Law 16/2012/qh13: Advertising

Original Language Title: Luật 16/2012/QH13: Quảng cáo

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CONGRESS
Number: 16 /2012/QH13
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 21, 2012

LAW.

Advertising

_____

The 1992 Vietnamese Constitution base of the Socialist Republic of Vietnam was amended, adding some to the number of resolutions. 51 /2001/QH10;

Congress enacted the Advertising Act.

Chapter I

COMMON RULES

What? 1. The adjustment range

1. This law rules on advertising activities; the rights and obligations of the organization, the individual involved in advertising activities; state management of advertising activities.

2. Proposition information, political propaganda is not part of the regulation of this Law.

What? 2. Explain the word

In this Law, the words below are understood as follows:

1. Advertising is the use of vehicles aimed at introducing public products, goods, services that have a lucrative purpose; products, services that do not have a lucrative purpose; organization, individual business, goods, services, and services are introduced, except for news of the time; government. Social books; personal information.

2. The service has a lucrative purpose is a service aimed at creating a profit for the organization, the individual service provider; the non-purpose service is the service for the benefit of society not to generate profits for the organization, the individual offering the service.

3. Advertising products including the content and form of advertising expressed in images, sounds, voices, writing, symbols, colors, light, and similar forms.

4. Promote advertising is the search operation, which promotes the opportunity to sign the advertising service contract.

5. The promoter. is the organization, the individual has the requirement to advertise their products, their goods, their services or the organization itself, that individual.

6. Advertising business people is the organization, the individual who makes one, some or all of the work of the advertising process under the contract to advertise advertising to the promoter.

7. The promoter of the ad is the organization, the individual who uses the advertising media of its management to introduce advertising products to the public, including the press agency, publisher, owner of electronic information, the organizer of the culture, sports and organization programs, Individuals use other means of advertising.

8. Advertising product uploads is the direct person to introduce advertising products to the public or show a product of advertising on people through the form of wear, suspension, attachment, paste, drawing or similar forms.

9. The recipient of the ad. is the recipient of the information from the promotional product via the promotional vehicle.

10. Ad Time is the time to broadcast advertising products in a channel, radio show, television; advertising time in the total time of a cultural, sports program; the time of advertising in a recording, recording, and other public devices. The other.

11. Advertising Area is the expression of print-in-print promotional products, newspapers, e-newspapers, electronic information pages, publications, billboards, transport boards, or on similar advertising vehicles.

12. Products, goods, special services is products, goods, services that directly affect people ' s health and the environment.

13. Advertising Professional is an advertising medium that uses electronic technology to convey promotional products, including LED displays, LCD and similar forms.

What? 3. The State ' s Policy for Advertising Activity

1. Protect the legal rights and interests of the organization, the individual in the advertising operation.

2. Create a condition to organize, individuals develop advertising types, enhance the quality of advertising.

3. Recommend the organization, individual research, scientific application and modern technology to design, build advertising products, invest in advertising.

4. Create a condition and encourage development of human resources for advertising activity; prioritits training investment, fostering expertise for cadres, public administration of state management of advertising activities.

5. Open international cooperation on advertising activity.

What? 4. State management content of advertising activity

1. Board and organization implementing legal code of law on advertising activity.

2. Build and direct the implementation of the strategy, planning, plan, development of advertising operations.

3. Popular, educating law on advertising activity.

4. Instructs the research activity, the scientific application, the technology in advertising activity.

5. Directed by, the organization performs training work, fostering human resources for advertising activity.

6. The organization performs a commendation in advertising.

7. Make international cooperation in the advertising field.

8. Inspector, test, resolve the complaint, denounce and dispose of the breach in the advertising operation.

What? 5. The state management responsibility for advertising activity

1. The government that governs the state of advertising activity.

2. Ministry of Culture, Sports and Tourism is responsible to the Government to implement state management of advertising activity.

3. The ministry, the equal body within the scope of the mission, its powers are in charge of coordination with the Ministry of Culture, Sports and Tourism that performs state management of advertising activity.

4. The People ' s Committee provides state management of advertising activity within the local domain by jurisdiction.

What? 6. The advertising service contract

The cooperation between the hosts in the advertising operation must pass a promotional service contract under the rule of law.

What? 7. Products, goods, advertising bans

1. Goods, services that prohibit business under the rule of law.

2. Tobacco.

3. Alcohol has an alcohol content of 15 degrees or more.

4. Milk products replace baby milk for children under 24 months of age, nutritious products that are used for children under 6 months of age; breastfeeding and aquifers.

5. prescription drugs; non-prescribd drugs but used by the state agency to recommend restrictions on use or use of the physician's supervision.

6. The products, commodities are sexually active.

7. Firearms and shotguns, sports weapons and assortable products, merchandise of violent agitation.

8. Products, goods, other advertising bans provided by the Government as a result of the actual birth.

What? 8. Behavior banned in ad activity

1. Advertising of the products, goods, services provided at Article 7 of this Law.

2. Advertising makes state secrets, the harm to independence, national sovereignty, security, defence.

3. Advertising deficiency, contrary to historical, cultural, ethical, traditional Vietnamese customs.

4. Advertising affects urban aesthetics, traffic safety order, social safety.

5. Advertising adversely affects respect for the United States, the National Assembly, the National Anthem, the National Party, the national hero, the cultural identity, the leader, the leader of the Party, the State.

6. Adverts of racial discrimination, racism, religious freedom, religion, gender bias, disability.

7. reptile insulting, honor, dignity of the organization, personal.

8. The advert has the use of the image, the words, the individual ' s writing when the individual has not been agreed upon, unless the case is permitted by the law.

9. Advertising is not right or misleading in terms of business capabilities, the ability to deliver products, goods, services of the organization, individual business products, goods, services; in terms of quantity, quality, price, use, pattern, packaging, trademarks, labels, exports, and more. The type, the method of serving, the warranty period of the product, the goods, the registered service or the published service.

10. Advertising by using a direct comparison of price, quality, product efficiency, goods, services to prices, quality, efficiency of product use, goods, services of the same type of organization, other individuals.

11. Advertising uses the "most", "unique" words, "best", "number one", "number one" or words that have the same meaning without the legal document as defined by the provisions of the Ministry of Culture, Sports and Tourism.

12. Advertising has a non-healthy competitive content under the rule of competition law.

13. Advertising violation of intellectual property.

14. Advertising for children with thoughts, words, actions contrary to morals, net emularation; adversely affecting the health, safety or normal development of children.

15. Force the agency, the organization, the individual who performs the ad or take on the illegal advertising.

16. Hang, place, paste, draw the advertising products on the electric pole, the power cylinder, traffic signal poles and green trees where the public.

What? 9. The Board of Appraisal of advertising

1. The Board of Appraisal of advertising products is the consulting organization of the Ministry of Culture, Sports and Tourism, which helps the Minister to review and make conclusions about the suitcases of advertising products with the rule of law in the event of the organization, personally demanding the judge. The product of advertising.

2. The composition of the advertising product appraisal includes the representation of the Ministry of Culture, Sports and Tourism, the representative of the professional organization of advertising and experts in the relevant field.

3. Ministry of Culture, Sports and Tourism stipulated details of the organization and activities of the Council of Advertising products advertising.

What? 10. Career organization on advertising

1. The professional organization of advertising is established and operates under the rule of law on the assembly.

2. Career organization on duty advertising, the following powers:

a) to protect the legal rights and interests;

b) Construction of the occupational code for advertising of the Ministry of Culture, Sports and Tourism approved; the organization performs an advertising career code of conduct;

c) Joining the initiative to build strategy, plan, development policy of advertising activities; laws that violate legislation, standards, technical regulations on advertising and outdoor advertising planning;

d) Nomads to represent and introduce expert participants to the Board of Appraisal of advertising products when required by the state governing body to have jurisdiction;

Research, application of science, technology in advertising activities; counseling, informational, advertising, advertising and commercial ethics;

e) Promote healthy competition to develop advertising markets and enhance the quality of advertising products;

g) Coordinate with the state governing body of propaganda, disseminalization of law on advertising, building the trust of consumers; and

h) The duties, other powers according to the rule of law.

What? 11. infraction violations in ad activity

1. The organization has a violation of the provisions of this Law and other provisions of the relevant law, depending on the nature, the degree of violation that is subject to the administrative violation; if the damage is caused by the law.

2. Individuals with a violation of the provisions of this law and other regulations of the relevant law are subject to the nature, the level of violation that is subject to disciplinary treatment, sanctipation of the administrative breach or the prosecution of criminal liability; if damage is required. It ' s often prescribed by law.

3. The state governing body for advertising activity must be held accountable for its disposal; in case of false decision, damages must be compensated by the rule of law.

4. The government provides specific regulatory, formal, and administrative violations in advertising.

Chapter II

ORGANIZATION ' S RIGHTS AND OBLIGATIONS, INDIVIDUALS IN ADVERTISING ACTIVITY.

What? 12. The rights and obligations of the promoter

1. The advert has the following rights:

a) Advertising on the organization, personal, product, goods, services of its;

b) The format and method of advertising;

c) The authority with the authority on local advertising information about the outdoor advertising planning approved;

d) Ask for the appraisal of advertising products.

2. The advert has the following obligations:

a) Provides business people to advertise or advertise the necessary information advertising, honesty, accuracy of the agency, organization, individuals, products, goods, services, documents related to advertising conditions and are responsible for the information of the company. It's all right.

b) Secure the quality of products, goods, services in accordance with advertising content;

c) is responsible for its advertising product in the case of direct implementation of advertising on the vehicles; the union is responsible for advertising products in the case of hiring others;

d) Provide documentation related to advertising products when the recipient of the advertisement or state agency has the authority to request.

3. Do other rights and obligations under the rule of law.

What? 13. Rights and obligations of the advertising service business people

1. The advertising service business has the following rights:

a) the formal decision and method of advertising services;

b) The advertisers provide honest, accurate information about the organization, individuals, products, goods, services advertised and documents related to advertising conditions;

c) Participate in the opinion during the construction of local advertising planning and was given authority on the local advertising of information about outdoor advertising planning;

d) Ask for the appraisal of advertising products.

2. The advertising service business has the following obligations:

a) Activity in accordance with the scope, the field has been specified in the business registration certification and compliance with the regulation of the law on advertising;

b) Check out documents related to the advertising conditions of the organization, individuals, products, goods, services that need to advertise and implement relevant procedures under the advertising service contract;

c) is responsible for the advertising product made by itself directly;

d) Provide documentation related to advertising products when the recipient of the advertisement or state agency has the authority to request.

3. Do other rights and obligations under the rule of law.

What? 14. The rights and obligations of the advert

1. Being advertised on its means and the toll on the service by the rule of law.

2. Check out the documents related to the advertising conditions of the organization, the individual, the product, the goods, the service needs advertising.

3. Provide documentation related to advertising products when the recipient of the advert or state agency has the authority to request.

4. Implemation of the signed advertising contract and is directly responsible for the promotional product made on its own management means of advertising.

5. Ask for the appraisal of advertising products.

6. Do other rights and obligations under the rule of law.

What? 15. Rights and obligations of the location rental, advertising media

1. Select a promoter, the advertising service business person.

2. Take responsibility for the legal base of leasing the advertising venue, promotional vehicle, and safety of the advertising vehicle; performing the right obligations in the location rental contract, the promotional vehicle has signed.

3. The Federation is responsible in the assembly case, setting up the advertising process not true with the construction permit or not being granted a construction permit.

4. Do other rights and obligations under the rule of law.

What? 16. Rights and obligations of the ad recipient

1. Being informed of the quality of quality, feature, effect of products, goods, services.

2. Being refused to accept the ad.

3. Be asked to advertise or release the compensation advertisement damages when the product, goods, services are not standard standard, technical regulation, quality, quantity, feature, use, price, or other content that the organization, the individual has to offer. advertisements.

4. denouncing, civil prosecution under the rule of law.

5. When denouncing or requiring damages of damages, must provide full documentation, evidence of a violation of the law on advertising with the state governing body and evidence to prove the damage to which the ad is committed; the right to require business people to translate. Advertising, advertising, or advertisers provide documentation related to advertising products.

Chapter III

ADVERTISING ACTIVITY

Item 1

ADVERTISING MEDIA; REQUESTS FOR CONTENT, ADVERTISING CONDITIONS AND MORE

What? 17. Ad Vehices

1. Press.

2. Electronic information pages, electronic devices, terminal devices, and other telecom devices.

3. Print products, recordings, records, and other technology devices.

4. The billboard, the banner, the sign, the light box, the poster screen.

5. transport vehicles.

6. Fair, conference, conference, event organizer, exhibitions, cultural programs, sports.

7. The person who transfers the promotional product; the advertising object.

8. Other promotional vehicles follow the rule of law.

What? 18. Voice, writing in advertising

1. In advertising products must have a content expressed in Vietnamese, except for the following cases:

a) A label of goods, slogans, trademarks, private names in foreign languages or words that have been nationalized cannot be replaced in Vietnamese;

b) Books, newspapers, electronic information pages, and publications are allowed to publish in Vietnamese, foreign languages; radio broadcasts, television programs in Vietnamese minority languages, foreign languages.

2. In the case of the use of both Vietnamese, the foreign language on the same promotional product is not over three-quarters of the Vietnamese alphabet and must be placed below the Vietnamese script; when broadcast on radio, television or on the lines. And by the way, you have to read Vietnamese in foreign language.

What? 19. Required for advertising content

1. The advertising content must guarantee honesty, accuracy, clarity, no damage to the producer, business, and the recipient of the ad.

2. The government regulates the requirement for the content of advertising the products, goods, special services.

What? 20. Ad Conditions

1. Advertising on the business of goods business, the service must have a business registration certificate.

2. Advertising for the types of products, goods, services must have documents that demonstrate the validity, the contract of the product, the goods, the service according to the rule of law.

3. The property advertising that the law stipulated that the property must have a certificate of ownership or the right to use it must have a certificate of ownership or the right to use of the property.

4. Advertising for products, goods, special services must ensure the following conditions:

a) The drug ad is allowed to advertise under the law of medical law; there must be a circulation permit in Vietnam that is still in effect and the manual is used by the Ministry of Health;

b) The cosmetic advertising must have a vote to publish cosmetic products in accordance with the law of health;

c) Chemical advertising, insect-killer, and medical use in the household and medical must have registered registration certificates issued by the Ministry of Health;

d) Milk advertising and nutrition products used for non-regulated children at paragraph 4 Article 7 of the Law must have a standard certification, food safety certificate for food products produced in the country; for products and products. The imported nutrition must have a product quality certification of the authority of the country's authority and the license to circulate;

Food advertising, food additive must have a safety certificate of safe hygiene in food, food additiers of the catalog must register a food safety quality of food or paper receiving the standard publication of the facility. State officials have jurisdiction over food, food addities in the category must publish standards;

e) The disease service advertising, healing must have a certificate of sufficient practice due to the prescribed medical profession by law;

g) The medical device advertising must have a circulation permit for a domestic manufacturing medical device or an import permit for the imported medical device;

h) Food protection drug advertising, plant protection materials, plant protection items must have a certificate of plant protection for plant protection. The advertising of the creature useful in the protection of the plant must have a plant translation license issued by the Ministry of Agriculture and Rural Development;

i) The veterinary drug advert, veterinary supplies must have a license to circulate the product and the specification of the product;

) The distribution of fertilizers, agricultural products serving farming, livestock feed, breeding products serving livestock must have a product quality certification or the self-publication of the quality of the product.

5. The government regulates advertising for products, goods, other special services when it comes to reality.

Item 2

ADVERTISING IN THE PRESS, ELECTRONIC MEDIA, TERMINAL EQUIPMENT, AND OTHER TELECOM DEVICES.

What? 21. Advertising in print

1. The ad area does not exceed 15% of the total area of a newspaper publication or 20% of the total area of a magazine publication, except for newspapers, advertisements, and advertisements; there must be signs of discrimination against other content.

2. The press agency is allowed to open advertising and must inform the state administration of the press in front of at least 30 days as of the first release of advertising.

3. Annex the advertising of the paper must be numbered; there is the same framework, released with the main page number.

4. On the page one of the advertising side must specify the following information:

a) The name of the newspaper;

b) Name, address of the press agency;

c) The line "Exhibit for advertising does not count on the sale price".

5. Not advertised on the cover of one of the magazine, the front page of the paper.

What? 22. Advertising on the report, report

1. The ad period in the newspaper said, the report was not exceeded

10% of the total amount of a day's broadcast of a broadcast organization, except for the amount of advertising on the channel, the program specializes in advertising; there must be a sign of advertising content advertised with other content.

2. The ad period on the pay TV channel does not exceed 5% of the total day the broadcast of a broadcast organization, except for the channel, the advertising speciation program.

3. Do not broadcast advertising in the following programs:

a) The time program;

b) The radio show, live television on special political events, the celebration of the great celebration of the nation.

4. Each story show is not interrupted to advertise too twice, each time no more than 05 minutes. Each entertainment game show is not interrupted to advertise over four times, each time no more than 05 minutes.

5. When the promotional product is accompanied by the main information content using a typewritten form or a motion picture sequence, the advertising product must be shown below the screen, no more than 10% of the screen height and not being affected. to the main event in the show. Advertising by this form does not count on the advertising period of the report.

6. The news agency says, the report has the need to launch the channel, the advertising program must have a state regulatory agency ' s license to the press. The file offers to issue a license to the channel, the program specializes in the following:

a) The application to grant the license to the channel, the advertising speciation program;

b) the opinion of the governing body;

c) The copy of the certificate of the press operation.

7. In case the press agency has the need to change the content of the license to the channel, the advertising program must submit a revised offer profile, adding a license to the state governing body for the press. The profile recommended for the amendment, the addition of the license included:

a) The application of the amendment, the addition of the license;

b) Copy that the license certificate is in effect.

8. The procedure, the licensing procedure is done as follows:

a) For a 30-day period, since the date of the filing of valid files, the state governing body of the press is considering issuing a license to the channel, the advertising program for the press agency; the case does not issue a license, must have a written answer and specify the reason;

b) For a 15-day period, since the date of receiving valid records, the state governing body of the press review, the revised license level, the addition to the press agency; the case does not issue a revised license, the addition must have an answer text and specify the reason;

c) In the 7-day period, since the date of the release of the channel, the program specializes in advertising or licensing of the amendment, addition; the license-granting agency must submit a copy of the license issued to the state governing body for advertising and the Provincial People's Committee, The central city (later known as the Provincial People's Committee) where the press agency is headquartered to co-ordinate in management.

What? 23. Advertising in electronic newspapers and electronic information pages.

1. The advertisement in the electronic paper must follow the following regulations:

a) Not designed, layout advertising and component content;

b) For advertisements that are not fixed in the fixed zone, it must be designed so that readers can either proactively turn off or open the ad, the waiting time or opening up to a maximum of 1.5 seconds.

2. Advertising on the state agency ' s electronic information page according to the regulation at 1 Article.

3. Advertising on the organization's electronic information page, foreign individuals business-based cross-border advertising business that has to be subject to advertising regulations in Vietnam must comply with the provisions of this Law and other provisions of the relevant law.

4. The government regulates these three things.

What? 24. Advertising on electronic media, terminal equipment, and other telecom devices.

1. Advertising by the form of text message, advertising email:

a) The organization, individuals are only allowed to send text messages and email messages when there is prior consent of the recipient;

b) A provider of electronic information services, telecommunications only allowed to send text messages, email content with advertising content about its services; only sent messages of advertising to the phone during the period from 07:00 to 22 hours; not sent too three times. the ad message to some phones, too three email letters to an email address within 24 hours, unless the case has a different agreement with the recipient;

c) The organization, individual advertising must guarantee the recipient of the ability to refuse advertising; must end immediately sending messages, email email if the recipient of the notification refuses to advertise and do not receive a service fee for the refusal of the user. Yes.

2. Advertising by other forms on electronic media, terminal equipment, and other telecom equipment must follow the regulations of this Law and other provisions of the relevant legislation.

Section 3

ADVERTISING ON PRINTED PRODUCTS, AUDIO RECORDINGS, RECORDING AND OTHER TECHNOLOGY DEVICES.

What? 25. Advertising on printed products

1. For books and materials in the form of books, only advertised on the author, the work, the publisher on the cover of two, three and four, except for the book specialiscope.

2. For non-business documentation, only advertised on the author, work, publisher or logo, logon, brand of goods, products, goods, services and activities of the organization, the individual is allowed to publish that document.

3. For paintings, photos, abscesses, shifts, leaflets, folding sheets, political, economic, cultural, social, scientific, scientific, technological, literary, advertising, art, art, art, art, art, art, art, art, art, art, art, art, art, art, art, art, art, art, art, art, art, art, art, art, art, art, art, art, art, art, art, art.

The logo, logoer, the advertising brand of the promoter must be placed at the bottom of the print product.

4. Unadvertised on printed products is money or paper priced, documents of certificate and state management text.

5. Advertising, photos, posters, ca-lots, leaves, sheets and printed products not in the case of a 3-and 4-paragraph course must specify a name, organization address, personal business individual advertising or advertising, print count, The print.

What? 26. Advertising in the recording, recording

The advertising period in the recording, cultural, artistic, film, recording, recording, recording, or illustration of the book was not exceeded 5% of the total content of the program.

Section 4

ADVERTISING ON THE BILLBOARD, THE BANNER, THE SIGN, THE LIGHT BOX,

SCREEN AND TRANSPORTATION

What? 27. Advertising on the billboard, the banner.

1. The ordering of the billboard, the sandals must comply with the regulation of the historic site protection area, culture; traffic safety corridors, dikes, national power grids; uncovered traffic signals, public instructions tables; not peer-to-peer. through traffic and must comply with local advertising planning and technical standards issued by the competent authorities.

2. The promotional products are shown on the billboard, the banner must be specified by the name, the address of the person execution.

3. Advertising on the billboard, the banner that has propaganda content, political dividends, social policy must follow the following regulations:

a) logo, wench, the mark of the merchandise of the advertisement shall be placed on the bottom side of the billboard, and on the side of the billboard, and on the right side for the breadth of the banner;

b) The visual area of the logo, the logo, the advertisification of the advert is no more than 20% the area of the billboard, the banner.

4. The suspension of the banners is no more than 15 days.

What? 28. Advertising on the ad.

1. The set of the advertising specialization must follow the provisions of this Law, the other regulation of the relevant legislation and the local outdoor advertising planning.

2. When performing an advertisement in an ad-based ad, the sky is not used for sound.

3. Advertising on the non-regulated screen at paragraph 2 This is used in sound according to the laws of the environment.

What? 29. Records of promotional products on the billboard, sandals.

1. The advertising product announcing the content of content, time, advertising venue, number of billboards, banners.

2. The copy of the business registration certificate of the advertising service business person or the advertising recipient ' s business registration certificate in the event of self-execution.

3. The paper copy proves the validity, the contract of the product, the goods, the service as defined by the law, or the proof paper that is eligible for advertising under the provisions of Article 20 of this Law.

4. The text copy of the organization of the organization ' s event in the event of advertising for the event, social policy.

5. Ma-pg product advert with the signature of the advertising service business person or signature of the promoter in the case of the self-execution of the advert. In the case of the advertising service business, the promoter is the organization that has to have the stamp of the organization.

6. The document proves ownership or the right to use the billboard; the ownership or the right to use the advertising venue for the banner.

7. The location of the advertising panel location.

8. A copy of the advertising license for the advertising board must have a construction permit under regulation at paragraph 2 Article 31 of this Law.

What? 30. Press product advertising on the billboard, the banner.

1. Organization, individuals with the need to perform advertising on the billboard, the banner must send a promotional product notification to the local advertising authority before carrying out a 15-day advertisement.

2. During the 5-day period of work, since the day the agency has jurisdiction over local advertising confirmed on the receiving of the file, if there is no reply, the organization, the individual being made the advertised product has announced. In the event that the agency with authority on the local advertising does not agree, it must be answered in writing and stating the reason.

What? 31. License construction license

1. The construction of a display of outdoor advertising, signage, independent billboards or attached to the pre-construction construction process must follow the provisions of this Law, the other regulation of the relevant law and outdoor advertising planning. Oh,

2. The construction of a display of outdoor advertising, signage, independent billboards or attached to construction work is available to apply for the construction permit of the local construction authority in the following circumstances:

a) Build an outdoor advertising panel with an area of one side from 20 square meters (m2) or more;

b) Build a sign, a billboard with a surface area of over 20 square meters (m2) metal framing texture or similar building materials attached to the available construction work;

c) The independent standing billboard has an area of one side from 40 square metres (m2) or more.

3. The profile offers a license to build a promotional work that includes:

a) The application to grant a license to build the advertising process;

b) The copy of the organization ' s business registration certificate, the individual recommends granting a license to build the advertising work;

c) A true copy of one of the following types of papers: a certificate of land use; written agreement or land lease agreement by law on land for independent advertising; the lease of the venue between the owner of the land. The construction of advertising works with the owner or owner of the legal use of the advertising process attached to the existing construction work or text that announces the result of the bid for the advertising venue in the planning of bidding;

d) The case of advertising works attached to the prior work must have the agreement text or the contract of the investment owner to build an advertising process with the owner or person assigned to the management of the work already before;

The design drawing of the legal design organization shows the face of the face, the cutting side, the typical face; the side of the work with the signature and stamp of the owner of the advertising building. Where the advertising process is attached to the previous work, the design drawing must be able to present a solution that links the advertising process into the previously available work.

4. The procedure, the licensing procedure for the construction of the advertising process is done as follows:

a) The organization, the individual recommended granting a license to build a promotional advertisement in the agency with the authority on local construction;

b) The advertising venue site located in the advertising planning has been approved by the Provincial People ' s Committee, for a 15-day period, since the valid adoption date, the agency with the authority on the local construction of the license to build the advertising work permit. for the organization, the individual. The case does not issue a license, must respond in writing and specify the reason;

c) The local case has not approved the advertising planning, for a 2-day period of work, since the date of a valid filing, the agency with the authority on the construction of the local to submit documents, boards, and related fields. During the 5-day period of work, since the date of receiving an opinion of the authority of the authority on the construction of the locality, the departments, the departments, the above-listed sector have to be aware of the written answer to the authorities with the authority on the local construction. In the 13-day period, since the day of receiving the opinions of the departments, the department, the sector above, the authority on the authority of the local construction must grant permission for the construction of advertising for the organization, the individual. The case does not issue a license, must respond in writing and specify the reason.

What? 32. Advertising on social media

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

2. No promotional product on the front, rear and on the roof of the transport vehicle. Advertising products do not exceed 50% of each item allowed to advertise by transport. The representation of the logo, the flag, the symbol of the transport owner or the vehicle in the vehicle, is required to comply with the regulations of the law.

What? 33. Advertising by loudspeaker and similar form

1. Advertising by loudspeaker and similar form at the fixed location must comply with the following regulation:

a) Advertising should not exceed the noise permitted by the regulation of the law on the environment;

b) Not advertised at the agency headquarters, the armed forces unit, the school, the hospital;

c) Not advertised on the radio system serving the political mission of township, ward, town.

2. Not advertised with loudspeaker attached to the vehicle of transportation and other mobile vehicles at the city 's inner city, the city' s interior, town.

What? 34. Organization of the organization, individual operating production, business

1. The sign must have the following content:

a) Direct host name (if any);

b) The name of the production base, the business according to the business registration certificate;

c) Address, phone.

2. The expression of the writing on the sign must comply with regulation at Article 18 of this Law.

3. The size of the sign is specified as follows:

a) For the horizontal sea the maximum height is 2 metres (m), the length does not exceed the front of the home facade;

b) For vertical signage, the maximum horizontal length is 1 metres (m), the maximum height is 4 metres (m) but not exceeding the height of the floor where the sign is located.

4. The sign is not covered in the space of escape, fire saving; no pavement, road, impact, impact on public transport.

5. The booking of the sign must comply with the regulations of this Law and the technical norm issued by the competent authority.

Section 5

ADVERTISING IN THE CULTURE, SPORTS, CONFERENCE, WORKSHOPS, FAIRS, AND ...

THE EXHIBITION, WHICH ORGANIZES THE EVENT, THE CREW CARRYING OUT THE AD, THE ADVERTISING OBJECT

What? 35. Advertising in the cultural, sports show

1. Advertising in the cultural, sports program must follow the law of performing arts and performance, sport.

2. Do not hang, place, paste, build a horizontal or higher advertising product, the logo or the name of the show; the text is shown on the advertising product not too part of the program ' s given name.

3. Advertising on the stage area must ensure the us and not to obscure the view of the viewer.

4. Advertising in the stadium, the arena and the venues that take place sports sports are not covered by the National Flag, the National Medal, the leadership photo, the professional guidance panel and the audience ' s vision; do not affect training activities, compete, and play. performance of the athlete, the direction of the coach, and the task of carrying out the duties of the organization, the referee, the instructor, the medical, the waiter.

What? 36. The delegation performs advertising, workshops, conferences, fairs, exhibitions, event organizations, advertising objects, and more.

1. The delegation of the ad must follow the following regulations:

a) The crew who carried out the advertisement were the crew from three people who came back dressed or carrying images, the items that displayed a product of advertising at a location or movement on the roads.

b) The crew to implement the advertisement must ensure the safety of traffic, social safety; adhering to the laws of advertising and other regulation of the relevant law;

c) The organization, the individual organization that executed the ad, must inform the authorities about the local advertising of content, the form of advertising products, the number of participants who perform the advertising, the time and the actual route. The slog is 15 days before the day of the commercial.

In the 15-day period, since the date received notice, if the agency's authority on local advertising does not agree with the announcement, it must be answered by writing and stating the reason. It is too late without the written answer, the individual being made advertising according to the message.

2. The workshop, conference, event organization, exhibition, person who transfers advertising products, advertising objects, and other advertising must comply with the regulations at this Law and other regulations of the relevant law, ensuring urban Americans, landscapes, and other institutions. the environment, the safety of traffic, the social safety order.

Section 6

OUTDOOR ADVERTISING.

What? 37. Content and principles of outdoor advertising planning

1. The outdoor advertising plan must determine the location, style, size, material, the number of advertising vehicles on the highway, the highway, the highway; in the inner city, the interior.

2. The construction of outdoor advertising planning must comply with the following basic principles:

a) In accordance with the provisions of the law of advertising, construction, transport and other regulation of the relevant law;

b) In accordance with the local construction planning, guarantee urban, safety and social safety;

c) Security guarantees, public, transparent and viable;

d) Secure the unity, harmony between the localities at the adjacent points on the axis of the highway, the province;

Precede the succession of advertising positions in accordance with the previously existing planning; in the case of implementing or regulating the planning of the damage to the organization, personally, the planning agency is responsible for organizing compensation in accordance with the rule of law;

e) Take the opinion of organizations, individuals engaged in advertising and people activities.

3. The government rules specifically on the filing, construction process, approval, implementation and regulation of advertising planning.

What? 38. Construction and direction of execution of outdoor advertising.

1. The Provincial People ' s Committee is responsible:

a) Build and approve local outdoor advertising planning in the 12-month term, since the Day of Law is in effect;

b) The adjustment of advertising planning in accordance with the development of the locality;

c) The listing of planning and blueprint details at the headquarters of the People's Committee and published on the local news media;

d) Guide, foreman, check out the execution of outdoor advertising.

2. The Ministry of Construction is responsible:

a) The practice of technical regulation on outdoor advertising vehicles for a period of 6 months, since the date of the Law is in effect;

b) Coordinated with the Ministry of Culture, Sports and Tourism, Ministry of Transport and related ministries that guide local advertising planning processes under the technical code issued by the Ministry of Construction.

Chapter IV

ADVERTISING HAS A FOREIGN ELEMENT

What? 39. The advertising of the organization, foreign individual in Vietnam

1. Organization, foreign individuals operating in Vietnam are advertised on its products, goods, services, and operations in Vietnam as defined by the Law.

2. Organization, non-active foreign individuals in Vietnam are required to advertise their products, goods, services, and operations in Vietnam to hire Vietnamese advertising business people.

What? 40. Cooperation, investment with foreign countries in advertising operation

1. Organization, foreign individual to be partnered up, invested with the Vietnamese advertising services business in the form of joint venture and business cooperation contract.

2. The cooperation, foreign investment in advertising activity must follow the laws of investment law.

What? 41. The representative office of the foreign advertising business in Vietnam

1. Foreign advertising business is allowed to establish a representative office in Vietnam.

2. The representative office is operated when there is a license by the Provincial People ' s Committee where the foreign business recommended the establishment of the representative office.

3. The representative office is only promoted to advertise, not directly to the advertising service business.

4. The government rules for jurisdiction, records, sequences, licensing procedures established the representative office of foreign advertising business in Vietnam.

Chapter V.

EXECUTION CLAUSE

What? 42.

The law came into effect on 1 January 2013.

Digital advertising ordinance 39 /2001/PL-UBTVQH10 November 16, 2001 expires since the date of the law is valid.

What? 43. Details regulation and execution guidelines

The government, the authorities with the authority to regulate the details, guidelines for the implementation of the provisions, which are assigned in the Law.

The law was held by the National Socialist Republic of Vietnam XIII, the third session through June 21, 2012.

President of Congress.

(signed)

Nguyen Gung Xiong