Since 01 January 2013, when the Law on Advertising 2012 (as amended and supplemented in 2025) took effect, the use in advertisements of the terms “best”, “only”, “number one”, “unique”, or other expressions of similar meaning without lawful supporting evidence has been prohibited.
Although the prohibition has existed for many years, detailed implementation guidance has only recently been issued under Circular No. 12/2026/TT-BVHTTDL, which will officially take effect on 05 July 2026.
I. Overview
1. What is advertising?
Legal basis: Article 2.1 of the Law on Advertising 2012, as amended and supplemented in 2025.
Advertising means the use of individuals or means of communication to introduce products, goods, services, organizations, or individuals engaged in the production or business of such products, goods, or services to advertising recipients.
2. Through which media may advertising be conducted?
Pursuant to Article 17 of the Law on Advertising 2012, as amended and supplemented in 2025, advertising may be conducted through, among others:
- Press and publications;
- Websites, electronic devices, terminals, and other telecommunications devices;
- Printed materials, audio recordings, video recordings, and technological devices;
- Billboards, banners, signs, light boxes, and advertising screens;
- Means of transportation;
- Fairs, seminars, conferences, events, exhibitions, cultural and sporting programs;
- Advertising objects and displays;
- Other advertising media as prescribed by law.
II. Regulations on the Use of the Terms “Best”, “Only”, “Number One”, “Unique” and Similar Expressions in Advertising
Legal basis: Article 8.11 of the Law on Advertising 2012, as amended and supplemented in 2025.
Advertisements using the above expressions without lawful supporting documents as prescribed by the Ministry of Culture, Sports and Tourism are considered prohibited acts.
Pursuant to Article 3 of Circular No. 12/2026/TT-BVHTTDL (effective from 05 July 2026), the following guidance applies:
1. Expressions with similar meanings (Article 3.1 of Circular No. 12/2026/TT-BVHTTDL)
Such expressions may be:
- Words or phrases;
- In Vietnamese or foreign languages;
- Intended to affirm a leading position, uniqueness, exclusivity, or absolute superiority of products, goods, or services.
2. Lawful supporting documents
Supporting documents may include:
- Market survey results issued by legally established market research organizations; or
- Certificates granted by competent authorities or organizations through national, regional, or international competitions, exhibitions, awards, rankings, evaluations, or recognitions confirming that the relevant products, goods, or services are “best”, “only”, “number one”, “unique”, or equivalent.
3. Validity period of supporting documents: Supporting documents may only be used within the validity period stated in the relevant certificate or market survey results.
4. Information required in advertisements
Advertisements must clearly and accurately specify:
- The name of the supporting document;
- Document number or reference code;
- Date of publication of the market survey results or date of issuance of the certificate.
5. Conditions for use of supporting documents
Supporting documents must:
- Ensure independence, objectivity, and accuracy;
- Not mislead consumers; and
- Comply with relevant legal regulations.
III. Legal Consequences of Violations
Pursuant to Article 50 of Decree No. 87/2026/NĐ-CP, the following penalties may apply to advertisements using the terms “best”, “only”, “number one”, “unique”, or similar expressions without lawful supporting evidence:
1. Monetary fine: A fine ranging from VND 10,000,000 to VND 20,000,000.
2. Additional sanctions:
- Suspension of the Product Declaration Registration Receipt for 05 to 07 months;
- Suspension of the Advertising Content Confirmation Certificate for 22 to 24 months in cases involving health supplement advertisements where violations occur at least twice within a six-month period.
3. Remedial measures:
- Mandatory removal, dismantling, or deletion of the infringing advertisement; or
- Mandatory recall of newspapers, magazines, or other printed advertising materials containing the violating content.
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