Enterprises face fines of up to 20 million VND when doing advertising from July 5, 2026

From July 5, 2026, Circular No. 12/2026/TT-BVHTTDL, detailing a number of articles of the Law on Advertising and the Decree detailing a number of articles of the Law on Advertising officially took effect. Notably, the Circular clearly stipulates documents proving when advertising uses the words “first”, “unique”, “best”, “number one”.

According to Clause 11, Article 8 of the Law on Advertising 2012, amended and supplemented in 2025: 

“Article 8. Prohibited acts in advertising activities:

[…]11. Advertising that uses the words “most”, “unique”, “best”, “number one” or words of similar meaning without legal documents proving according to the regulations of the Ministry of Culture, Sports and Tourism.”

Enterprises that perform advertising using the words “most”, “unique”, “best”, “number one” or words with similar meanings to not violate prohibited acts must have legal documents to prove. On May 22, 2026, the Minister of Culture, Sports and Tourism issued Circular 12/2026/TT-BVHTTDL, providing more specific instructions on what “similar meaning words” and legal documents prove it. According to regulations. 

Pursuant to Article 3 of Circular 12/2026/TT-BVHTTDL, the word has the same meaning for “best”, “unique”, “best”, “number one” which is understood as words and phrases in Vietnamese or foreign languages affirming the leading position, Individuality or absoluteness of products, goods and services. Regulations on words with similar meanings show that the law is not only limited to four specific words, but also extends to other expressions of the same absolute affirmation, requiring businesses to carefully review the advertising content, not only stopping at avoiding the use of the four words “most”, “Only”, “Best”, “Number One”.

Also according to Article 3 of Circular 12/2026/TT-BVHTTDL, stipulating that legal documents include two types: market survey results of established and legally operated organizations, with market research function; or a certificate issued by a competent authority or organization at contests, exhibitions, awards of national, regional or international voting, rating, evaluation and recognition of products, goods and services as “best”, “unique”, “best”, “number one” or Words have the same meaning. The duration of use of these materials on advertising products is limited to the duration of the certificate or the corresponding market survey results. These documents are only used when ensuring independence, objectivity and honesty; Documents do not cause confusion for consumers and are in accordance with relevant laws. 

 

In the case of an advertising enterprise using the words “first”, “unique”, “best”, “number one” or words with similar meanings but without legal documents to prove that they will be fined according to regulations. Pursuant to Clause 2, Article 50 of Decree No. 87/2026/ND-CP stipulating a fine of between VND 10,000,000 and VND 20,000,000 for the act of “advertising using “most” words, “Only”, “best”, “number one” or words have the same meaning without legal documents proving according to regulations”. Thus, for advertising acts using the most, unique, best or words with similar meanings without legal documents proving that they will be fined up to 20 million VND.

The provisions of Circular 12/2026/TT-BVHTTDL, effective from July 5, 2026, do not create a completely new ban but is a step to concretize regulations already from the Law on Advertising. With the clarification of the concept of “words with similar meanings” and the list of legal documents, the state management agency will have a clearer basis to handle violations. Enterprises and advertising units need to actively update the law and actively review the content of the ads in accordance with regulations to avoid unnecessary legal risks.