NATIONAL ASSEMBLY                           No. 16-2012-QH13

SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness [Ha Noi, 21 June 2012]

LAW ON ADVERTISING

 Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam as amended by Resolution 51-2001- QH10;

The National Assembly hereby promulgates the Law on Advertising.

 

CHAPTER 1

General Provisions

Article 1. Governing scope

1.This Law regulates advertising activities and stipulates the rights and obligations of organizations and individuals engaged in advertising activities; and State management of advertising activities.

2.Promotion and dissemination of political information shall not be governed by this Law.

 

Article 2. Definition of terms

In this Law,  the following terms shall be construed as follows:

1. Advertising means the use of means to introduce to the public products, goods and services with a profit-making objective; products and services without a profit-making objective; and organizations and individuals conducting business of introduced products, goods or services, except for news on current affairs, social policies, or personal information.

2. Profit-making services means services aimed at generating profit for the organization or individual providing them; non-profit making services means services for the benefit of society but not aimed at generating profit for the organization or individual providing them.

3. Advertising product includes the contents and form of an advertisement expressed by photographs, sounds, spoken language, written language, signs, colours, lights, and other similar forms.

4. Promotion of advertising means the activity of seeking and advancing opportunities to enter contracts for advertising services.

5. Advertiser means an organization or individual with a requirement to advertise its products, goods or services or itself.

6. Person conducting business of advertising services means any organization or individual undertaking one, a number, or all of the work stages of the process of advertising activities under a contract for provision of advertising services with an advertiser.

7. Advertising distributor means any organization or individual using advertising means under its management to introduce an advertising product to the public, including press agencies, publishing houses, website owners, persons organizing cultural or sporting programs, and organizations or individuals using other advertising means.

8. Person conveying advertising products means any person directly bringing advertising products to the public or showing advertising products on his or her body by way of wearing, hanging, sticking, gluing, painting or by other similar forms.

9. Advertising recipient means any person receiving information from an advertising product via advertising means.

10. Period of exposure for advertisements means the period of broadcast or transmission of advertising products on a broadcasting or television channel or program; the total period for advertisements on a sports or cultural program; or the period for advertisements on an audio or visual record and other technological equipment.

11. Area covered by advertisements means the area for advertisements in printed papers, visual media and electronic media, websites, publications, billboards, means of transportation or similar  advertising means.

12. Special products, goods or services means products, goods or services directly affecting the health  of human beings and the environment.

13. Specialized advertising screen means advertising means using electronic technology to convey advertising products including LED or LCD screens and other similar forms.

 

Article 3. State policy on advertising activities

1. [The State shall] protect the lawful rights and interests of organizations and individuals in advertising activities.

2. [The State shall] facilitate organizations and individuals in developing types of advertising and increasing advertising quality.

3. [The State shall] encourage organizations and individuals to research and apply modern science and technology to design and develop advertising products and to effectively invest in advertising.

4. [The State shall] facilitate and encourage development of human resources for advertising activities; and shall prioritize investment in professional training and fostering of officials and State employees undertaking State management of advertising activities.

5. [The State shall] expand international co-operation in advertising activities.

 

Article 4. Contents of State administration of advertising activities [shall comprise:]

1. Promulgating legal instruments on advertising activities and organizing their implementation.

2. Formulating, and directing implementation of strategies, master planning, specific plans and policies for the development of advertising activities.

3. Disseminating and educating the law on advertising activities.

4. Directing research activities and application of science and technology to advertising activities.

5. Directing and organizing implementation of the work of training and fostering manpower for advertising activities.

6. Organizing implementation of the work of rewards in advertising activities.

7. Undertaking international co-operation in the advertising sector.

8. Conducting inspections and checks, resolving complaints and denunciations, and dealing with breaches in relation to advertising activities.

 

Article 5. Responsibilities for State administration of advertising activities

1. The Government shall uniformly exercise State administration of advertising activities.

2. The Ministry of Culture, Sports and Tourism shall be responsible before the Government to carry out State administration of advertising activities.

3. Ministries and ministerial equivalent bodies shall, within the scope of their respective duties and powers, be responsible to co-operate with the Ministry of Culture, Sports and Tourism to carry out State administration of advertising activities.

4. People's committees at all levels shall carry out State administration of advertising activities within their respective localities in accordance with their powers.

 

Article 6. Contracts for advertising services

Co-operation between entities in advertising activities must be conducted under a contract for advertising services in accordance with law.

 

Article 7. Products, goods and services which are prohibited from being advertised

1. Goods and services which are prohibited from trading by law.

2. Tobacco.

3. Alcohol with the concentration of alcohol being 15 degrees or more.

4. Breast milk substitutes used for children under the age of twenty four (24) months and supplemental nutrition products used for children under the age of six months; feeding bottles and teats.

5. Prescribed medicines, or medicines without a prescription but the competent State body recommends that the use of such medicines be restricted or be subject to the supervision of a doctor.

6. [The various] types of sexually stimulating products or goods.

7. Sporting guns and their cartridges, sporting rifles and the types of products or goods which stimulate violence.

8. Products, goods and services which are prohibited from being advertised as stipulated by the Government when they arise in practice.

 

Article 8. Acts prohibited in advertising activities

1. Advertising the products, goods and services specified in article 7 of this Law.

2. Advertising which discloses State secrets, or which harms national independence, sovereignty, defence and security.

3. Advertising which does not have aestheticism or is contrary to the historical traditions, culture, ethics or fine customs of the Vietnamese people.

4. Advertising which has an affect on urban beauty, traffic order and safety, or social safety.

5. Advertising which has a bad effect on the solemnity of the national flag, the national emblem, the national anthem or the flag of the Party, national heroes, culturally famous men, leaders or the leaders of the Party or of the State;

6. Advertising which discriminates ethnically or racially, which violates the religious belief freedom or religion, or which is prejudiced regarding gender or the disabled.

7. Advertising which offends the reputation, honour and human dignity of organizations and individuals.

8. Advertising which uses the image, words or writing of an individual without his or her consent, unless the law so permits.

9. Advertising which is untrue or misleading about the business capacity or ability to provide products, goods or services of an organization or individual conducting business in products, goods or  services; or about the quantity, quality, price, usage, design, package, trademark, origin,  type, method of serving or warranty period of products, goods or services which has been registered or declared.

10. Advertising using the method of directly comparing the price, quality or effectiveness of the use of its products, goods or services with the price, quality or effectiveness of the use of the products, goods or services of the same type of another organization or individual.

11. Advertising using the superlative form or words with a similar meaning without any lawful support document in accordance with the regulations of the Ministry of Culture, Sports and Tourism.

12. Advertising the content of which is competitively unfair as stipulated by the law on competition.

13. Advertising in breach of the law on intellectual property.

14. Advertising causing children to have thoughts, words or actions contrary to ethics or fine customs or causing a bad effect on the health, safety or normal development of children.

15. Forcing any body, organization or individual to conduct or receive an advertisement contrary to their will.

16. Hanging, placing, posting or painting advertising products on line supports, transmission poles, traffic light posts or trees in public areas.

 

Article 9. Appraisal council for advertising products

1. The appraisal council for advertising products shall be a consultancy organization under the Ministry of Culture, Sports and Tourism assisting the Minister in considering and reaching a conclusion on whether or not an advertising product complies with law in a case where an organization or individual requests appraisal of the advertising product.

2. The composition of the appraisal council for advertising products shall comprise representatives of the Ministry of Culture, Sports and Tourism, representatives of an occupational organization for advertising, and experts in relevant fields.

3. The Ministry of Culture, Sports and Tourism shall provide detailed regulations on organization and operation of the appraisal council for advertising products.

 

Article 10. Advertising occupational organization

1. An advertising occupational organization shall be established and operate in accordance with the law on associations.

2. An advertising occupational organization shall have the following duties and powers:

(a) Protecting the lawful rights and interests of its members;

(b) Developing a code of occupational conduct for advertising and submitting it to the Ministry of Culture, Sports and Tourism for approval; organising the implementation of the code of occupational conduct for advertising;

(c) Providing recommendations for development of a strategy, plan and policy for development of advertising activities; legal instruments, standards, technical regulations on advertising and master planning for outdoor advertising;

(d) Nominating representatives and introducing experts to participate in the appraisal council for advertising products upon request of the State administrative authority;

(dd) Researching and applying science and technology to advertising activities; consulting and providing information, and organising improvement of advertising activities and occupational ethics;

(e) Promoting fair competition in order to develop the advertising market and enhance quality of advertising products;

(g) Co-ordinating with State administrative bodies in promoting and disseminating laws on advertising and creating consumer confidence;

(h) Other duties and powers in accordance with law.

 

Article 11. Dealing with breaches in relation to advertising activities

1. Any organization committing a breach of the provisions of this Law and other relevant laws shall, depending on the nature and seriousness of the breach, be subject to administrative penalty; and if such breach causes loss, shall be liable to pay compensation in accordance with law.

2. Any individual committing a breach of the provisions of this Law and other relevant laws shall, depending on the nature and seriousness of the breach, be subject to disciplinary action, penalty for an administrative offence or prosecution for criminal liability; and if such breach causes loss, shall be liable to pay compensation in accordance with law.

3. The State administrative body for advertising activities shall be responsible for its  decision  on penalty; and if it makes a wrong decision causing loss, shall be liable to pay compensation in accordance with law.

4. The Government shall provide specific regulations on breaches, forms and levels of penalty for administrative breaches in relation to advertising activities.

 

CHAPTER 2

Rights and Obligations of Organizations and Individuals in Advertising Activities

Article 12.  Rights and obligations of advertisers

1. An advertiser shall have the following rights:

(a) To advertise its own organization, individual, products, goods and services;

(b) To make a decision on the form and method of advertising;

(c) To receive information on the approved master plan for outdoor advertising provided by the local competent body for advertising;

(d) To request appraisal of advertising products.

2. An advertiser shall have the following obligations:

(a) To provide the person conducting the business of advertising services or the advertising distributor with necessary, truthful and accurate information about its body, organization, individual, products, goods or services and documents relating to conditions for advertising  and to be responsible for such information;

(b) To ensure the quality of products, goods and services conforms with the contents of the advertising;

(c) To be responsible for its advertising products in a case where it directly conducts advertising on its own media [or means]; and to be jointly responsible for its advertising products in a case where it hires another person to conduct [advertising];

(d) To provide documents relating to advertising products when an advertising recipient or competent State body so requests.

3. To exercise other rights and to discharge other obligations in accordance with law.

 

Article 13. Rights and obligations of persons conducting business of advertising services

1. A person conducting the business of advertising services shall have the following rights:

(a) To decide the business form and method of advertising services;

(b) To receive truthful and accurate information provided by an advertiser in relation to the organization, individual, products, goods and services to be advertised and documents relating to conditions for advertising;

(c) To provide recommendations during the process of development of a master plan for advertising in the locality and receive information on the master plan for outdoor advertising provided by the local competent body for advertising;

(d) To request appraisal of advertising products.

2. A person conducting the business of advertising services shall have the following obligations:

(a) To conduct its operation in accordance with the scope and sectors specified in its business registration certificate and to comply with the law on advertising;

(b) To check documents relating to conditions for advertising of the organization, individual, products, goods and services to be advertised, and to carry out the relevant procedures under a contract for advertising services;

(c) To be responsible for the advertising products which he or she directly makes;

(d) To provide documents relating to advertising products when an advertising recipient or competent State body so requests.

3. To exercise other rights and to discharge other obligations in accordance with law.

 

Article 14. Rights and obligations of advertising distributors

1. [An advertising distributor shall have the right] to advertise on its own media and to collect service charges in accordance with law.

2. To check documents relating to conditions for advertising of the organization, individual, products, goods and services to be advertised.

3. To provide documents relating to advertising products when an advertising recipient or competent State body so requests.

4. To perform signed contracts for advertising distribution and to be directly responsible for advertising products carried out on the advertising means under its management.

5. To request appraisal of advertising products.

6. To exercise other rights and to discharge other obligations in accordance with law.

 

Article 15. Rights and obligations of persons hiring out advertising locations or means

1. [A person hiring out advertising locations or means shall have the right] to select advertisers or persons conducting the business of advertising services.

2. To be responsible for legal bases of hiring out advertising locations or means, and for safety of the advertising means; to strictly perform its obligations under the lease contract for advertising locations or means.

3. To be jointly responsible for installation or erection of an advertising work which is not in accordance with the construction permit or which is conducted without a construction permit.

4. To exercise other rights and to discharge other obligations in accordance with law.

 

Article 16. Rights and obligations of advertising recipients

1. [An advertising recipient shall have the right] to be truthfully informed about the quality, features and effects of products, goods and services.

2. To refuse to receive an advertisement.

3. To request an advertiser or advertising distributor to pay compensation when the products, goods and services fail to meet standards, technical regulations, quality, quantity, features, usage, price or other items which have been advertised by the organization or individual.

4. To lodge a denunciation or initiate a civil legal action in accordance with law.

5. When lodging a denunciation or requesting compensation for loss, to provide complete documents and evidence on the breach of the law on advertising to the State administrative body and evidence proving the loss caused by the advertisement; and to request any person conducting the business of advertising services, an advertising distributor or advertiser to provide documents relating to the advertised products.

 

CHAPTER 3

Advertising Activities

Section 1

Advertising Means and Requirements for Contents and Conditions for Advertising

Article 17. Advertising means

1. Media.

2. Websites, electronic equipment, terminals and other telecommunications equipment.

3. Printed products, sound records, picture records and other technological equipment.

4. Billboards, banners, signboards, neon signs and specialized advertising screens.

5. Means of transportation.

6. Fairs, seminars, conferences, organization of events, exhibitions and cultural or sporting programs.

7. Persons conveying adverting products; advertising objects.

8. Other advertising means as stipulated by law.

 

Article 18. Language of spoken and written advertisements

1. Advertising products must have a context in Vietnamese, except in the case of:

(a) Trademarks, slogans, brands or proper nouns in foreign languages or words which have become internationally known and which are unable to be translated into Vietnamese;

(b) Books, newspapers, websites and publications which have been licensed to be published in the languages of ethnic minorities in Vietnam or in foreign languages; radio and television programs in the languages of ethnic minorities in Vietnam or in foreign languages.

2. Where a single advertising product uses both the Vietnamese language and a foreign language, the size of the text of the foreign language must not be larger than three-quarters of the size of the Vietnamese text and shall be placed under the Vietnamese text; and on a visual or audio-visual means, the Vietnamese language must be read first, followed by the  foreign language.

 

Article 19. Requirements for contents of advertisements

1. Contents of an advertisement must ensure they are truthful, accurate and clear and must not cause loss and damage to producers, business persons and advertising recipients.

2. The Government shall provide regulations on requirements for contents of advertisements applicable to special products, goods and services.

 

Article 20. Conditions for advertising

1. With respect to an advertisement of business activities for goods or service, there must  be  a business registration certificate.

2. With respect to an advertisement of [the various] types of products, goods or services, there must be documents evidencing the compliance of the products, goods or services with standards or technical regulations as stipulated by law.

3. With respect to an advertisement of property for which a certificate of ownership or right to use is required, there must be a certificate of ownership of or right to use the property.

4. With respect to an advertisement of special products, goods or services, the following conditions  must be satisfied:

(a) With respect to an advertisement of medicines which are permitted to be advertised in accordance with the law on health, there must be a free sale certificate in Vietnam currently in force and directions for use approved by the Ministry of Health;

(b) With respect to an advertisement of cosmetic products, there must be a template for [or standard form] notification of cosmetic products in accordance with the law on health;

(c) With respect to an advertisement of chemicals, preparations for pest control or sterilization for domestic use or in the health sector, there must be a sale registration certificate issued by the Ministry of Health;

(d) With respect to an advertisement of milk and nutritional products used for small children not covered by article 7.4 of this Law, there must be a certificate of [registration of] standards or a certificate of food safety and hygiene in respect of domestically produced nutritional products and a certificate of quality of products issued by the competent body of the manufacturing country and a free sale certificate in respect of imported nutritional products;

(dd) With respect to an advertisement of food or food additives, there must be a certificate of registration of quality, hygiene and safety for any food or food additives on the list [of food and food additives] for which registration of quality, food safety and hygiene is required or a receipt of the file for notification of standards issued by the competent State body for food or food additives on the list [of food and food additives] the standards of which must be notified;

(e) With respect to an advertisement of medical consulting and treatment services, there must be a certificate of satisfaction of all standards for practising issued by the health authority in accordance with law;

(g) With respect to an advertisement of medical equipment, there must be a free sale certificate in respect of domestically produced medical equipment or an import licence in respect of imported medial equipment;

(h) With respect to an advertisement of pesticides or materials used for production of pesticides, there must  be  a  pesticide  registration  certificate.    With  respect  to  an  advertisement    of biological control agents to be used for plant protection, there must be a phytosanitary certificate2 issued by the Ministry of Agriculture and Rural Development;

(i) With respect to an advertisement of veterinary medicine or veterinary supplies, there must be a free sale certificate for the products and a summary of characteristics of the products;

(k) With respect to an advertisement of fertilizers or biological preparations used for cultivation or feed, or biological preparations used for animal husbandry, there must be certificate of [registration of] quality of products or a document notifying quality of products.

5. The Government shall provide conditions for advertising other special products, goods and services when they arise in reality.

 

Section 2

Advertising on Media, Electronic Means, Terminals and Other Telecommunications Equipment

 

Article 21. Advertising in printed papers

1. The area covered by advertisements shall not exceed fifteen (15) per cent of the total area of one issue of a newspaper or twenty (20) per cent of one issue of a magazine except in specialized advertising newspapers and magazines; and there must be signs which distinguish advertisements from other items.

2. A press agency shall be permitted to publish an advertising insert and must give written notice to the State administrative body for media at least thirty (30) days before the date of publication of the first issue of the advertising insert.

3. The advertising insert of a newspaper must be separately numbered; shall be in the same size and shall be published together with the main pages of the newspaper.

4. The following information shall be specified on the first page of the advertising insert:

(a) Name of the newspaper;

(b) Name and address of the press agency;

(c) The following words: "the advertising insert is not included in the sale price".

5. Advertisements shall not be exposed on the front cover or on the first page of a newspaper or magazine.

 

Article 22. Advertising on spoken media and visual media

1. The period of exposure for advertisements on spoken media or visual media must not exceed ten (10) per cent of the total duration of a program broadcast on one day by a broadcasting organization, except for the period of exposure for advertisements on specialized advertising channels or programs; and there must be signs which distinguish advertisements from other items.

2. The period of exposure for advertisements on a pay TV channel must not exceed five (5) per cent of the total duration of a program broadcast on one day by a broadcasting organization, except on specialized advertising channels or programs.

3. Advertisements shall not be permitted to be exposed on the following programs:

(a) Current affairs programs;

(b) Live radio or television programs on special political events or ceremonies of nationally important events.

4. It shall be prohibited to interrupt any feature film program to advertise on more than two occasions, and each occasion shall not exceed five minutes. It shall be prohibited to advertise on more than four occasions during an entertainment program, and each occasion shall not exceed five minutes.

5. When an advertising product attached to the items of main information is exposed by way of moving words or a chain of pictures, such advertising product must be exposed at the bottom of the screen, and shall not exceed ten (10) per cent of the height of the screen nor affect the main items of the program. Advertising in this form shall not be included in the period of exposure for advertisements on visual media.

6. Any spoken or visual media agency wishing to have a specialized advertising channel or program must obtain a licence from the State administrative body for media. An application file for issue of a licence to produce a specialized advertising channel or program shall comprise:

(a) Application for issue of a licence to produce a specialized advertising channel or program;

(b) Opinion of the superior body;

(c) Authenticated copy of the licence to conduct media activities.

7. Any media agency wishing to change the content of the licence to produce a specialized advertising channel or program must submit an application file for amendment of the licence to the State administrative body for media.  The application file for amendment of a licence shall comprise:

(a) Application for amendment of a licence;

(b) Authenticated copy of the licence currently in force.

8. Sequence and procedures for issue of licences shall be performed as follows:

(a) The State administrative body for media shall, within a time-limit of thirty (30) days from the date of receipt of a valid and complete file, consider and issue a licence to produce a specialized advertising channel or program to the media agency; or, in the case of refusal to issue a licence, shall give written notification specifying the reason therefor.

(b) The State administrative body for media shall, within a time-limit of fifteen (15) days from the date of receipt of a valid and complete file, consider and issue an amended licence to the media agency; or, in the case of refusal to issue an amended licence, shall give written notification specifying the reason therefor.

(c) The State administrative body for media shall, within a time-limit of seven (7) days from the date of issue of a licence to produce a specialized advertising channel or program or amended licence, send a copy of the issued licence to the State administrative body for advertising and the people's committee of a province or city under central authority (hereinafter referred to as the provincial people's committee) where the head office of the media agency is situated for co-ordination in management.

 

Article 23. Advertising on electronic media and websites

1. Advertising on electronic media must comply with the following provisions:

(a) Advertisements shall not be designed or arranged to insert into items of news.

(b) Advertisements exposed at unfixed positions must be designed so that readers may themselves open or close the advertisements and the maximum period for awaiting opening or closure of an advertisement shall be one and a half seconds.

2. Advertising on websites of State bodies shall be subject to clause 1 of this article.

3.                      Advertising on websites of foreign organizations and individuals conducting the cross-border  business of advertising services and earning revenue from advertising in Vietnam must comply with this Law and other relevant laws.

4.                      The Government shall provide detailed regulations on clause 3 of this article.

 

Article 24. Advertising on electronic means, terminals and other telecommunications equipment

1. Advertising by way of sending advertising messages or emails:

(a) An organization or individual shall only be permitted to send advertising messages or emails when obtaining prior consent of the recipients;

(b) An electronic information or telecommunications service provider shall only be permitted to send messages or emails advertising its services; shall only send advertising messages to mobile phones from 7 am to 10 pm; and shall not be permitted to send more than three advertising messages to a single telephone number or more than three emails to a single  email address within twenty four (24) hours, unless otherwise agreed by the recipient;

(c) An advertising organization or individual must ensure that the recipients are able to refuse any advertisement; if the recipient notifies his or her refusal of advertisements, must immediately cease sending advertising messages or emails and shall not be permitted to collect any  service charge for a notice of refusal from the recipient.

2. Advertising in other forms on electronic means, terminals and other telecommunications equipment must comply with this Law and other relevant laws.

 

Section 3

Advertising in Printed Products, on Sound Records, Picture Records and Other Technological Equipment

 

Article 25. Advertising in printed products

1. With respect to various types of books and to materials in the form of a book, only advertisements about the author, work and publishing house are permitted to be advertised on the inside of the front cover and on both sides of the back cover of the book, except for specialized advertising books.

2. With respect to materials not for business purposes, only advertisements about the following are permitted to be advertised: the author, works [of the author], publishing house, or the symbol, logo or trademark, or products, goods, services and the operation of the organization or individual permitted to publish such materials.

3. Advertisements shall not cover more than 20% of the area of each product with respect to pictures, photographs, posters, catalogues, loose leaves and brochures containing items for political, economic, cultural, social, scientific, technological, literary or artistic promotion or dissemination. The symbol, logo or trademark of the advertiser must be placed at the bottom of the printed product.

4. Advertisements shall not be exposed on printed products being money or valuable papers, diplomas, certificates and documents on State management.

5. The name and address of the organization or individual conducting the business of advertising services or of the advertiser, the quantity of printed [products] and the printing house must be specified on advertisements on pictures, photographs, posters, catalogues, loose leaves, brochures and printed products other than those set out in clauses 3 and 4 of this article.

 

Article 26. Advertising on sound records and picture records

The period of exposure for advertisements on sound records and picture records for a cultural, artistic or cinema program or on sound records and picture records with contents replacing or illustrating a book must not exceed five per cent of the total duration of the program.

 

Section 4

Advertising on Billboards, Banners, Signboards, Neon Signs, Specialized Advertising Screens and Means of Transportation

Article 27. Advertising on billboards and banners

1. Billboards and advertising banners must be placed in compliance with the regulations on area for protection of historical relics; the safety corridors of traffic, on dike embankments, or in the safety corridors of national power grids; they shall not be permitted to obscure warning signs, traffic signal lights or notices with instructions to the public; shall not hang across roads, and must comply with the local master plan for advertising and technical regulations issued by the competent body.

2. The name and address of the advertising company must be specified in advertising products which are displayed on billboards or banners.

3. Advertisements on billboards and banners containing items for promotion or dissemination of political [issues] or social policies must comply with the following provisions:

(a) The symbol, logo and trademark of the advertiser must be placed at the bottom of a vertically placed billboard or banner and on the right of a horizontally placed banner;

(b) The area covered by the symbol, logo and trademark of the advertiser shall not exceed  twenty (20) per cent of the area of the billboard or banner.

4. The period of hanging of banners shall not exceed fifteen (15) days.

 

Article 28. Advertising on specialized advertising screens

1. Specialized advertising screens must be placed in compliance with this Law, other relevant laws and the local master plan for outdoor advertising.

2. Advertisements on outdoor specialized advertising screens shall not be permitted to use voice.

3. Advertisements on screens not covered by clause 2 of this article may use voice in accordance with the law on environment.

 

Article 29. File for notification of advertising product on billboards and banners:

1. Written notification of an advertising product specifying contents, time and place of advertising and quantity of billboards and banners.

2. Photocopy of the business registration certificate of the person conducting the business of  advertising services; or of the business registration certificate of the advertiser in a case where it conducts the advertisement itself.

3. Photocopy of a document evidencing compliance with standards or technical regulations by products, goods or services in accordance with law or documents evidencing satisfaction of all conditions for advertising in accordance with article 20 of this Law.

4. Photocopy of documents relating to organization of an event of the organising entity in a case where an event or social policy is advertised.

5. Model of the advertising product printed in colour signed by the person conducting the business of advertising services or by the advertiser in a case where it conducts the advertisement itself. Where the person conducting the business of advertising services or the advertiser is an organization, the seal of such organization shall be required.

6. Document evidencing the ownership of or the right to use billboards; or the ownership of or the right to use the advertising places in respect of banners.

7. Perspective drawing of the position at which the billboard will be placed.

8. Photocopy of the construction permit for an advertising work in respect of billboards which require a construction permit in accordance with the provisions of article 31.2 of this Law.

 

Article 30. Sequence of notification of advertising product on billboards and banners

1. Any organization or individual wishing to conduct advertising on billboards and banners must submit a file for notification of an advertising product to the local competent body for advertising, fifteen (15) days before conducting advertising.

2. If there is no response within a time-limit of five working days from the date on which the local competent body for advertising confirms receipt of the file, the organization or individual shall be permitted to conduct the notified advertising product. Where the local competent body for advertising disagrees [on the advertising product], it must provide a response in writing and specify the reason therefor.

 

Article 31. Issuance of construction permit for advertising work

1. Construction of an outdoor specialized advertising screen, signboard or billboard which is independently standing or is attached to an existing construction work must comply with this Law, other relevant laws and the local master plan for outdoor advertising.

2. Construction of an outdoor specialized advertising screen, signboard or billboard which is independently standing or is attached to an existing construction work shall require a construction permit from the local competent body for construction in the following cases:

(a) Construction of an outdoor specialized advertising screen with the area of one side being twenty (20) square metres or more;

(b) Construction of a signboard or billboard with the area of one side being more than twenty (20) square metres by a metal structure or similar construction materials attached to an existing construction work;

(c) Construction of an independently standing billboard with the area of one side being forty (40) square metres or more.

3. Application file for issuance of a construction permit for an advertising work shall comprise:

(a) Application for issue of a construction permit for an advertising work;

(b) Photocopy of the business registration certificate of the organization or individual applying for issue of a construction permit;

(c) Authenticated copy of one of the following documents: certificate of land use right; written agreement or contract for land lease in accordance with the law on land in respect of independently standing advertising works; or a site lease contract between the investor for construction of the advertising work and the owner or the lawful user in respect of advertising works attached to an existing construction work or written notification of wining tender in a  case where the advertising site in the master plan is subject to tendering.

(d) Where the advertising work attaches to an existing work, a written agreement or contract between the investor for construction of the advertising work and the owner or the person authorized to manage the existing work shall be required;

(dd) Design drawings prepared by a lawful designer showing the position of  the  site,  cross- sections, and typical sectional elevation; and a plan of foundation which is signed and affixed with the seal by the investor for construction of the advertising work. Where the advertising work attaches to an existing work, the design drawings must show a solution for connecting  the advertising work to the existing work.

4. Sequence and procedures for issue of a construction permit for an advertising work shall be carried out as follows:

(a) The organization or individual applying for issue of a construction permit for an advertising  work shall submit a file to the local competent body for construction;

(b) Where the advertising site is included in the master plan for advertising approved by the provincial people's committee, the local competent body for construction shall, within a time- limit of fifteen (15) days from the date of receipt of the valid file, issue a construction permit for a construction work to the organization or individual or, in the case of refusal to issue a permit, shall provide notification in writing specifying the reason therefor;

(c) Where the local authority has not yet approved a master plan for advertising, the local competent body for construction shall, within a time-limit of two working days from the date of receipt of the valid file, send a document seeking opinions from relevant departments and branches. The aforesaid departments and branches shall, within a time-limit of five working days from the date of receipt of the document seeking the opinions from the local competent body for construction, provide their opinions in writing to the local competent body for construction. The local competent body for construction shall,  within a time-limit of thirteen (13) days from the date of receipt of the opinions from the aforesaid departments and  branches, issue a construction permit for an advertising work to the organization or individual or, in the case of refusal to issue the permit, provide notification in writing specifying the  reason therefor.

 

Article 32. Advertising on means of transportation

1. Advertising on means of transportation must comply with this Law and the law on traffic.

2. Advertising products shall not be exposed on the front, rear and top of the means of transportation. The area covered by advertising products shall not exceed fifty (50) per cent of the area of each side on which advertising is permitted of the means of transportation. The display of the logo or symbol of the owner of means of transportation or of the vehicle company on the means of transportation must comply with the law on traffic.

 

Article 33. Advertising by loudspeaker and similar forms

1. Advertising by loudspeakers and similar forms at a fixed site must comply with the following provisions:

(a) Advertisements shall not exceed the permissible sound intensity stipulated in the law on environment;

(b) Advertisements shall not be exposed at the head offices of bodies, units of armed forces, schools or hospitals;

(c) Advertisements shall not be exposed on the broadcasting system used for political duties of a commune, ward or township.

2. Advertising by loudspeakers attached to a means of transportation and other mobile means shall not be permitted in the inner city or inner town of a city or town.

 

Article 34. Signboards of organizations or individuals conducting production or business activities

1. A signboard must have the following contents:

(a) Name of the directly superior body (if any);

(b) Name of the production or business establishment in accordance with the business registration certificate;

(c) Address and telephone number.

2. Witting on the signboard must comply with the provisions of article 18 of this Law.

3. Dimensions of a signboard shall be regulated as follows:

(a) With respect to horizontal signboards, the maximum height shall be two metres and the length shall not exceed the width of the frontage;

(b) With respect to vertical signboards, the maximum width shall be one metre and the maximum height shall be four metres but shall not exceed the height of the storey on  which  the signboard is placed.

4. Signboards shall not hide or block the space for emergency exit and for fire extinguishing; and shall not encroach the pavement or road-bed nor affect public traffic.

5. Placing of signboards must comply with this Law and technical regulations issued by the competent body.

 

Section 5

Advertising on Cultural or Sporting Programs, Conferences, Seminars, Fairs, Exhibitions, Organization of Events or Groups of Persons Conducting Advertising or Advertising Objects

 

Article 35. Advertising on cultural or sporting program

1. Advertising on cultural or sporting programs must be conducted in accordance with the law on artistic performances, gymnastics and sports.

2. Advertising products shall not be hung, placed, glued or erected at the same height or higher than  the height of the symbol, logo or name of the program; the size of words stated on the advertising product shall not exceed a half of the size of the name of the program.

3. Advertisements on the stage area must ensure beauty and shall not obscure the view of viewers.

4. Advertisements in stadiums, sporting event halls and sites in which sporting or gymnastic activities are conducted shall not obscure the national flag, the national emblem, pictures of leaders,  instruction boards and the view of the viewers; shall not affect exercises, competition or performance of sportsmen, guidance of instructors, and performance of duties by the organization board, referees, guides, medical workers and servers.

 

Article 36     Group   of   persons   conducting   advertising,   seminars,   conferences,     fairs,   exhibitions, organization of events, advertising objects

1. Groups of persons conducting advertising must comply with the following provisions:

(a) group of persons conducting advertising means a group of three persons or more wearing clothes or carrying pictures or items showing an advertising product at a single site or moving along roads;

(b) Groups of person conducting advertising must ensure traffic order and safety and social  safety; and shall comply with the law on advertising activities and other relevant laws;

(c) Any organization or individual who organises a group of person conducting advertising must notify the local competent body for advertising of the contents and form of the advertising product, the number of persons participating in the group of persons conducting advertising, and the time and route, at least fifteen (15) days before the date of implementation of advertising.

Within a time-limit of fifteen (15) days from the date of receipt of the notice, if the local competent body for advertising disagrees with the notification, it must give a written response specifying the reason therefor. Where no written response is given within the aforesaid time- limit, the organization or individual shall be permitted to conduct advertising in accordance with the notified contents.

2. Seminars, conferences, organization of events, exhibitions, persons conveying advertising products, advertising objects and other advertising means must comply with this Law and other relevant laws and must ensure urban beauty, environmental landscape, traffic and social order and safety.

 

Section 6

Master Plan for Outdoor Advertising

Article 37. Contents and principles of mater plan for outdoor advertising

1. A master plan for outdoor advertising must identify sites, designs, dimensions, materials and quantity of advertising means along national highways, provincial roads and district roads; in inner cities and inner towns.

2. The formulation of a master plan for outdoor advertising must comply with the following basic principles:

(a) Be consistent with the law in relation to advertising, construction, traffic and other relevant laws;

(b) Be consistent with the local master plan for construction and ensuring urban beauty, traffic safety and social order and safety;

(c) Ensuring stability, publicity, transparency and feasibility;

(d) Ensuring uniformity and harmony between localities at contiguous points in national highways or provincial roads;

(dd) Prioritizing inheritance of the existing advertising positions which conform with the master plan; where the implementation of or amendment to the master plan causes loss and damage to organizations or individuals, the body approving the master plan shall be responsible  to arrange compensation in accordance with law;

(e) Seeking opinions from organizations and individuals engaged in advertising activities and from the people.

3. The Government shall provide specific regulations on files and procedures for formulation, approval, implementation and amendment of master plans for advertising.

 

Article 38     Responsibility  for  formulation  and  direction  of  implementation  of  master  plan  for  outdoor advertising

1. Provincial people's committees shall be responsible:

(a) To formulate and approve a master plan for outdoor advertising in their locality within a time- limit of twelve (12) months from the effective date of this Law;

(b) To amend the master plan for advertising from time to time in compliance with the  development in their locality;

(c) To display the master plan and detailed drawings of the master plan at the head offices of people's committees at various levels and publish them on mass media in their locality;

(d) To guide, activate and inspect the implementation of the master plan for outdoor advertising.

2. The Ministry of Construction shall be responsible:

(a) To issue technical regulations on outdoor advertising means within a time-limit of six (6) months from the effective date of this Law;

(b) To coordinate with the Ministry of Culture, Sports and Tourism, the Ministry of Transport and relevant ministries to guide local authorities in formulating master plans in accordance with the technical regulations issued by the Ministry of Construction.

 

CHAPTER 4

Advertising Involving Foreign Elements

Article 39. Advertising of foreign organizations and individuals in Vietnam

1. Foreign organizations and individuals operating in Vietnam shall be permitted to advertise their products, goods, services and operation in Vietnam in accordance with this Law.

2. Foreign organizations and individuals which do not operate in Vietnam but wish to advertise their products, goods, services and operation in Vietnam must hire a person conducting the advertising business of Vietnam to do so.

 

Article 40. Cooperation and investment with foreign [parties] in advertising activities

1.      A foreign organization or individual shall be permitted to undertake cooperation or investment with a person conducting business of advertising services of Vietnam in the form of joint venture and [on the basis of] a business cooperation contract.

2.       Any foreign cooperation or investment in advertising activities must  comply  with  the  law  on  investment.

 

Article 41. Representative offices of foreign advertising enterprises in Vietnam

1. Foreign advertising enterprises shall be permitted to establish representative offices in Vietnam.

2. A representative office shall be permitted to operate upon obtaining a licence from the provincial people's committee of the locality in which the foreign enterprise requests establishment of a representative office.

3. Representative offices shall only be permitted to promote advertising and shall not directly conduct the business of advertising services.

4. The Government shall regulate the powers, files, sequence and procedures for issue of licences for establishment of a representative office of a foreign advertising enterprise in Vietnam.

 

CHAPTER 5

Implementing Provisions

Article 42. Effectiveness

This Law shall be of full force and effect as of 1 January 2013

Ordinance 39-2001-PL-UBTVQH10 dated 16 November 2001 on Advertising shall no longer have effect from the effective date of this Law.

Article 43. Detailed regulations and guidelines for implementation

The Government as the competent body shall provide detailed regulations and guidelines  for implementation of articles and clauses assigned to it in this Law.

 

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This Law was passed by Legislature XIII of the National Assembly of the Socialist Republic of Viet Nam in its 3rd session on 21 June 2012.

 

Chairman of the National Assembly

NGUYEN SING HUNG