the internet As mentioned above, one of the most dangerous risks that internet users and consumers are facing nowadays is the lack of protection of personal information 18 In summary, it can be seen that the legal system on commercial advertising in general and online commercial advertising in particular still has legal loopholes 3.2 Situation of law enforcement on online commercial advertising services on the internet in Vietnam nowadays 3.2.1 Situation of law enforcement on conducting online commercial advertisement service business on the internet In general, there are legal provisions on business conditions for specific advertising media such as social networks, online video games, websites, etc The owners of these advertising means have basically complied with the provisions of law on registration with state agencies 3.2.2 Situation of law enforcement on legal entities in online commercial advertising services on the internet Online commercial advertising services taking place on the internet bring many benefits as mentioned in the above sections People easily participate in doing some of the steps in the online advertising process, easily make money and make large sums of money Therefore, this service attracts the participation of many different entities 3.2.3 Situation of law enforcement on contracts for online commercial advertising services on the internet In terms of legal form, only commercial advertising service contracts must be made in written, other contracts not need to comply with a specific form As a result, the legal relationships between parties are often uncertain 3.2.4 Situation of law enforcement on state management in online commercial advertising services on the internet 3.2.4.1 Situation of law enforcement on state management in online commercial advertising services on the internet in general Many regulations have been issued to implement the management with the rapid development of new technology-intensive business activities that are currently taking place, in some cases, legal documents still face difficulties in its practical application 3.2.4.2 Situation of law enforcement on state management of the contents of online commercial advertising service on the internet 19 The authority of state management on the contents of online commercial advertising services content rests upon specialized management agencies One of the agencies that well in managing these contents is the Ministry of Health However, in many other professional areas, the lack of a mechanism to manage the contents (articles, images, videos ) makes these inaccurate, unhealthy, and illegal content still spread on social networks nowadays 3.2.4.3 Situation of law enforcement on state management in tax collection for online commercial advertising on the internet At present, the provisions of the Law on Tax Administration are clearly not sufficient to handle cross-border services such as online commercial advertising services on the internet 3.2.4.4 Some other shortcomings in the situation of law enforcement on state management of online commercial advertising services on the internet in general Online commercial advertising carries a lot of risks in the accuracy of information, illegal activities to legalize advertisements, poor quality goods, prohibited goods, and illegal advertising which take place in a common and difficult manner to manage In short, although the competent state agencies always try to effectively implement their state management activities, there is still a lack of a suitable legal mechanism for online commercial advertising services on the internet In addition, the current legal provisions are not enough to deter violations, lack of mechanism for handling violations 3.2.5 Situation of law enforcement on protection of internet users' interests in online commercial advertisement activities on the internet 3.2.5.1 Responsibilities of the advertisers In order for the form of online commercial advertising services to bring about real benefits, in addition to the efforts of State management agencies, advertisers need to understand the legal responsibility for implementing measures to protect consumers and cannot give all responsibilities to advertising networks and publishers 3.2.5.2 Internet user information collection behavior 20 When a website specializing in online retail or a social seller is trusted, consumers will be willing to share personal information and regularly make purchases there, so they not have to share too much information with others CONCLUSION OF CHAPTER After studying the current situation of legal regulations and law enforcement on online commercial advertising services on the internet in Vietnam nowadays, the author comes to the following conclusions: Regarding the current situation of legal regulations, the legal system on commercial advertising in general and online commercial advertising still has legal loopholes Regarding the real situation of law enforcement, in general, there is a lack of an appropriate legal mechanism, especially for online commercial advertising services on the internet In addition, the current legal provisions are not enough to deter violations, lack of mechanism for handling violations Chapter DIRECTIONS AND SOLUTIONS TO COMPLETE THE LAW AND ENHANCE THE EFFICIENCY OF LEGAL ENFORCEMENT ON ONLINE COMMERCIAL ADVERTISING SERVICES ON THE INTERNET IN VIETNAM 4.1 Directions to complete the law and enhance the efficiency of legal enforcement on online commercial advertising services on the internet 4.1.1 The need to complete the law and enhance the efficiency of legal enforcement on online commercial advertising services on the internet Advertising is a trade promotion activity that plays an important role for businesses in a market economy On the one hand, online commerce advertising services have made important contributions to promoting ecommerce activities as well as other commercial activities in general, bringing a significant source of income for the participants On the other 21 hand, besides the attractions, the online commercial advertising service also contains unpredictable dangers in the new economic era - digital economy The above issues demonstrate the necessary role of the state in managing this business based on the provisions of the law in the relevant documents on advertising, commerce, or information technology However, the adjustment of legal documents also needs to meet certain requirements 4.1.2 Requirements for completing the law provisions and enhancing the efficiency of legal enforcement on online commercial advertising services on the internet Firstly, ensuring the freedom of advertisement and business of traders in online commercial advertisement services Secondly, ensuring the consistency of legal documents Thirdly, contributing to establish a healthy competitive environment and sustainable development 4.2 Solutions to complete the law and enhance the efficiency of legal enforcement on online commercial advertising services on the internet 4.2.1 Group of solutions to complete legal regulations on online commercial advertising services on the internet 4.2.1.1 Developing an additional legal document to adjust for online commercial advertising services on the internet 4.2.1.2 Registering personal information when joining the internet 4.2.1.3 Establishing tax legislation for online commercial advertising services on the internet 4.2.1.4 Adding some provisions to handle violations in online commercial advertising services on the internet 4.2.2 Group of solutions to enhance the efficiency of legal enforcement on online commercial advertising services on the internet 4.2.2.1 Developing state agencies managing online commercial advertisement services on the internet 4.2.2.2 Strengthening inspection and examination for online commercial advertising services on the internet 4.2.2.3 Strengthening the propagation and dissemination of laws on online commercial advertising services on the internet 22 CONCLUSION OF CHAPTER After researching the directions and solutions to perfecting legal regulations and improving the efficiency of law enforcement on online commercial advertising services on the internet, the author draws these following conclusions: Advertising is a trade promotion activity that plays an important role for businesses in a market economy In order to improve the regulations and enhance the efficiency of legal enforcement on online commercial advertising services, state management agencies should pay attention to the following issues: Firstly, ensuring the right to freedom of advertisement and freedom of business of traders in relation to online commercial advertising services on the internet; Secondly, ensuring the consistency of legal documents; Thirdly, contributing to establish a healthy competitive environment and sustainable development In order to adjust the online commercial advertisement which is blooming in Vietnam to be more effective, the author recommends a number of specific solutions 23 CONCLUSION With the goal of a healthy business environment, ensuring the legal rights for all parties involved and at the same time creating a driving force for economic development, the completion of a comprehensive legal system is an urgent task The study of the topic “Laws on online commercial advertising services on the Internet in Vietnam nowadays” has shed some light on the theoretical issues of online commercial advertising services, current regulations and enforcement practices in Vietnam This study aims to complete the legal provisions on online commercial advertising services on the internet in Vietnam Based on the research, the author draws the following conclusions: Online commercial advertising is a new trend of the advertising industry, compared to traditional advertising forms, characterized by this advertising activity is done in the internet environment Therefore, in terms of theory of online commercial advertising services on the internet, the author focuses on the following contents: conditions for providing online commercial advertising services, legal entities in online commercial advertising services, contracts for online commercial advertising services, state management in online commercial advertising services and protection of internet users’ interests in online commercial advertisement activities Because this is a new form of advertising booming in recent years, it is inevitable that the laws of the advertising industry in general still have inappropriate points and practical implementation of regulations This has revealed some limitations and shortcomings that greatly affect the legitimate rights of consumers, internet users and the whole society The author has analyzed, compared and assessed the provisions of law on online commercial advertising services From there, the author has also recommended some feasible solutions to continue perfecting the regulations on online commercial advertising services in the coming time with the orientation to continue developing this activity in the future and protecting the interests of consumers and internet users./ 24 LIST OF PUBLISHED RESEARCH WORKS RELATED TO THE THESIS Nguyen Thi Dan Phuong, Online commercial advertising Operational model and law orientation, Journal of Democracy and Law, Ministry of Justice, No (329) August 2019, page 28 Nguyen Thi Dan Phuong, Online commercial advertising Clarifying the concept and the necessary to build a legal framework, Journal of Education and Society, Association of Vietnam Universities and Colleges, Special issue August 2019, page 231 ... the law on online advertising services on the internet understood and what basic content does it include? Secondly, on the current situation of the law on online advertising services on the internet. .. situation of online commercial advertising services on the internet in Vietnam; since then, the thesis proposes directions and solutions to complete the law on online commercial advertising services. .. regulations on online commercial advertising services on the internet in Vietnam nowadays 16 3.1.1 Regulations on conditions for conducting online commercial advertisement service business on the internet