Influencers and their legal responsibilities in providing information on products and services to costumer
At present, cooperation between enterprises and artists or influencers on online platforms for the purpose of advertising products has become increasingly prevalent and has generated considerable communication and marketing effectiveness. However, in addition to these benefits, practice has also witnessed numerous instances of violations of law, adversely affecting the lawful rights and interests of consumers. This gives rise to the question of what legal liabilities influencers must bear when providing information relating to products and services? The article below provides a more detailed analysis of the above issue.
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1. Pursuant to applicable legal provisions, how is an individual with influence defined?
Pursuant to Clause 1, Article 2 of Decree No. 55/2024/ND-CP detailing a number of provisions of the Law on Protection of Consumers’ Rights 2023, the following is provided:
“1. An ‘influencer’ means an expert, a reputable individual, or a person who attracts public attention in a specific field, sector or profession, who is sponsored in any form by a business organization or individual to use his or her image, advice or recommendations for the purpose of trade promotion or of encouraging consumers to purchase or use products, goods or services, falling within one of the following cases:
a) A person possessing qualifications, expertise or experience in a specific field, sector or profession, as recognized by a competent authority or organization;
b) A distinguished person with significant merits, contributions and reputation in society or in a specific field, sector or profession, as recognized by a competent authority or organization;
c) A person who attracts public attention and has a significant number of interested followers on the media, or who holds an account that meets the conditions for participation in advertising or business programs on digital platforms.”
2. Responsibilities of influencers when providing information on products and services to consumers
Pursuant to Clause 3, Article 22 of the Law on Protection of Consumers’ Rights 2023, the responsibilities of influencers when providing information on products, goods and services to consumers are prescribed as follows:
(i) To ensure the provision of accurate and complete information on products, goods and services supplied by business organizations or individuals, and on any related evaluation or rating program (if any);
(ii) To request business organizations or individuals to provide information, documents and means to substantiate the accuracy and completeness of information on products, goods and services;
(iii) To bear joint liability for the provision of inaccurate or incomplete information on products, goods and services, except where the influencer can prove that all measures prescribed by law have been taken to verify the accuracy and completeness of such information;
(iv) To give prior notice to consumers that he or she is sponsored to provide information on products, goods or services; and
(v) To comply with other relevant provisions of law.
In addition to the responsibilities of influencers as set out above, where an enterprise cooperates with an influencer to conduct advertising or introduce products, goods or services, the enterprise is also required to provide prior notice and publicly disclose to consumers the cooperative relationship with the influencer, in accordance with Point (h), Clause 1, Article 10 of the Law on Protection of Consumers’ Rights 2023.
3. Legal liability of influencers for breaches of obligations in providing information on products and services to consumers
Where an influencer fails to perform, or improperly performs, his or her obligations when providing information on products or services to consumers, depending on the specific acts, the nature, severity and damage caused by such violations, the influencer may be subject to the following legal liabilities:
(i) Administrative liability:
– For acts such as: (i) providing inaccurate or incomplete information on products, goods or services; and (ii) failing to give prior notice to consumers that the influencer is sponsored to provide information on products, goods or services: a fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed in accordance with Clause 2, Article 47 of Decree No. 98/2020/ND-CP, as amended by Clause 5, Article 1 of Decree No. 24/2025/ND-CP; and the violator shall be required to rectify inaccurate or misleading information in accordance with Clause 5, Article 47 of Decree No. 98/2020/ND-CP, as amended by Clause 5, Article 1 of Decree No. 24/2025/ND-CP.
– For the act of advertising cosmetics with effects similar to those of medicinal products, thereby causing consumers to misconstrue such products as medicines: a fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed, and the violator shall be required to rectify the information and remove, dismantle or delete the advertisement in accordance with Clause 4, Article 51 of Decree No. 38/2021/ND-CP.
– For the act of advertising functional foods in a manner that causes confusion as to their effects as medicinal products for disease treatment: a fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed, and the violator shall be required to rectify the information and remove, dismantle or delete the advertisement in accordance with Point (b), Clause 4, and Points (a) and (b), Clause 6, Article 52 of Decree No. 38/2021/ND-CP.
– For the act of false advertising regarding the nature, uses, quality, origin or source of animal feed, aquatic feed, substances for improving the livestock environment, or substances for improving the aquaculture environment: a fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed, and the violator shall be required to rectify the information and remove, dismantle or delete the advertisement in accordance with Article 60 of Decree No. 38/2021/ND-CP.
– For the act of advertising plant varieties inaccurately or in a misleading manner regarding the business capacity of organizations or individuals trading in plant varieties (including quantity, quality and selling price), or regarding label contents or trademarks: a fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed, and the violator shall be required to rectify the information and remove, dismantle or delete the advertisement in accordance with Point (c), Clause 1, and Clause 3, Article 61 of Decree No. 38/2021/ND-CP.
– For the act of advertising inaccurately or in a misleading manner regarding the business capacity or ability to supply products, goods or services of organizations or individuals trading in products, goods or services; or regarding the quantity, quality, price, uses, designs, packaging, trademarks, origin, types, service methods or warranty periods of other products, goods or services that have been registered or publicly announced: a fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed, and the violator shall be required to rectify the information and remove, dismantle or delete the advertisement in accordance with Clauses 5 and 8, Article 34 of Decree No. 38/2021/ND-CP.
(ii) Civil liability:
An influencer may be required to compensate consumers for damages in accordance with civil law if he or she fails to properly perform his or her obligations when providing information on products or services, thereby causing damage to the consumer’s property, health or mental well-being.
(iii) Criminal liability:
Depending on the nature, severity and consequences of the non-compliant conduct, an influencer may be subject to criminal prosecution for the offence of Deceptive Advertising under Article 197 of the 2015 Criminal Code, or for the offence of Defrauding Customers under Article 197 of the 2015 Criminal Code.
Accordingly, the Law on Protection of Consumers’ Rights 2023 and Decree No. 55/2024/ND-CP have established a clear legal framework, defining the legal liabilities of influencers when providing information on products and services to consumers. Compliance with these regulations constitutes a fundamental basis for ensuring a transparent business environment, fair competition and sustainable development, while also contributing to the protection of consumers’ lawful rights and interests, as well as their health and safety.
This article was prepared by Oanh Thai and Vy Le, with professional consultation from Lawyer Y Huynh.
This article is provided for general informational purposes only and should not be construed as legal advice for any specific case. The legal provisions referenced herein are effective as of the date of publication; however, they may have been amended, supplemented, replaced, or become invalid at the time of your reference. Therefore, we recommend that readers seek advice from a qualified lawyer before applying any information contained herein.
For any inquiries or legal service requirements, please contact CBI Law Firm for further assistance.
