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Welcome to Mind Mapping Marketing Laws! 🎯

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Welcome to Mind Mapping Marketing Laws! 🎯

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Welcome! As your teacher, I'm excited to guide you through this engaging activity. Mind mapping is an excellent way to understand the complex world of marketing legal controls. **Introduction Steps:** 
1. **Understand the Goal:** We'll create visual representations to help remember and connect different aspects of marketing regulations.
2. **Engage Actively:** Questions are welcome, so don't hesitate to ask.
3. **Create Framework:** Think of the mind map as building a story about marketing laws.

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Please prepare:
1. Digital mind mapping tool (I recommend XMind or MindMeister)
- OR -
2. Large paper sheets (A3 size preferred)
3. Colored markers/pens
4. Post-it notes (optional)
5. Access to internet for research

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Main Branches of Marketing Legal Controls

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Main Branches of Marketing Legal Controls

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Start by creating three main branches from your central topic:
1. Product Safety Regulations
2. Promotional Standards
3. Consumer Protection Laws

**Detailed Guide:**
1. **Structure Your Thoughts:** Begin with a central idea and branch out.
2. **Identify Sub-categories:** Divide each category into specific areas such as rules and requirements.
3. **Visual Arrangement:** Use your creativity in organizing the branches for clarity.

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Under Product Safety, include:
- Quality standards
- Safety testing requirements
- Packaging regulations
- Product labeling rules
- Health and safety warnings

Tip: Use different colors for each sub-branch to maintain visual clarity!

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For Promotional Standards, include:
- Advertising regulations
- Social media marketing rules
- Sales promotion limitations
- Direct marketing restrictions
- Truth in advertising requirements

Remember to leave space for adding examples!

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Understanding the New SEC Marketing Rule

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For each branch, add at least 2-3 real-world examples. For instance:

Product Safety:
- Samsung Galaxy Note 7 recall
- Food packaging standards in the UK
- Toyota airbag recall
- Cosmetics safety regulations

Promotional Standards:
- Social media influencer disclosure rules
- Traditional medicine advertising restrictions
- Fast food advertising regulations
- Environmental claims regulations on products

**Activity Instructions:**
1. Identify examples relevant to each regulation.
2. Research online or from provided materials.
3. Discuss in groups to gather various perspectives.
4. Document findings in your mind map.

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Local Context: Vietnamese Marketing Laws

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Local Context: Vietnamese Marketing Laws

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Include specific examples from the UK and other countries:
- ASA's advertising requirements
- Consumer Protection from Unfair Trading Regulations 2008
- GDPR's impact on digital marketing in Europe
- U.S. FTC regulations on truth in advertising

This helps make the content more relevant to our local and global context!

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International Trade Administration | Trade.gov

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Trade Promotion & Advertising

Advertising remains heavily regulated by the Vietnamese government. In principle, only companies licensed in Vietnam may place advertisements. Advertisements for tobacco and liquor (excluding beverages with alcohol content below 15% by volume) are prohibited in the mass media. Advertising for pharmaceuticals, agrichemicals, cosmetics, and toiletries requires registration and approval from the appropriate ministries, while the Ministry of Culture, Sports and Tourism must approve all advertising content. Arbitrary enforcement and interpretation of the regulations continue to hinder the development of the advertising industry. Limits on advertising and promotional expenditures exist for companies and are tied to a percentage of total sales. Since 2014, the current enterprise income tax law allows enterprises to spend up to 15% of their total spending on trade promotion and advertising, which is deductible against their taxable enterprise income.

According to the Vietnam Advertising Association (VAA), the country had approximately 6,000 domestic ad companies as of 2019, with the majority operating in Ho Chi Minh City. Vietnam hosts over 30 representative offices of the world's leading advertising companies, including WPP plc, J. Walter Thompson (a subsidiary of WPP), Dentsu, Omnicom, Interpublic, Publicis, Saatchi & Saatchi (a subsidiary of Publicis), and McCann. Foreign advertising firms are generally not permitted to directly sign contracts with local media agencies. Instead, they must partner with local advertising companies to implement ad campaigns in newspapers or TV commercials.

Television

Many foreign brand managers make heavy investments in television advertising campaigns. Over 90% of Vietnam's urban population own televisions. Nation-wide penetration is greater than 87%. There are approximately 60 local and one national broadcaster (VTV). With the emergence of satellite dishes and cable networks, many households also watch international networks (CNBC, CNN, StarTV). "Connected TV ad spending in the video advertising segment is projected to reach USD21.42m in 2022, which is expected to show an annual growth rate (CAGR 2022-2027) of 11.20%, resulting in a projected market volume of USD36.42m by 2027" (Digital Video Advertising, Market Forecast, Statista), reflecting that TV still offers the greatest potential in terms of total exposure.

Internet

With high internet and smart phone penetration (70% and 73.5% respectively), Vietnam's young consumer population obtains much of their information via mobile internet. Social media usage is large and growing. Thus, on-line promotion and outreach are increasingly important channels. Vietnamese consumers, especially those under the age of 35, frequently use Facebook, Instagram, YouTube, Zalo, and other social networking websites. The largest number of users are in the 18-24 age group. It is common to see young Vietnamese people tapping on their smartphones on the street, at home, in the office, restaurants or coffee shops.

The internet has an increasing influence on consumers' opinions. People carry out online research before buying items, check the latest trends and promotions and share experiences with other people through online forums and social networks. However, less than 60% of internet users shop online and the amount of money they spend is small because most remain skeptical of electronic payment methods. This is unlikely to change until internet security and online banking services improve. Nonetheless, Vietnamese people are keen users of the internet for searching for product information. Therefore, many small businesses use social networking sites to reach a large base of customers. Because of customers' skepticism of electronic payments, online sellers usually enable cash payment upon delivery. Whether they sell home-made food, clothing and beauty products or electronic gadgets, online stores are popular with many internet users.

Print Media

Despite facing increasing competition from online media and social media, print media remains an effective channel for advertising. Regulations place limits on space allocated for advertisements. There are over 350 newspapers and other publications in Vietnam, but few have nationwide circulation. Among the more popular publications are Thanh Nien (Young Adult), Nhan Dan (The People), Tuoi Tre (Youth), and Lao Dong (Labor). There are also quite a few international quality publications in circulation, including Nha Dep (Beautiful Home), Dinh Cao (Sports and Fitness), M (Fashion) and Phu Nu The Gioi (Woman's World), Gia Dinh & Tiep Thi (Family and Marketing). These latest publications are setting new standards for the quality of publishing in Vietnam. English newspapers and publications include the Saigon Times Daily, Vietnam News, Vietnam Economic Times, Thanh Nien English News, and Vietnam Investment Review.

Outdoor Advertising

Outdoor advertising ranges from billboards and signboards to public transport, building walls, bus stations, and wash and service stations, among others. Firms should confirm that the advertising agency has proper permits to lease the space. For example, billboard advertising in Ho Chi Minh City is restricted to the vicinity of the airport (per Circular 19/2013/TT-BXD dated Oct. 31, 2013). Advertising on articles such as umbrellas, scooters, etc. does not require a permit; however, it must comply with advertising regulations.

Radio

Radio advertising volume is growing due to the constant increase of personal cars, especially in the two largest cities of Hanoi and HCMC. According to Vietnam Registry, Vietnam has a total of over 4.5 million cars registered as of November 2021, and is forecast to continue to grow rapidly. In particular, the car market in Hanoi and HCMC is estimated to grow at an annual rate 17% and 15% respectively. Today, the audience of radio advertisements represents a cross-section of the population with increasing buying power. Two favorite radio broadcasters are Voice of Vietnam (VOV) and Voice of HCMC (VOH).

Trade Fairs

Trade fairs are numerous and cover a broad range of sectors and are generally becoming a more attractive and sophisticated method for product promotion and industry networking. Many exhibitions are co-sponsored by government ministries, state-owned enterprises, and industry associations. Common venues are the Giang Vo Exhibition Center, the National Convention Center, and the Viet-Xo Cultural House in Hanoi. In Ho Chi Minh City, the Reunification Palace, international hotels, the Ho Chi Minh City International Exhibition and Convention Center, and Saigon Exhibition and Convention Centre (SECC) are the main venues. Upcoming trade fairs can be found at https://tradepro.vn/vi/hoi-cho-trien-lam

Pricing

The overriding factor in pricing for the Vietnam market is the low level of per capita income. While consumers want quality and understand that quality comes at a premium, most buying decisions are highly price sensitive. Imported products generally must incorporate the following elements into the pricing structure: 1) Import agent fees; 2) Customs duty; 3) Value-added tax (VAT) in the range of 5 to 10% is levied on the landed cost when the goods change title; and 4) Luxury/Consumption Tax (especially on autos, beer and alcoholic beverages).

Price also plays an important role in consumer perception of the product. Although Vietnamese consumers expect to pay a premium for a foreign label or brand, in practice, the actual number of consumers who are willing to pay the higher price is limited. Market analysts agree that one notable exception to this generalization is big-ticket purchases of motorbikes, cars, and some fashion items that convey status and may also be considered an investment for long-term use. One important pricing cycle to note is linked to the Christmas Holiday and the Lunar New Year "Tet" celebration (several days between late January and mid-February, depending on the year). As there is a flurry of buying in the few months preceding these holidays and little activity immediately afterwards, price hikes and reductions follow accordingly. Savvy marketers also develop promotions and incentives surrounding these gift-giving holidays.

Sales Service/Customer Support

After-sales service and customer support are important components of a sale; purchasers of foreign products will expect access to a local provider, rather than from a regional base. This is especially true for State Owned Enterprises or government customers. Foreign firms should invest in customer service training for front-line local sales staff, as well as training for technicians.

Warranties are also an effective marketing tool to assure customers that they are buying a genuine, high-quality product. Foreign (offshore) suppliers are generally not permitted to directly provide after-sales service and customer support unless they have a licensed foreign investment project in Vietnam. Otherwise, a Vietnamese company must provide these services.

Local Professional Services

Branches and subsidiaries of foreign law firms in Vietnam are important partners for firms seeking to enter the market. Foreign law firms can hire licensed Vietnamese lawyers and trainee solicitors. Licensed Vietnamese lawyers working at foreign firms can provide formal legal opinions on matters of Vietnamese law. Although foreign lawyers who have not been admitted to the Vietnamese Bar Association cannot appear as representatives of their clients in Vietnamese courts, Vietnamese lawyers who work for foreign firms do so. The U.S. Commercial Service Offices in Hanoi and in Ho Chi Minh City maintain a list of foreign law firms with offices in Vietnam for reference purposes.

The American Chamber of Commerce has several reputable professional service providers, including consultants, accountants, advertising, freight-forwarders, etc. among its membership.

Principal Business Associations

American Chamber of Commerce Vietnam

AmCham Vietnam is a not-for-profit, non-governmental, and non-political voluntary membership association of the U.S. businesses in Vietnam. In addition, AmCham welcomes international firms whose business relations with the United States and/or U.S. firms are such that membership would help achieve their objectives. In Vietnam, there are AmCham chapters located in Hanoi ( AmCham Hanoi) and AmCham HCMC.

U.S. - ASEAN Business Council

The U.S.-ASEAN Business Council is an advocacy organization for U.S. corporations operating within the Association of Southeast Asian Nations (ASEAN), serving as a voice of the U.S. private sector in promoting mutually beneficial trade and investment relationships between the United States and Southeast Asia.

Vietnam Chamber of Commerce and Industry

The Vietnam Chamber of Commerce and Industry (VCCI) is a national organization which assembles and represents the business community, employers and business associations of all economic sectors in Vietnam. The purpose of VCCI is to protect and assist business enterprises, to contribute to the socio-economic development of the country, and to promote economic, commercial and technological co-operations between Vietnam and the rest of the world.

Limitations on Selling U.S. Products and Services

Since entering the U.S.-Vietnam Bilateral Trade Agreement in 2000, Vietnam has granted the United States Most Favored Nation status (Normal Trade Relations), where our imported goods are treated as locally produced goods (National Treatment). Since then, the bilateral trade relationship between the two countries has been steadily increasing. With Vietnam's commitment to the WTO, the country is in the process of liberalizing the trade and distribution of imported goods. However, there are still restrictions on the distribution of some products.

In general, the following goods are currently prohibited from import:

Weapons, ammunition, explosive materials, and military technical equipment.

Assorted firecrackers, sky lights, and equipment interfering with the road traffic, speech measuring instruments.

Eight categories of secondhand consumer goods.

Types of publications in the category prohibited from dissemination and circulation in Vietnam.

Postal stamps in the category prohibited from business, exchange, display, and propagation as prescribed by the Law on Post.

Radio equipment, equipment applying radio waves not in line with planning on radio frequency and relevant technical regulations in accordance with the Law on radio frequencies.

Cultural products in the category prohibited from dissemination and circulation in Vietnam or having issued decision on suspension of dissemination and circulation in Vietnam.

Many categories of vehicles.

Six categories of secondhand materials and transport facilities.

Chemicals prohibited in Appendix III of the Rotterdam Convention.

Plant protection agents prohibited from use in Vietnam.

Scrap and waste, refrigerating equipment using C.F.C.

Products, raw materials containing asbestos of the group of amphiboles.

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Vietnam - Selling Factors and Techniques

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Identifies common practices to be aware of when selling in this market, e.g., whether all sales material need to be in the local language.

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Once your main branches are complete:
1. Draw connections between related concepts
2. Use arrows to show cause-and-effect relationships
3. Highlight key terms or important regulations
4. Add brief notes explaining complex terms

**Further Steps:**
1. Program connections using digital tools or drawings.
2. Ensure the logic is clear and makes sense.
3. Collaborate with peers for feedback and improvement.

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When presenting your mind map:
1. Start from the center and explain each branch
2. Use your examples to illustrate each concept
3. Explain the connections you've made
4. Be prepared to answer questions about your examples

Good luck!