Vietnam to impose fines of up to $760 on unsubstantiated ‘Best,’ ‘Number One’ advertising claims

The regulation is stipulated in Clause 2, Article 50 of the government’s Decree No. 87/2026 on penalties for administrative violations in the fields of culture and advertising.

The decree took effect on May 15.

As per the degree, advertisers that make claims suggesting superiority or exclusivity must possess legal documentation proving the accuracy of such statements.

Violators may be fined between VND10 million ($380) and VND20 million ($760).

The decree also introduces additional penalties for repeat violations involving advertisements for health supplements.

Businesses that commit the offense two or more times within a six-month period shall have the right to use their product declaration registration receipt suspended for between five and seven months.

In addition, their advertising content certificate may be revoked for up to 24 months.

Offending organizations or individuals shall be required to remove, dismantle, or delete the advertisements.

Print newspapers and magazines containing the violating advertisements may be subject to recall.

Further guidance is provided under Article 3 of the Ministry of Culture, Sports and Tourism’s Circular No. 12/2026, which will take effect on July 5.

The circular specifies the types of evidence required when advertisers use terms such as ‘the best,’ ‘the only one,’ ‘number one,’ or similar expressions.

Acceptable supporting documents include market survey results conducted by legally established organizations with market research functions.

Other evidence is certificates awarded by competent authorities or organizations at national, regional, or international competitions and exhibitions through which products and services are officially ranked, evaluated, or recognized as ‘the best,’ ‘the only one,’ ‘number one,’ or an equivalent distinction.