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NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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Law
No. 16/2012/QH13
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Hanoi,
June 21, 2012
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LAW
ON ADVERTISING
Pursuant to the Constitution 1992
of the Socialist Republic of Vietnam amended and supplemented under the
Resolution No. 51/2001/QH10;
The National Assembly
promulgates the Law on Advertising
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation
1. This Law specifies the
advertising activities ; the rights and obligations of organizations and
individuals participating in advertising activities; the State management of
advertising.
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Article 2.
Interpretation of terms
In this Law, the following terms
are construed as follows:
1. Advertising is the employment
of various means in order to present the public with the profitable products,
goods and service; non-profitable products and services; organizations and
individuals trading and providing the presented products, goods and services,
except for news, social policies; personal information.
2. Profitable services are
services aiming to make profit for the organizations and individuals that
provide such services; non-profit services are services serving the social
interests that do not make profit for the organizations and individuals that
provide such services.
3. Advertisements include the
contents and forms of advertising demonstrated using graphics, sounds,
voices, text, symbols, colors, lights and similar forms.
4. Advertising promotions are
activities of seeking and boosting the opportunity to sign the advertising
contract.
5. Advertisers are organizations
and individuals that demand to advertise their products, goods and services, or
to advertise themselves.
6. Advertising service providers
are organizations and individuals that perform one, a number of, or all the
phases of an advertising process under the advertising contract with the
advertiser.
7. Advertisement publishers are
organizations and individuals using means of advertising under their management
to present the advertisements to the public, including the press, publishers,
website owners, organizers of sports events and cultural programs, and the
organizations and individuals using other means of advertising.
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9. Advertisement receivers are
people that receive information from the advertisements via means of
advertising.
10. Advertisement duration is
the duration of broadcasting an advertisement on a channel, a TV program, and
radio program; the advertisement duration in the total duration of a sports
event or cultural program; the advertisement duration in a audio, video record,
and other technological devices.
11. The advertisement area is
the part displaying the advertisements on newspapers, video newspapers,
electronics newspapers, websites, publications, billboards, means of transport
or other similar means of advertising
12. Special products, goods
and services are products, goods and services that directly affect the human
health and the environment.
13. Advertising screens are
means of advertising using electronic technology to convey the advertisements,
including LED, LCD screens and similar forms.
Article 3.
The State policies on advertising
1. Protecting the lawful rights
and interests of organizations and individuals in advertising activities.
2. Facilitating organizations
and individuals’ developing the advertising forms and improve the advertising
quality.
3. Encouraging organizations and
individuals to study, apply modern science and technology to the design and
construction of advertisements, efficiently invest in advertising.
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5. Expanding the international
cooperation in advertising.
Article 4.
State management of advertising
1. Promulgating and organizing
the implementation of the legal documents on advertising.
2. Formulating and directing the
strategies, planning, plans and policies on advertising development.
3. Disseminating the law on
advertising.
4. Guiding the researches and
application of science and technology to advertising.
5. Guiding and organizing the
implementation of the professional training provision for the advertising
workforce.
6. Organizing the commendation
in advertising.
7. Getting international
cooperation in advertising.
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Article 5.
State management responsibilities for advertising
1. The Government shall unify
the State management of advertising.
2. The Ministry of Culture,
Sports and Tourism is responsible to the Government for the State management of
advertising.
3. The Ministries and
ministerial-level agencies are responsible to cooperate with the Ministry of
Culture, Sports and Tourism in performing the State management of advertising
within their scope of duties and authority.
4. People’s Committees all
levels are in charge of the State management of local advertising activities
within their authority
Article 6.
Advertising contract
The cooperation among the
subjects in advertising activities must be concluded in the advertising contract
as prescribed by law.
Article 7.
Products, goods and services banned from advertising
1. Goods and services banned
from trade as prescribed by law.
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3. Wine that contains 150
alcohol or above.
4. Dairy being breast milk
substitute for children under 24 months old, dietary supplements for children
under 06 months old; artificial feeding bottles and pacifiers
5. Prescription drugs,
non-prescription drugs recommended by competent State agencies to use
restrictively or under the doctor’s supervision.
6. Pornographic products.
7. Shotguns and cartridges,
sporting weapons and products that might incite violence.
8. Other products, goods and
services banned from advertising specified by the Government depending on the
actual requirements.
Article 8.
Prohibited acts in advertising
1. Advertising the products,
goods and services specified in Article 7 of this Law.
2. Using advertisements that
reveal the State secrets, harm the independence and National sovereignty,
National defense and security.
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4. Using advertisements that
affect the urban scenery, the traffic safety and the social order.
5. Using advertisements that degrade
the respectability of the National flag, the National emblem, the National
anthem, the Party’s flag, national heroes, cultural celebrities, the leaders of
the State and the Party.
6. Using advertisements that
express racial discrimination, sexual discrimination, prejudice against
disabled people, or violate the freedom of belief and religion.
7. Using advertisements that
offend the prestige, honor and dignity of other organizations and individuals.
8. Using advertisements that
contain other people’s pictures, words or text without obtaining their consent,
unless otherwise permitted by law.
9. Advertising incorrectly or
causing confusion about the business competence, the ability to provide
products, goods and services of organizations and individuals trading and
providing such products, goods and services; about the quantity, quality,
prices, features, designs, package, brand name, kinds, method of service,
warranty duration of the registered or announced products, goods and services.
10. Advertising using direct
comparison of the prices, quality and efficiency of their products, goods and
services to that of the other’s products, goods and services of the same kind.
11. Advertising using the words
“best”, “the best”, “only”, “number one” or words with similar meaning without
legitimate documents proving so as prescribed by the Ministry of Culture,
Sports and Tourism.
12. Advertising using unhealthy
competition contents as prescribed by law provisions on competition.
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14. Using advertisements that
make children think, speak and act against the traditional customs and ethics,
negatively affect the children’s health, safety or natural development.
15. Forcing other agencies, organizations
and individuals to make advertisements or receive advertisements involuntarily.
16. Hanging, placing, painting
advertisements on electric poles, traffic lights and public trees.
Article 9.
Advertisement Appraisal Council
1. Advertisement Appraisal
Council is an advisory organization affiliated to the Ministry of Culture,
Sports and Tourism, assisting the Minister in considering and drawing
conclusion about the conformity of the advertisements to the law provisions
when organizations and individuals request the advertisement appraisal
2. The Advertisement Appraisal
Council include the representatives from the Ministry of Culture, Sports and
Tourism, professional organizations of advertising and experts from relevant
fields.
3. The Ministry of Culture,
Sports and Tourism shall elaborate the organization and activities of the
Advertisement Appraisal Council.
Article 10.
Professional organizations of advertising
1. Professional organizations of
advertising are established and operate under the law provisions.
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a) Protect the lawful rights and
interests of their members;
b) Formulate, submit the code of
professional conduct in advertising to the Ministry of Culture, Sports and
Tourism for approval, and organize the implementation of such code.
c) Participate in formulating
and the strategies, plans and policies on advertising development; the legal
documents, technical regulations and standards of advertising and outdoor
advertising planning;
d) Nominate representatives and
experts to join the Advertisement Appraisal Council at the request from
competent State management agencies.
dd) Conducting researches and
application of science and technology to advertising; providing consultancy,
information, professional training in advertising techniques and professional
ethics
e) Promote healthy competition
in order to develop the advertising market and improve the advertisement
quality;
g) Cooperate with State
management agencies to propagate and disseminate the law provisions on
advertising, strengthen consumers’ belief;
h) Other duties and entitlement
as prescribed by law.
Article 11.
Handling violations of advertising
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2. Individuals committing
violations of this Law and other relevant law provisions shall be disciplined,
liable to administrative sanctions or criminal prosecution depending on the
nature and extent of the violations, and pay compensation for the damage (if
any) as prescribed by law.
3. State management agencies of
advertising must be responsible for their decisions and pay compensation for
the damage caused by their incorrect decisions as prescribed by law.
4. The Government shall specify
the acts of violations, forms and rates of administrative sanctions against the
violations of advertising.
Chapter II
RIGHTS AND OBLIGATIONS
OF ORGANIZATIONS AND INDIVIDUALS IN ADVERTISING
Article 12.
Rights and obligations of advertisers
1. Advertisers are entitled to:
a) Advertise their products,
goods, services, organization and individual;.
b) Make decisions on the forms
and methods of advertising;
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d) Request advertisement
appraisal;
2. Advertisers have the
following obligations:
a) Providing the advertising
service providers or advertisement publishers with accurate information about
the agencies, organizations, individuals, products, goods, services and the
documents related to the advertising conditions and being responsible for such
information.
b) Ensuring that the product,
goods and service quality is consistent with the advertisements;
c) Being responsible for their
advertisements when directing advertising on the means of advertising; or being
jointly responsible for the advertisements when hiring others to advertise;
d) Providing documents related
to the advertisements at the request from the advertisement receiver or
competent State agencies.
3. Other obligations and rights
as prescribed by law.
Article 13.
Rights and obligations of advertising service providers
1. Advertising service providers
are entitled to:
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b) Receive accurate and truthful
information from the advertiser about the advertised organizations,
individuals, products, goods, services and the documents related to the
advertising conditions;
c) Participate in the
formulation of the local advertising planning and receive information from
local agencies in charge of advertising about the approved outdoor advertising
planning;
d) Request advertisement
appraisal;
2. Advertising service providers
have the following obligations:
a) Operating within the range
specified in the Certificate of business registration and observing the law
provisions on advertising;
b) Examining the documents
related to the advertising conditions of the advertised organizations,
individuals, products, goods and services, and implement the relevant
procedures under the advertising contract;.
c) Being responsible for the
advertisements that they directly make;
d) Providing documents related
to the advertisements at the request from the advertisement receiver or
competent State agencies.
3. Other obligations and rights as
prescribed by law.
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1. Advertising on their means
and collecting service charges as prescribed by law.
2. Examining the documents
related to the advertising conditions of the advertised organizations,
individuals, products, goods and services
3. Providing the documents
related to the advertisements at the request from the advertisement receiver or
competent State agencies.
4. Performing the signed
advertisement publication contracts and being directly responsible for the
advertisements put on the means of advertising under their management.
5. Request advertisement
appraisal;
6. Exercising and fulfilling
other rights and obligations as prescribed by law.
Article 15.
Rights and obligations of the lessor of means and place of advertising
1. Choosing the advertisers and
advertising service providers.
2. Being responsible for the
legitimacy of the lease of the place, the means of advertising, and their
safety; fulfilling the obligations in the signed lease contracts
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4. Exercising and fulfilling
other rights and obligations as prescribed by law.
Article 16.
Rights and obligations of advertisement receivers
1. Being entitled to receive
truthful information about the quality, features and effects of the products,
goods and services.
2. Being entitled to refuse
advertisements.
3. Being entitled to request the
advertiser or the advertisement publisher to pay compensation when the
products, goods and services are inconsistent with the technical regulations
and standards, the quality, quantity, features, effects and prices or other
contents advertised by organizations and individuals.
4. Being entitled to denounce or
file lawsuits as prescribed by law.
5. When denouncing or claiming
compensation, the documents and evidence of the violations of law provisions on
advertising must be provided for State management agencies, and the damage
cause by the advertisements must be proved. The advertisement receiver is
entitled to request the advertising service providers, advertisement publishers
or advertisers to provide documents related to the advertisements.
Chapter
III
ADVERTISING ACTIVITIES
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Article 17.
Means of advertising
1. Newspapers
2. Websites, electronic
equipment, terminal devices and other telecommunication devices.
3. Print media, audio records,
video records and other technological equipment.
4. Billboards, banners,
signboards, advertising screens
5. Means of transport
6. Fairs, seminars, conventions,
events, exhibitions, sports events and cultural programs
7. Advertisement conveyors;
objects of advertisements.
8. Other means of advertising as
prescribed by law.
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1. The advertisement content
must be expressed in Vietnamese, except for the following cases:
a) The brand name, slogan, trade
mark or proper name is in foreign languages, or internationalized words that
cannot be substituted by Vietnamese;
b) Books, websites and print
media permitted to be published in Vietnam’s ethnic languages, foreign
languages; radio, television broadcasts in Vietnam’ ethnic languages or foreign
languages.
2. For advertisements that
contain both Vietnamese and the foreign language, the foreign font size must
not exceed three quarters of the Vietnamese text and must be placed below the
Vietnamese text; on radio, TV or other audio-visual media, the Vietnamese must
be spoken before the foreign text
Article 19.
Requirements for advertisement contents
1. Advertisement contents must
be truthful, accurate and clear without causing damage to producers, traders
and advertisement receivers.
2. The Government shall specify
the requirements for the advertisement contents of special products, goods and
services.
Article 20.
Advertising conditions
1. Having the Certificate of
business registration when advertising goods and services.
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3. Having the ownership
certificate or the use right certificate when advertising property of which the
ownership certificate or use right certificate is compulsory.
4. The advertisements of special
products, goods and services must satisfy the following conditions:
a) Having the unexpired
Circulation license and the medicine instruction sheet approved by the Ministry
of Health when advertising medicines allowed to be advertised as prescribed by
law provisions on medicines;
b) Having the cosmetics
announcement sheet as prescribed by law provisions on medicines when
advertising cosmetics;
c) Having the circulation
registration certificate issued by the Ministry of Health when advertising
domestic and medical chemicals, pesticides and antiseptic ;
d) When advertising milk and
dietary products for small children not being specified in Clause 4 Article 7
of this Law, it is compulsory to have the standard certificate, food safety and
hygiene certificate must be obtained regarding dietary products domestically
produced, or the product quality certificate issued by the competent agency of
the producing country, and the circulation license for imported dietary
products.
dd) Having the food hygiene,
safety and quality registration certificate when advertising food and food
additives in the list of compulsory food quality safety and hygiene registration,
or having the standard announcement dossier receipt from the competent State
agency when advertising food and food additives in the list of compulsory
standard announcement;
e) Having the practice
qualification issued by the Health sector when advertising medical examination
and treatment services;
g) Having the circulation
license when advertising medical equipment domestically produced, or having the
import license when advertising imported medical equipment;
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i) Having the circulation
license and the product property summary sheet when advertising veterinary
medicines and equipment;
k) Having the product quality
certificate or the written product quality announcement when advertising
fertilizers, biological preparations serving farming, animal feed and
biological preparations serving breeding.
5. The Government shall specify
the requirements for the advertisement conditions for special products, goods
and services depending on the actual requirements.
Section 2.
ADVERTISEMENTS ON NEWPAPERS, WEBSITES. ELECTRONIC EQUIPMENT, TERMINAL DEVICES
AND OTHER TELECOMMUNICATION DEVICES.
Article 21.
Advertisements on newspapers
1. The advertisement area must not
exceed 15% of the total area of a newspapers, or 20% of the total area of a
magazine except for advertising newspapers and magazines; The advertisement
area must be distinguishable from other contents.
2. The press agencies is allowed
to publish advertising supplements and must send written notification to the
State agencies in charge of the press management in advanced at least 30 days
before the first release date of the advertising supplements.
3. The advertising supplement
must be separately numbered, similar in size and issued under the primary
section.
4. The first page of the
advertising supplement must specify the following information:
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b) The name and address of the
press agency;
c) The text “The sale price does
not include the advertising supplement".
5. The advertisements must not
be put on the first cover of a magazine, or the first page of a newspaper.
Article 22.
Advertisements on audio and video newspapers
1. The advertisement duration on
audio newspapers and video newspapers must not exceed 10% of the total
broadcast duration in a day of the broadcasting organization, except for the
advertisement duration on the advertising channels or advertising programs. The
advertisements must be distinguishable from other contents.
2. The advertisement duration on
paid television must not exceed 5% of the total broadcast duration in a day of
a broadcasting organization, except for the advertising channels or advertising
programs.
3. The advertisements are banned
from the following programs:
a) News;
b) Live radio, television
broadcasts of special political events or the national anniversaries.
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5. The advertisements of which
the primary information is displayed in the form of running text or a series of
animated pictures, the advertisements must be put at the bottom of the screen
and must not exceed 10% of the screen height as well as affecting the main
contents of the show. This form of advertising is not included in the
advertisement duration of video newspapers.
6. Audio, video newspapers
agencies must obtain the license from State agencies in charge of the press
management when establishing advertising channels or programs The application
for establishing the advertising channel or advertising program includes:
a) The written application for
establishing the advertising channel or advertising program
b) The opinion from the line
agency;
c) The authenticated copy of the
license for press activities.
7. The press agency must send
the application for the license amendment and supplement to the State agency in
charge of the press management when changing the contents of the license to
establish the advertising channel or advertising program. The application for
the license amendment and supplement includes:
a) The written application for
the license amendment and supplement;
b) The authenticated copy of the
unexpired license.
8. The license is issued under
the following procedures:
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a) Within 15 days as from fully
receiving the valid dossiers, the State agency in charge of the press
management shall consider and issue the amended and supplemented license to the
press agency, and specify the reason if not;
c) Within 07 days as from the
license to establish the advertising channel, advertising program, or the
amended and supplemented license is issued, the licensing agency must send the
copy of the issued license to the State agency in charge of advertising
management and People’s Committees of central-affiliated cities and provinces
(hereinafter referred to as provincial People’s Committees) where the press
agencies are located in order to cooperate in the management.
Article 23.
Advertisements on electronic newspapers and websites
1. The advertisements on
electronic newspapers must comply with the following provisions:
a) The advertisements must not be
designed and placed among the news;
b) The unfixed advertisements
must be designed so that the reader may actively activate or inactivate the
advertisements. The maximum activation latency of the advertisements is 1.5
second.
2. The advertisements on the
websites of State agencies must comply with Clause 1 this Article.
3. The advertisements on the
websites of foreign organizations and individuals doing multi-national
advertising that earn incomes from advertising in Vietnam must comply with this
Law and other relevant law provisions.
4. The Government shall
elaborate Clause 3 this Article.
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1. Advertising by sending text
messages advertising emails:
a) Organizations and individuals
are only allowed to send text messages and advertising emails after obtaining
the consent from the receiver;
b) The electronic information
and telecommunication service providers are only allowed to send text messages
and advertising emails about their services via telephones from 7.AM to 10.PM.
It is prohibited to send more than 3 advertising text messages to a telephone
number, more than 3 emails to an email address within 24 hours, unless
otherwise agreed by the receiver;
c) Advertising organizations and
individuals must ensure that the receiver is able to refuse advertisements and
must immediately stop sending the advertising emails and messages when the
receiver notify their refusal. The refusal notification from the receiver must
not be charged.
2. Other forms of advertisements
on other telecommunication devices, electronic devices and terminal devices
must comply with this Law and other relevant law provisions.
Section 3.
ADVERTISEMENTS ON PRINT MEDIA, AUDIO RECORDS, VIDEO RECORDS AND OTHER
TECHNOLOGICAL EQUIPMENT
Article 25.
Advertisements on print media
1. For books and documents in
forms of books, the advertisements for the authors, the writings and the
publishers must only be placed on the second, third and fourth cover, except
for advertising books.
2. For non-business documents,
only the advertisements for the author, the writing or the symbol, logo, brand
name, products services and activities of the organizations and individuals
allowed to publish such documents are permitted.
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The symbol, logo and brand name
of the advertisers must be put at the bottom of the print product.
4. Advertisements are banned
from print products being money or valuable papers, certificates and State
management documents.
5. The advertisements on
pictures, posters, catalogues, fliers, leaflets and other print products not
being prescribed in Clause 3 and Clause 4 this Article must contain the name
and address of organizations and individuals providing advertising services or
the advertisers, the print quantity and print location.
Article 26.
Advertisements in audio records and video records.
The advertisement duration in
audio, video records of programs on cultures, art, movies, or audio, video
records being book substitutes or book illustration must not exceed 5% of the
program duration.
Section 4.
ADVERTISEMENTS ON BILLBOARDS, BANNERS, SIGNBOARDS, ADVERTISING SCREENS AND
MEANS OF TRANSPORT
Article 27.
Advertisements on billboards and banners
1. The positions of billboards
and banners must comply with law provisions on cultural and historical relic
protection area, safe traffic corridor, dykes and national electric network;
must not block out the traffic lights and public road signs; must not cross the
roads and must comply with the local advertising planning and the technical
regulations promulgated by competent agencies.
2. The advertisements on the
billboards and banners must specify the names and address of their maker.
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a) The symbols, logos and brand
names of the advertisers must be put at the bottom of the billboards and
vertical banners, or on the right of the horizontal banners;
b) The area for displaying the
symbols, logos and brand names of the advertisers must not exceed 20% of the
billboard and banner area.
4. The time limit for putting up
a banner is 15 days.
Article 28.
Advertisements on advertising screens
1. The positions of advertising screens
must comply with this Law, other relevant law provisions and the local outdoor
advertising planning.
2. Sounds must not be used in
advertisements on outdoor advertising screens.
3. Sounds may be used in the
advertisements on screens not being specified in Clause 2 this Article in
accordance with law provisions on environment.
Article 29.
The dossier on billboard, banner advertisement notification
1. The written notification of
billboard, banner advertisement must specify the contents, time and place of
advertisements, the quantity of billboards, banners.
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3. The copies of documents
proving the conformity and qualifications of products, goods and services as
prescribed by law, or papers proving the eligibility for advertising as
prescribed in Article 20 of this Law.
4. The copies of the event
documents from the organizer for advertisements of social policies and events.
5. The color design marquette of
the advertisements with the signature of the advertising service provider or
the advertiser in case of self-advertising. For advertisers and advertising
service providers being organizations, the seal of the organization is
required.
6. Documents proving the
ownership or the right to use the billboard; the ownership or the right to use
the advertising location for banners
7. The perspective drawing of
the billboard location.
8. The copy of the license to
build advertising constructions regarding the billboards subject to
construction licenses as prescribed in Clause 2 Article 31 of this Law.
Article 30.
Procedures for notifying billboard, banner advertisements
1. Organizations and individuals
demanding advertising on billboards and banners must send the dossier on
advertisement notification to local competent agencies in charge of advertising
management before the advertisement 15 days.
2. If there is no response
within 05 working days as from the day the local competent agency in charge of
advertising management confirm the dossier reception, the organization or
individual is entitled to perform the notified advertisements In case the local
competent agency in charge of advertising management does not approve, the
written response specifying the reasons must be sent.
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1. The construction of outdoor
advertising screens, signboards, independent billboards attached to another
existing construction must comply with this Law, other relevant law provisions
and the local outdoor advertising planning.
2. The construction of outdoor
advertising screens, signboards, independent billboards attached to another
existing construction must be issued with the construction license from local
competent agencies in charge of construction in the following cases:
a) Building outdoor advertising
screens with 20 m2 of one side or above;
b) Building signboards,
billboards with over 20 m2 of one side with metal structure or
similar materials and attached to another existing construction.
c) Independent billboards with
40 m2 one side or above.
3. The application for the
advertising construction license includes:
a) The written application for
the advertising construction license;
b) The copy of the Certificate
of business registration of the organization or individual applying for the
advertising construction license;
c) The authenticated copy of one
of the following papers: the land use right certificate, the written agreement
or contract for land lease as prescribed by law provisions on land regarding
independent advertising constructions; the location lease contract between the
investor of the advertising construction and the owner, or the legal owner of
the advertising construction attached to another existing construction, or the
written bid winning notice for the advertising locations subject to compulsory
bidding in the planning;
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dd) The design drawing from the
legal design organizations demonstrating the isometric surface, cross section,
orthographic projections and the foundation projection of the construction
together with the signature and seal of the advertising construction investor.
For advertising constructions attached to another existing construction, the
design drawing must demonstrate the connection of the advertising construction
and the existing construction.
4. The advertising construction
license is issued under the following procedures:
a) The organization or individual
applying for the advertising construction license shall submit the dossier at
the local competent agency in charge of construction;
b) For advertising locations
within the advertising plan approved by the provincial People’s Committee, the
local competent agency in charge of construction shall issue the advertising
construction license within 15 days as from fully receiving the valid dossier.
If the license is not issued, the reasons must be specified in the written
response;
c) In case the advertising plan
is not yet approved, the local competent agency in charge of construction shall
send the written request for the opinion from relevant agencies within 02
working days as from receiving the valid dossier. Within 05 working days as
from receiving the written request for opinion from the local competent agency
in charge of construction, the relevant agencies stated above must send written
response to the local competent agency in charge of construction. Within 13
days as from obtaining the opinion from the relevant agencies stated above, the
local competent agency in charge of construction shall issue the advertising
construction license. If the license is not issued, the reasons must be
specified in the written response.
Article 32.
Advertising on means of transport
1. The advertising on means of
transport must comply with this Law and law provisions on traffic.
2. The advertisements must not
be displayed on the front, the back and the roof of the vehicle. The
advertisement area must not exceed 50% area of each permissible side of the
vehicle. The display of symbols, logos of the vehicle owners or the car
corporations must comply with the law provisions on traffic.
Article 33.
Advertisements using loudspeakers and similar forms
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a) The noise level must not
exceed the acceptable level as prescribed by law provisions on environment;
b) It is prohibited to advertise
at armed force units, schools and hospitals
c) It is prohibited to advertise
on the radiobroadcast system serving the political duties of the commune,
district or town.
2. It is prohibited to advertise
by loudspeakers attached to means of transport and other movable means in urban
areas.
Article 34.
Signboards of organizations and individuals doing business and production
1. The signboard must include
the following contents:
a) The name of the direct line
agency (if any);
b) The name of the production
facility or the business establishment consistent with the Certificate of
business registration;
c) The address and phone number.
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3. The signboard sizes are
specified as follows:
a) For horizontal signboards,
the maximum height is 02 meters (m), the length must not exceed the width of
the house front;
b) For vertical signboards, the
maximum width is 01 meter (m), the maximum height is 04 meters (m) but must not
exceed the height of the floor where the signboard is located.
4. The signboard must not block
the emergency exit and fire fighting space, must not violate the pavement, the
road or affect the public traffic.
5. The signboard location must
comply with this Law and the technical regulations promulgated by competent
agencies.
Section 5.
ADVERTISEMENTS IN SPORTS EVENTS AND CULTURAL PROGRAMS, CONVENTIONS, SEMINARS,
FAIRS, EXHIBITIONS, EVENTS, ADVERTISING PERFORMER TEAMS, OBJECTS OF
ADVERTISEMENTS
Article 35.
Advertisements in sports events and cultural programs
1. The advertisements in sports
events and cultural programs must comply with law provisions on art and sports.
2. The advertisements must not
be put at the same height or higher than the program symbol, logo or name; the
font size on the advertisements must not exceed one half of the font size of
the program name.
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4. The advertisements in stadiums
and places where sports events take place must not block out the National flag,
the National emblem, the leader pictures, the stadium displays and the
audience’s vision; must not affecting the training, competitions and
demonstration of the athletes, the trainers’ instructions and the performance
of the organizers, referees, guides, medics and other attendants.
Article 36.
ADVERTISING PERFORMER TEAMS, CONVENTIONS, SEMINARS, FAIRS, EXHIBITIONS, EVENTS,
OBJECTS OF ADVERTISEMENTS
1. The advertising performer
team must comply with the following provisions:
a) The advertising performer
team is a team with 3 people or above that wear costumes or carry pictures and
items showing the advertisements at a fixed place or travel down the street;
b) The advertising performer
team must ensure the traffic safety and social order; observe the law
provisions on advertising and other relevant law provisions;
c) Organizations and individuals
holding advertising performer teams must notify the local competent agency in
charge of advertising management of the contents and form of the
advertisements, the quantity of people in the event, the time and route at
least 15 days before the advertisement.
Within 15 days as from receiving
the notification, if the local competent agency in charge of advertising
management does not approve, the written response specifying the reasons must
be sent. If there is no response after the time limit above, organizations and
individuals are entitled to perform the notified advertisements.
2. Seminars, conventions,
events, exhibitions, advertisement conveyors, objects of advertisements and
other means of advertising must comply with this Law and other relevant law
provisions, ensure the urban scenery, landscape, traffic safety and social order.
Section 6.
OUTDOOR ADVERTISING PLANNING
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1. The outdoor advertising
planning must specify the location, design, size, material and quantity of the
means of advertising on the national roads, provincial roads, district roads
and means of advertising in urban areas.
2. The development outdoor
advertising planning must comply with the following principles:
a) Conformable with law
provisions on advertising, construction, traffic and other relevant law
provisions;
b) Conformable with the local
construction planning, ensuring the urban scenery, traffic safety and social
order;
c) Ensuring the stability,
transparency and feasibility;
d) Ensuring the unanimity and
harmony among the localities at the intersection on national and provincial
roads;
dd) Prioritizing the advertising
locations consistent with the existing planning; if the adjustment of the
planning causes damage to organizations and individuals, the planning approval
agency is responsible for offering compensation as prescribed by law;
e) Obtaining the opinion from
organizations and individuals participating in the advertising activities and
from the people.
3. The Government shall
elaborate the dossier and the procedures for developing, approving,
implementing and adjusting the advertising planning.
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1. Provincial People’s
Committees are responsible for:
a) Developing and approving the
local outdoor advertising planning within 12 months as from this Law takes
effect;
b) Adjusting the advertising
planning periodically in accordance with the local development;
c) Posting the planning
documents and drawing at the offices of People’s Committees at all levels and
announce it on local means of mass media;
d) Guiding, expediting and
inspecting the implementation of outdoor advertising planning.
2. The Ministry of Construction
is responsible for:
a) Promulgating technical
regulations on outdoor means of advertising within 06 months as from this Law
takes effect;
b) Cooperating with the Ministry
of Culture, Sports and Tourism, the Ministry of Transport and relevant
Ministries to guide the locality to develop their advertising planning under the
technical regulations promulgated by the Ministry of Construction.
Chapter IV
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Article 39.
Advertisements of foreign organizations and individuals in Vietnam
1. Foreign organizations and individuals
operating in Vietnam are entitled to advertise their products, goods, services
and operation in Vietnam as prescribed in this Law.
2. Foreign organizations and
individuals not operating in Vietnam demanding to advertise their products,
goods, services and operation in Vietnam must hire an advertising service
provider in Vietnam.
Article 40.
Foreign investment and cooperation in advertising
1. Foreign organizations and
individuals are allowed to cooperate with Vietnamese advertising service providers
in forms of joint ventures or business association contracts
2. The foreign investment and
cooperation in advertising must comply with law provisions on investment.
Article 41.
Representative offices of foreign advertising agencies in Vietnam
1. Foreign advertising agencies
are entitled to establish representative offices in Vietnam.
2. The representative offices
are allowed to operate after obtaining the license from the provincial People’s
Committee where the foreign enterprise request the representative office
establishment.
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4. The Government shall specify
the authority, dossier and procedures for licensing the establishment of
representative offices of foreign advertising agencies in Vietnam.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 42.
Effects
This Law takes effect on January
01, 2013.
The Ordinance on advertising No.
39/2001/PL-UBTVQH10 on November 16, 2011 is annulled as from this Law takes
effect.
Article 43.
Elaborating and guiding the implementation
The Government and competent
agencies shall elaborate and guide the implementation of the Articles and
Clauses in this Law as assigned.
This Law has been approved on
June 21, 2012 by the 8th National Assembly of the Socialist Republic
of Vietnam in the 3rd session.
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THE
NATIONAL ASSEMBLY PRESIDENT
Nguyen Sinh Hung