Some online newspapers and media agencies think that the regulation of the time to turn on and off ads not in a fixed area of ​​the online newspaper within 1.5 seconds is too fast, which will affect the advertising effectiveness. , reducing revenue, affecting the press economy and the development of electronic newspapers in the context of digital technology, especially when newspapers and businesses are facing many difficulties in financial autonomy due to the epidemic. like nowadays. Meanwhile, cross-border social networks and digital platforms are occupying an overwhelming market share in the advertising field such as Google, Facebook or Youtube… due to a simpler and more convenient mechanism than electronic newspapers because they are not regulated. by this provision. Therefore, it will inadvertently push the same ad units to redirect to cross-border ad networks. It should be affirmed that the activities of posting and broadcasting advertisements in the press must comply with the provisions of the Press Law and the provisions of the law on advertising. The purpose of Decree 38 is to protect readers and viewers from the current state of rampant and difficult-to-control advertising on electronic newspapers. Decree 38 does not restrict advertising activities of electronic newspapers, but stipulates that advertising needs to meet two requirements of viewers: One is that there is a key to turn it off (on), second, if there is an operation to turn it off (on), must respond immediately within 1.5 seconds, avoiding the case that readers have to watch ads that are forced, inhibiting, unable to fully and continuously receive information sources. This content is specified in Clause 1, Article 23 of the Law on Advertising 2012; and the sanctioning of violations is also available in Clause 3, Article 55, Decree No. 158/2013/ND-CP of the Government on sanctioning of administrative violations in the fields of culture, sports, tourism and advertising . It can be seen that the regulations on handling of violations mentioned above are not new to Decree 38, but have been implemented since 2013. Objects, acts and sanctioning levels in the two decrees are the same and suitable. accordance with the provisions of the Law on Advertising. Thus, the implementation of Decree 38 in the current context will not affect the revenue of electronic newspapers. Newspapers in general and electronic newspapers in particular are essential information channels, operating under the Press Law. For each type of press, there are separate regulations on advertising. Social networking platforms, Youtube channels, etc. have different operational purposes and interactive objects, so it is not possible to rigidly apply regulations on advertising on social networks like newspapers. However, in the trend of digital transformation of newspapers, electronic newspapers are dominating thanks to the popularity of the internet and mobile devices. Advertising on electronic newspapers is effective due to its fast and wide coverage. Activities of digital media are also changing day by day. Therefore, the Ministry of Culture, Sports and Tourism needs to coordinate with the Ministry of Information and Communications in researching, amending and supplementing the contents of advertising activities in the press, coordinating with relevant ministries and branches to regulate the advertising activities in the press. adjust and complete the legal framework for advertising activities in accordance with reality; suitable to the needs, psychology and tastes of modern readers as well as complying with the law, cultural and ethical standards of society. That necessary adjustment will also contribute to promoting fair and legal business activities of enterprises as well as healthy economic activities of press agencies. It is known that the Ministry of Information and Communications will review the provisions of Decree 38, including the content of advertising on social networks and cross-border digital platforms, inspect, check and promptly handle the time of violations of the law on advertising, propose amendments in line with the current development trend, creating fairness in press and communication activities.

For Mr. Nguyen Van Hau: A fine of 70,000,000 VND (Seventy million VND) as prescribed in Clause 3 Article 5, Point dd Clause 2 and Clause 5 Article 33 of Decree No. 156/2020/ND-CP dated 31/03 12/2020 of the Government on sanctioning of administrative violations in the field of securities and securities market. Because there has been an administrative violation: Not disclosing information about the expected transaction (January 25, 2021, Mr. Nguyen Van Hau is a person related to Mr. Nguyen Van Hung – Member of the Board of Directors of Hanoi Southern Urban and Housing Development Investment Corporation (stock code: NHA) sold 205,000 NHA shares (equivalent to VND 2,050,000,000 par value of NHA shares) but did not disclose information about the expected deal). For Mr. Dao Minh Tuan: A fine of VND 25,000,000 (Twenty-five million VND) as prescribed in Clause 3, Article 5, Point a, Clause 4, Article 33 of Decree No. 156/2020/ND-CP dated December 31st/ 2020 of the Government stipulating the sanctioning of administrative violations in the field of securities and the securities market. Because there was an administrative violation: Disclosure of information on time when owning 5% or more of the voting shares of a public company (December 15, 2020, Mr. Tuan bought 829,946 shares of Saigon General Services Joint Stock Company (stock code: SVC) and became a major shareholder of Saigon General Services Joint Stock Company. Ho Chi Minh City Stock Exchange has just received the report of becoming a major shareholder of Mr. Dao Minh Tuan.

Online advertising will be crowned From June 1, Decree 38 on sanctioning of administrative violations in the field of culture and advertising will officially take effect. However, a few days ago, the Vietnam Advertising Association in its petition pointed out a number of shortcomings in this new Decree, which is the sanctioning regulation “Waiting time to turn off or open ads is not fixed area exceeding 1.5 seconds” and “Design and layout advertising mixed with news content”. 80% OF CAKES ARE INTO FACEBOOK, GOOGLE BAGS According to the analysis in the petition of the Vietnam Advertising Association signed by Standing Vice Chairman of the Association Nguyen Truong Son as well as shared by businesses in the industry, the regulations on “Waiting time to turn off or open advertising reports that do not stay in a fixed area beyond 1.5 seconds” is unrealistic, too short to be able to convey the message. Compared with cross-border advertising platforms, the current interface allows viewers to skip ads in as little as 5 seconds. Sharing with VnEconomy, an expert in the field of advertising said that, in theory, businesses will spend advertising money on channels that have many viewers, and bring high efficiency. So when advertising in any channel is difficult, businesses will look to another channel… According to the report Vietnam Digital Marketing Trends 2021, the size of the online advertising market in Vietnam in 2020 is estimated at 820 million USD. It is forecasted that in 2021, this revenue will reach about 955 million USD. In which, up to 80% of the “piece of cake” of revenue goes to Google, Facebook … In the context of industrial revolution 4.0, online advertising is increasingly popular. Leading in terms of market share, online advertising sales in Vietnam are currently cross-border platforms Facebook and Google. And with the above regulation, this expert said that in the coming time, not only 80% of advertising money will flow into the pockets of “giants” but even more. Although the state encourages brands to advertise in Vietnamese newspapers, with such tightening regulations, businesses and brands will have to turn to advertising on cross-border platforms such as Facebook, YouTube… Thus, if advertising in the press of domestic enterprises is being tightened by the strict regulations of this Decree, cross-border advertising enterprises are naturally benefited by the standard , their operating principles as well as we have not been able to handle the violations of these platforms when they are not based in Vietnam. This has created an unequal competition between domestic advertising enterprises/press agencies and cross-border advertising networks… A representative of the Vietnam Advertising Association said that this will certainly affect the revenue of electronic press agencies that mainly rely on advertising. If the advertisement is published on electronic newspapers for only 1.5 seconds and is not inserted into the content, then no business wants to advertise because it will not be effective. Mr. Nguyen Quang Nhat, Chairman of Ho Chi Minh City Outdoor Advertising Club shared, the number of advertising businesses and agencies in Vietnam is quite large, but in fact, collecting 10 dong, they had to spend 7 dong on Google and Facebook. Advertising funding for news agencies will be increasingly difficult. According to a business with more than a decade of experience in online advertising, the press is currently caught between the problem of charging readers and users and collecting advertising fees. Since there are no user fees, newspapers can only charge from advertising activities. In the advertising fee collection there are a number of formats and if specified to only 1.5 seconds is too short, lacks factual basis and needs to be studied to extend the time. Currently, advertising platforms on OTT like YouTube are usually 5-6 seconds and have a warning to users that they can/will be off after how many seconds… KEY KEYS NEED TO CORRECT ADVERTISING LAW International practice, with free press similar to Vietnam, advertising is allowed to be interspersed with news/article content and customized based on the audience reading the newspaper. Readers have the right to click to view or skip the advertising content. The act of “Designing and arranging advertisements mixed with news content” is one of the administrative violations to be handled. Although this regulation is aimed at protecting the interests of readers, it is not fair in ensuring the rights of individuals/organizations purchasing advertising services as well as businesses providing advertising services. The tools to reach customers through mainstream media products are narrowed, causing obstacles and difficulties for the advertising industry. According to businesses, this new regulation will help readers have a cleaner online newspaper space, no longer bothered by ads. This Decree will prevent the phenomenon of many news sites abusing the form of contextual advertising, confusing readers as well as consumers. In the coming time, these regulations will also become obsolete because the trend of online advertising will take the throne with many different forms of attracting attention; application of technology platforms, cross-border Internet platforms. Therefore, it will become increasingly difficult for the press to call for advertising as advertising will flow into other applications. This business thinks that, with pages that have too many ads and are annoying, it is easy for bored readers to leave and not re-enter. A newspaper without readers cannot call for advertising and hardly survive. Newspapers themselves will have to adjust this issue accordingly and especially improve the quality of information content. Advertising and content must always be tied together. If the information is not good, the number of viewers is small, the advertising is no longer available, the press will have a hard time surviving and vice versa. However, even newspapers that invest in quality articles and respect their readers, with this advertising regulation, will still violate… In fact, the waiting time to turn off or open ads in a fixed area does not exceed 1.5 seconds, which is specified in the Law on Advertising, the implementing Decree and is now repeated. But because it is unreasonable, in the past 10 years, no unit has been fined under this regulation. However, according to Mr. Son, when Decree 38 was issued, we understand that the government is very interested in this, focusing on discipline, all citizens must obey the law, from June 1 onwards. All parties must strictly comply and violations will be punished. To overcome the above shortcomings, a representative of the Vietnam Advertising Association said that Decree 38 is a sub-law document, so it is impossible to violate the law. Therefore, the most important thing is to petition the Government to submit to the National Assembly to amend the Law on Advertising.

Inspector of Hanoi Department of Information and Communications sanctioned Mr. Tran Van Duy for administrative violations. On May 10, the Hanoi Department of Information and Communications issued Decision No. 53/QD-XPVPHC, sanctioning an administrative violation against Mr. Tran Van Duy for providing false information. Specifically, at 19:30 on May 4, Mr. Tran Van Duy (born in 1982 in Hoang Liet ward, Hoang Mai district, Hanoi) used a personal facebook page named “Hanoi Pho” ( address: https://www.facebook.com/hanoiphotv) posted information “Hanoi street is open in the first day of blockade”, accompanied by a video about Hanoi street experience, false information content In fact, violating the provisions of Article 5 of Decree No. 72/2013/ND-CP dated July 15, 2013 of the Government on management, provision and use of Internet services and online information. Facebook account “Hanoi Pho” is a personal electronic information page set up by Mr. Tran Van Duy, through the use of the social network facebook to provide and share information. According to the above regulations, Mr. Duy is only allowed to post personal information, however, Mr. Tran Van Duy has posted on this account information about Hanoi’s cuisine and information about the Covid-19 epidemic. Pursuant to Point a, Clause 3, Article 99 of Decree No. 15/2020/ND-CP dated February 3, 2020 of the Government providing for penalties for administrative violations in the fields of post, telecommunications, radio frequencies, With regard to information technology and electronic transactions, the Inspector of Hanoi Department of Information and Communications has fined Mr. Tran Van Duy for an administrative violation with an amount of VND 12.5 million. The remedy is to force the removal of the offending information.

Tran Van Duy, the owner of the Facebook account “Hanoi Pho” was fined 12.5 million VND for posting false information Specifically, at 19:30 on May 4, 2021, Mr. Tran Van Duy used his personal Facebook page named “Hanoi Pho” to post information “Hanoi Street Thong Thong Thong Day”. The #hnp blockade head is accompanied by a video about Hanoi street experiences on May 4, 2021, with false information content, violating the provisions of Article 5 of Decree No. 72/2013/ND-CP dated May 4, 2021. 15/7/2013 by the Government to manage, provide and use Internet services and information on the network. According to Clause 4, Article 20 of Decree No. 72/2013/ND-CP dated July 15, 2013 of the Government on management, provision and use of Internet services and online information: “Personal information website is Website established by an individual or through the use of social networking services to provide and exchange information of that individual, not on behalf of other organizations or individuals, and not provide aggregate information”. The facebook account “Hanoi Pho” is a personal electronic information page set up by Mr. Tran Van Duy through the use of the social network facebook to provide and share information. According to the above regulations, Mr. Duy is only allowed to post personal information, however, Mr. Tran Van Duy has posted on his facebook account “Hanoi Pho” information about Hanoi’s cuisine and information about the COVID-19 epidemic. . Through verification, the Inspector of Hanoi Department of Information and Communications confirmed that the content of the information posted above is untrue and violates the provisions of Article 5 – Decree No. 72/2013/ND-CP dated 15 July 2013 by the Government to manage, provide and use internet services and information on the network. Pursuant to Point a, Clause 3, Article 99 – Decree No. 15/2020/ND-CP dated February 3, 2020 of the Government providing for penalties for administrative violations in the fields of post, telecommunications, radio frequency On electricity lines, information technology and electronic transactions, the Inspector of Hanoi Department of Information and Communications fined 12.5 million VND for administrative violations against Tran Van Duy. Currently, Tran Van Duy has removed false information on his Facebook account.

Penalty for Facebook account holder for posting false information about Covid-19 translation Specifically, at 19:30 on May 4, 2021, Mr. Tran Van Duy used his personal website facebook called “Ha Noi Pho” (address: https: //www.facebook. com / hanoiphotv) publishes the information “Hanoi Thong Tho Street in the First Day of Blockade #hnp” together with 01 video about Hanoi street experience dated May 4, 2021, content is false information, violation provisions in Article 5 of the Government’s Decree No. 72/2013 / ND-CP dated July 15, 2013 on management, provision and use of Internet services and online information. According to Clause 4 Article 20 of the Government’s Decree No. 72/2013 / ND-CP dated July 15, 2013 on management, provision and use of Internet services and online information: “Personal websites are Personal website means an website established or established by an individual through the use of social networking services to provide and exchange information of that individual, not representing the team. organizations or individuals and do not provide aggregate information “. The facebook account “Hà Nội Phố” is a personal website set up by Mr. Tran Van Duy through the use of facebook social networks to provide and share information. According to the above regulations, Mr. Duy can only post personal information, however, Mr. Tran Van Duy has posted on his facebook account “Hà Nội Phố” information about Hanoi cuisine and information about translation Covid-19. . Pursuant to Point a, Clause 3, Article 99 of the Government’s Decree No. 15/2020 / ND-CP dated February 3, 2020, providing for the sanctioning of administrative violations in the fields of post, telecommunications and radio frequency, In information technology and electronic transactions, the Inspector of the Hanoi Department of Information and Communications sanctioned Mr. Tran Van Duy an amount of 12.5 million VND. Remedy: Forcible removal of infringing information. At the same time, Mr. Duy has removed the infringing information.

Facebooker posting false news is sanctioned for administrative violations Accordingly, at 19h30 on 4-5-2021, Mr. Tran Van Duy used a Facebook page called “Ha Noi Pho” (address: http://www.facebook.com/hanoiphotv) published the information ” Hanoi city is clear on the first day of blockade # hnp # ”with a video about Hanoi street experience on 4-5-2021. This is the content of false information, violating the provisions of Article 5, Decree No. 72/2013 / ND-CP dated July 15, 2013 of the Government on the management, provision and use of Internet services and information on the Internet; Regulations on sanctioning of administrative violations in Point a, Clause 3, Article 90 of Decree No. 15/2020 / ND-CP dated February 3, 2020 of the Government stipulating the sanctioning of administrative violations in the postal sector telecommunications, radio frequency, information technology and electronic transactions. Notably, the Facebook account “Ha Noi Pho” is a personal website set up by Mr. Tran Van Duy through the use of social networks Facebook to provide, share information and culinary experiences at Hanoi. Mr. Tran Van Duy was sanctioned for an administrative violation of VND 12.5 million and forced to remove violating information.