CIRCULAR detailing and guiding the implementation of some articles of the law on advertising and Decree No. 181/2013/ND-CP on November 14, 2013 detailing the Government's implementation of some articles of the law on advertising _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law on advertising 21 June 2012;
Pursuant to Decree No. 181/2013/ND-CP on November 14, 2013 detailing the Government's implementation of some articles of the law on advertising;
Pursuant to Decree No. 76/2013/ND-CP on July 16, 2013 of government functions, tasks, powers and organizational structure of the Ministry of culture, sports and tourism;
According to the proposal of the Director General of culture, Minister of culture, sports and tourism issued a circular detailing and guiding the implementation of some articles of the law on advertising and Decree No. 181/2013/ND-CP on November 14, 2013 detailing the Government's implementation of some articles of the law on advertising.
Article 1. Scope and objects 1. This circular detailing and guiding the implementation of some articles of the law on advertising and Decree No. 181/2013/ND-CP on November 14, 2013 detailing the Government's implementation of some articles of the law on the advertising of legal documents, organization and operation of the authority and ad product assigned responsibility to manage state on the ad.
2. This circular apply to organizations and individuals, Vietnam; organizations, foreign individuals to participate in advertising on the territory of Vietnam.
Article 2. Legal documents 1. Legal documents specified in clause 11 article 8 of the law on advertising include: a) the results of the market survey organization was established and legitimate market research function;
b) certificate or other similar documents in the competitions, the exhibition has a regional or national scale rating and recognition products, goods, and services, that is "", "single", "best", "number one" or other words of similar meaning.
2. time use legitimate documents to prove the word "most", "single", "best", "number one" or other words of similar meaning on the ad product is 1 (one) year from the date the Organization, individuals are issued a certificate or receipt of the results of market surveys.
3. On the product ads must be full, clear, precise legal document name specified in paragraph 1 of this article.
Article 3. Asked to assess advertising products 1. Authority advertising products conducted evaluation of advertising products at the request of the Organization, the individual in the following cases: a) product advertising content related to the provisions of article 7 and article 8 of the law on advertising;
b) product ad ad service business people, who reject ad's release made by not sure about the legality of advertising products;
c) Have different opinions about the content of product advertising between the State administration with the institutions, individuals involved in advertising activities;
d) other circumstances as stipulated by law.
2. Authority advertising products is not the only advertising logos, icons, trademarks, brand of products, goods and services.
Article 4. Established authority advertising products 1. Authority advertising products specified in article 9 of the law on advertising by the Minister of culture, sports and Tourism decided to establish.
2. Authority advertising products made the resolution requires evaluation of product advertising and self-dissolution after the assessment results.
3. The decision of the Board members assess the advertising products made according to the recommendations of the Bureau of culture of the base text and the election of members of the authority, the relevant units.
Article 5. The composition of the Council ad product evaluation 1. The number of members of the Board of the advertising product evaluation should be odd and must be at least 5 (five) members, including: 1 President, 1 member of the Secretary and the Commissioner.
2. Participants the Board appraisal product advertising based on the content of the advertising product needs assessment, to include: a) represented the Bureau, the relevant Service in the Ministry of culture, sports and tourism, the Ministry of health, Ministry of agriculture and rural development, the Ministry of science and technology , Industry and other ministries;
b) represents the professional organisations;
c) expert or representative units, other organizations have professional activities related to the content needs evaluation.
3. The Chairman of the Authority's Advertising Agency leadership culture basis.
4. the permanent organs of the Authority's advertising base culture Bureau.
Article 6. The mechanism of action of authority advertising products 1. Authority advertising products which work under the authority of the President of the Council according to the principle of democratic concentration and decided by majority.
2. Authority advertising products and each Member of the Board must be responsible for the content and quality appraisal.
3. The session of the Council on the evaluation of advertising products to ensure the presence of at least 3/4 of the total membership.
4. evaluation results must be expressed in writing and must be signed by the Chairman and Secretary of the Council.
Article 7. Product evaluation process ad 1. The Organization, the individual submitting the request product evaluation of advertising directly to the cultural Bureau basis or by mail (form No. 1).
2. After receiving the required evaluation of the Organization's advertising product, individual, cultural Bureau basis the Minister of culture, sports and Tourism decided to set up the Council, submitted the required summary need evaluation and invited the meeting to the members of the Board evaluation of advertising products for at least 2 (two) days prior to the day of the session.
3. Authority of ad products to conduct meetings to appraise according to the following procedure: a) the President of the Council presented the summary of the content evaluation requirements;
b) Commissioners of the Council give reviews, reviews; Discussion to comments received, reviews;
c) voting members of the Board; The Chairman of the advertising product evaluation decisions by majority of conformity of the product with the provisions of the law on advertising;
d) Commissioner Secretary to set the minutes of the session;
DD) the Council through the minutes of the session, the Chairman and member of the Secretariat of the authority of ad products to sign the minutes were adopted.
4. Based on the evaluation results, Director of Department of culture and the basis of the text submitted to the personal organizer, which stated the ad products that match or do not match with the provisions of the law on advertising.
5. During the 15 (fifteen) working days from the date of receiving the required appraisal, ad product base culture Bureau must send a text ad product evaluation (form No. 2) for the Organization, individuals are asked to assess.
Article 8. The responsibility of agencies, units of the Ministry of culture, sports and tourism 1. The cultural Bureau: a) Help the Minister of culture, sports and tourism make state management functions of advertising within the country;
b) presiding authority advertising products upon request of the organization or individual;
c) comments join in the rewards and processed in violation of the advertising activity.
2. Agencies, units of the Ministry within the scope of the task, their powers are responsible for coordinating with the Department of culture the basis help the Minister of culture, sports and tourism make governance about the ads.
3. The inspectors are responsible for checking, inspection, handling of breaking the law in running the ads according to the authority; in collaboration with organizations and individuals involved to resolve complaints, accusations of advertising activities under the provisions of the law.
Article 9. The responsibility of the Department of culture, sports and tourism of the province, the city in Central 1. The Department of culture, sports and tourism is responsible for chairing and coordinating with local departments to build ad planning process of provincial people's committees, the city approved centrally.
2. The Department of culture, sports and tourism to receive and handle notifications profile product ad on ad banners, table according to the following procedure: a) directly receive the notification profile on the advertising banner and banners;
b) after receipt of application prescribed in article 29 of the law on advertising, Department of culture, sports and tourism has received send profile paper organizations, individuals (form 3) and into the receiving window profile (model No. 4);
c) within a period of 5 (five) working days from the date of receipt of a valid application in the receiving window profile, Department of culture, sports and tourism comments replies in writing to the Organization, individuals informed of product advertising. In the case do not agree with the content of the records notified the Organization's advertising product, individual, Department of culture, sports and tourism to reply, stating reasons and requires the content to edit;
d) Send text message advertising products and text editing requirements (if any) for the people's Committee at district level, district level information and culture to coordinate in inspection, testing and handling of violations.
3. Help the provincial people's Committee periodic report the management of advertising activities on the area of the Ministry of culture, sports and tourism (Cultural Bureau facility) before 31 December each year, with the following content: a governance texts) about local advertising;
b) planning of local ad supplements, adjust planning;
c) number of business registration business advertising service based on the area; the number of enterprise business ad services branch, a representative office located in locality;
d) number, activities of representative offices of foreign advertising businesses locally;
DD) number of records notice advertising products (specific to each advertising medium);
e) the breach of advertising activities and results processed on offense.
4. Perform other duties specified by law.
Article 10. Responsibility of the room-level information and culture 1. Check the implementation of local advertising.
2. General People's Committee at district level to help handle for violations of advertising activities under the provisions of the law.
3. Cooperation with the Inspector of Department of culture, sports and tourism in checking, processing in local advertising activities.
4. Perform other duties specified by law.
Article 11. Effect 1. This circular is effective from August 2 in 2014.
2. The regulations on advertising activities before left with this circular are repealed.
3. Attached to this circular the following form: a) petition evaluation product advertising (model No. 1);
b) text ad product evaluation (form No. 2);
c) Paper receipt (form No. 3);
d) receiving record Book announcements advertising products (4);
DD) message text advertising products on the banner, banners (5);
e) license application established representative offices of foreign advertising businesses (model No. 6);
g) license to establish a representative office of foreign advertising businesses in Vietnam (model No. 7);
h) suggested additional license, representative offices of foreign advertising business (form 8);
I) petition to permit establishment of representative offices of foreign advertising businesses (model No. 9);
k) report on activities undertaken by the advertising services advertising services business performing the service contract ads on electronic information page of the Organization, foreign individuals doing business cross-border advertising services in Vietnam (model 10).
Article 12. Responsibility 1. The heads of the agencies and units of the Ministry of culture, sports and tourism, the Director of the Department of culture, sports and tourism of the province, central cities and organizations, relevant individual is responsible for the implementation of this circular.
2. basal culture Bureau is responsible for tracking, check and guide the implementation of this circular.
3. in the implementation process, if there are problems to recommend the Organization, personal reflections in time of the Ministry of culture, sports and tourism (through cultural Bureau facility) to study, modify and supplemented accordingly./.