Hanoi [Vietnam], July 25: Amidst the uproar surrounding the '3 billion VND crown found to be entirely made of fake diamonds', the question arises: are the organizers violating advertising laws?
Recently, the controversy surrounding the investigation into the alleged fake diamonds on the 3 billion VND crown has attracted much attention. Besides awaiting responses from the organizers and the beauty queen, many people have also questioned the legality of the case.
Lawyer's opinion
Speaking with us, lawyer Ha Thi Kim Lien (Phan Law Vietnam Law Office) stated that according to regulations, if the organizing committee or related entity communicates that the crown is worth billions of VND while its actual value is not as stated, it may be considered an act of advertising that does not ensure honesty or misleads the public, if the information about the crown's value is used as advertising content to attract contestants, audiences, sponsors, or for business purposes.
However, the lawyer also clarified that determining whether or not a violation occurred must be assessed based on specific documents and evidence of the case, including the manner in which the information was published, the basis for determining the value of the crown, the purpose of using the information in advertising activities, and the extent to which that information influenced public perception and decisions.
The lawyer also stated that the extent to which the rights of the audience and the winning contestants are affected in this case depends on whether the information about the value of the crown was an advertisement or a commitment from the organizers.
For prize winners, legal rights are determined primarily based on the competition rules, contracts, regulations, and official commitments of the organizing committee. According to Article 3 of the 2015 Civil Code, "the principle of good faith and honesty must be ensured in the process of establishing and fulfilling civil rights and obligations"; and according to Article 385 of the 2015 Civil Code, "A contract is an agreement between parties regarding the establishment, modification, or termination of civil rights and obligations." If the organizing committee has committed to awarding a prize of a specific value but fails to fulfill its commitment, the winner has the right to demand that the organizing committee fulfill its obligations and/or claim compensation for damages if they can prove actual damages incurred, as stipulated by law.
Source: Thanh Nein Newspaper
