ORDINANCE on advertising _ _ _ _ _ _ _ _ to enhance the effectiveness of advertising, to protect the legitimate rights and interests of consumers, of the organization or individual in advertising activities, contribute to promoting socio-economic development;
Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;
Based on the resolutions of the National Assembly session, 8 X on the building laws and ordinances in 2001;
This Ordinance regulates advertising.
Chapter 1: GENERAL PROVISIONS article 1. Scope and objects 1. This Ordinance regulates advertising activities; rights, obligations of organizations, individuals active in advertisers.
2. this directive applies to organizations, individuals, organizations, Vietnam foreign personal ad activity on the territory of Vietnam. In the case of international treaties to which the Socialist Republic of Vietnam signed or otherwise specified, the applicable international treaties.
Article 2. The Organization's ad rights, personal organization, individuals have the right to direct advertising of business activities, goods, services or hiring organization, personal business ad services make advertising for themselves.
Article 3. The State's policy with regard to advertising activities 1. The State protects the rights, legitimate interests of advertisers, advertising services business person, issuer and consumer advertising.
2. the State creates conditions for the advertising services business, who released the ad developed diverse types of advertising, improving the quality of the ad, contributing to socio-economic development.
3. the State encourages Vietnam people settled abroad, organizations, foreign cooperation, personal development investment of advertising services in Vietnam.
Article 4. Explanation of terms In this Ordinance, the terms below are interpreted as follows: 1. The ads are introduced to consumers about doing business, goods, services, including services of lucrative purposes and services do not have lucrative purpose.
The service has a lucrative purpose is service to generate profit for the Organization, the individual services.
The service has no lucrative purpose is not to generate profit for the Organization, the individual services.
2. Who is advertising the Organization, individuals wishing to advertise on business activities, goods and services.
3. promotional products is product advertising content, expression, form of advertising.
4. The promotional release is held, bringing individuals advertising products to consumers, including press agencies, publishing houses, the Organization of management of computer information networks, the organizer of the cultural programs, sports, fairs, exhibitions and the Organization, individuals using other advertising media.
5. Promotion of advertising is search activity, boosting chances of contracting advertising services, and the supply of advertising services.
6. Who is the advertising services business organizations, individuals make a, some or all of the stages of the process of advertising activity aimed at lucrative.
Article 5. These acts prohibited in advertising activities prohibits the following acts: 1. Ads do State secrets revealed, detrimental to national sovereignty, independence, security, defense and social security;
2. Advertising contrary to historical tradition, cultural, moral, the customs of the peoples of Vietnam;
3. use of the national flag, national emblem, the Party, the national anthem or hymn tunes, photos, pictures, leader of Vietnam coins, images, traffic signs to advertise;
4. the deceptive advertising;
5. adverse effect on advertising landscape, landscape, environment and traffic safety order;
6. Use advertising to offend the honor, prestige or violate the rights, legitimate interests of organizations and individuals;
7. Product advertisements, goods not allowed, not allowed to perform services at the time of advertising;
8. Advertising of goods, services, or business law banning advertising.
Chapter 2: AD article 6 ACTIVITIES. Advertising content 1. Advertising content includes information about ad operations, goods and services.
2. Advertising information about business activity, goods, and services, to ensure honest, accurate, clear, without causing damage to producers, consumers and business.
Article 7. Form of advertising 1. This form of advertising is the advertising products by voice, text, icons, colors, light, images, actions, sounds, and other forms.
2. Advertising must be clear, easy to understand, highly aesthetic.
3. the advertising must have a distinguishing sign advertising information with the information that is not advertising to not cause confusion for producers, consumers and business.
Article 8. The voice, the word written in ad 1. The voice, the written word used in the ad is Vietnamese, except for the following cases: a) wording was internationalization, branding or not replaced by Vietnamese;
b) advertising through books, newspapers, publications are allowed to publish in ethnic minorities in Vietnam, foreign languages; radio programs, television by minorities in Vietnam, foreign languages.
2. In the case of both Vietnamese, ethnic minorities in Vietnam, foreign languages on the same advertising products, then written Vietnamese before, next to the ethnic minorities, foreign language and the minorities suffering, suffering, the foreign Word is not greater than the Vietnamese Word gauge.
Article 9. Advertising media advertising media include: 1. The press including newspaper, newspaper, printing press, the electronic message;
2. computer information Network;
3. Publications including films, photos, videotapes, video discs, audio tapes, audio discs;
4. the cultural activities programme, sports;
5. Fairs, exhibitions;
6. The table, sea, pa, banners, screen latest public place;
7. Objects, objects in the air, under water;
8. Vehicles, other mobile objects;
9. Goods;
10. The other advertising media in accordance with the law.
Article 10. Advertise in newspapers 1. Print advertising is not more than 10% of the area, except in specialized newspaper advertising; each ad for a product not more than 5 days for daily newspapers or 5 consecutive numbers for the report issued periodically; advertisements from at least 5 days for daily newspapers or at least 4 consecutive numbers for the report issued periodically; not advertising operations, goods and services on a page, the cover a.
2. The newspaper said billed no more than 5% of the length of the program, except for professional advertising channels; each broadcast for a product advertised not so 8 days, unless specifically prescribed by the Government; every day 10 times; advertisements from at least 5 days; not soon after, music advertising in the program.
3. Press the picture is not more than 5% of the length of the program, except for professional advertising channels; each broadcast for a product advertised not so 8 days, unless specifically prescribed by the Government; every day 10 times; advertisements from at least 5 days; not soon after, image ads in the program.
4. the electronic Newspaper is advertised as for print media specified in clause 1 of this article.
Article 11. Advertising on computer information network advertising on computer information networks must be done in accordance with the provisions of the law on advertising, access services, connectivity services and providing the kind of service advertisements on computer information network; implementation of the regulations on professional techniques, in order to ensure the State secrets.
Article 12. Advertise on publications

Advertising on publishing is done according to the following rules: 1. Only advertised on the cover of the play students the product advertising content that serves for learning;
2. Films, videotapes, discs, audio tapes, audio discs and the other recording media that are not more than 5% of the length of the program;
3. do not advertise their business activities, goods, and services, on the cover of one of these types of books; no ads in textbooks, curriculum, political writings;
4. The provisions of the law on publishing and the provisions of this Ordinance.
Article 13. Advertising in the program of cultural activities, sports, fairs, exhibition advertising through cultural activities, sports, fairs, exhibitions must be made according to the provisions of the law on the performing arts, sports, fairs, exhibitions and the provisions of this Ordinance.
Article 14. Advertising on other media advertising on the means prescribed in points 6, 7, 8 and 9 Article 9 of this Ordinance must comply with the provisions of the law on advertising, on rural and urban planning, ensure the landscape of the town, the landscape, the environment, traffic safety and order , social security.
Article 15. Conditions for business advertising, goods, services 1. Advertising conditions for business activities, goods and services are defined as follows: a) advertising the goods list to check the quality or list must have quality certificate must have the certificate of the State administration of quality goods; the case of self-published the standard of quality of the goods they must be writing self-published; the case of the goods is subject to intellectual property right certificates;
b) ads that property law provides that property to register ownership must have the certificate of ownership of the property;
c) advertising on business activities, goods, and services must have a business registration certificate;
d) advertising on computer information network; on the table, sea, pa, banners, screen latest public places, animals, air, water bodies, vehicles, other mobile objects must have a license made by ad agency governance authority on culture and information.
2. Advertisers must present the documents prescribed in paragraph 1 of this article for the business services ads or ad issuers; advertising services business person must present the documents prescribed in paragraph 1 of this article for the release of the ad.
Article 16. The authority and the licensing procedure done ad 1. Ministry of culture-information license made advertising on computer information network, channel, channels, radio programs, television programs and advertising specialist for extra extra Professional Edition, page with ads.
2. The Department of culture and information license to make advertising on the table, sea, pa, banners, screen latest public places, animals, air, water bodies, vehicles, other mobile objects.
3. The Ministry of culture-information specifies licensing procedures make the ad.
Article 17. Advertising services contract hiring advertising service must be established by contract. Advertising services contract must be made in writing to have the following content: 1. Name, address, the parties to the contract;
2. The form, content, media, product advertising;
3. The time, place, scope of advertising;
4. Service fees, other costs involved and the method of payment;
5. Rights, obligations of the parties;
6. Liability due to breach of contract;
7. Other content due to the parties to the agreement.
Chapter 3: OPERATIONS of FOREIGN ELEMENTS AD Article 18. The Organization's advertising, foreign individuals 1. Organizations, foreign individuals operating in Vietnam are direct advertising of business activities, goods, services or rent the Vietnam advertising services business, who released the Vietnam advertising done ads for themselves.
2. organizations, foreign individuals do not operate in Vietnam want to advertise in Vietnam on business activities, goods, services to hire advertising services business people Vietnam, Vietnam ad issuers make advertising for themselves.
Article 19. Advertising Representative Office representative office of the Organization, personal ad service business overseas in Vietnam only to be active after the permission to open a representative office of the competent State Agency and only made the promotion ad, not directly advertising services business.
Article 20. Branch organization, advertising personal business foreign advertising services branch in Vietnam was set to make the business of advertising services.
The Government specifies the establishment and operation of branches of foreign advertising in Vietnam.
Article 21. Cooperation, in advertising activities organization, the Vietnam business personal ad services cooperate, invest in advertising activities with organizations, foreign individuals under the provisions of the law.
Article 22. Advertise in foreign institutions, individuals promoted Vietnam on business activities, goods and services abroad in accordance with the law.
Chapter 4: RIGHTS and OBLIGATIONS of the ORGANIZATION or individual OPERATING the AD Article 23. The rights and obligations of the ad 1. The ad has the following rights: a) advertising on business activities, goods and services;
b) choose the ad service business, the release of advertising, the media and advertising;
c) registration of intellectual property rights protection for your advertising products;
d) other rights prescribed by law.
2. Advertisers have the following obligations: a) matching ads to the content of the business registration certificate;
b) make sure the ad content to be honest, exactly;
c) perform the duty has signed in the contract;
d) perform other duties specified by law.
Article 24. The rights and obligations of the business of advertising services 1. Business advertising service have the following rights: a) option form, the business of advertising services;
b) requires advertisers to provide honest, accurate information about the advertising content;
c) registration of intellectual property rights protection for your advertising products;
d) cooperation with organizations, individuals active in advertising;
DD) joined the advertising Association in the country and abroad;
e) other rights prescribed by law.
2. advertising services business Who have the following obligations: a) to comply with the provisions of the business registration certificate;
b) comply with the provisions of the law on advertising;
c) perform the duty has signed in the contract advertising services;
d) compensation for damage caused by themselves;
DD) perform other obligations prescribed by law.
Article 25. The rights and obligations of issuer ad 1. The release of the ad is advertising on their vehicles and charge service released an ad under the rule of law.
2. The person who released the ad with the following obligations: a) in compliance with the provisions of the law on the press, publishing, management of computer information networks, cultural programs, sports, fairs, exhibitions and this Ordinance in the use of press releases, publications, computer information network program of cultural activities, sports, fairs, exhibitions and other promotional media to advertise;
b) made a contract to release an ad signed with advertisers or advertising services business;

c) damages caused by themselves;
d) perform other duties specified by law.
Article 26. The rights and obligations of the media to advertise rental 1. The vehicle rental for advertising has the following rights: a) the choice of the ads, the ad service business;
b) fee from the rental of vehicles to advertise under the agreement in the contract;
c) other rights in the lease vehicles to advertise under the provisions of the law.
2. The rental of vehicles to the ad with the following obligations: a) done properly the obligations in the contract for the rental of vehicles to advertise has signed;
b) damages caused by themselves;
c) perform other obligations in the lease vehicles to advertise under the provisions of the law.
Article 27. Taxes, fees, advertising fees advertisers, advertising services business people, who released the ad, the ad media hire has the obligation to pay taxes, charges and fees as prescribed by the law.
Chapter 5: managing the STATE on ADVERTISING Article 28. State management content for ads in State management content for ads include: 1. develop, implement, planning Director of the plan, ad development policies;
2. Enact, implement the legal text on advertising;
3. Grant, revoke the license of advertising; the license put the advertising representative office, branch of the Organization's ads, personal ads service business overseas in Vietnam;
4. Organization, management training, research, science and technology applications in the field of advertising;
5. implementation of the international cooperation on advertising;
6. test, inspection, complaints, accusations and handle breach of the law on advertising.
Article 29. State Management Agency about advertising 1. The unified Government to manage state on the ad.
2. The Ministry of culture and information, the Government is responsible to implement state management for ads.
3. Ministry of Commerce, ministries, ministerial agencies, government agencies in the scope of the task, their powers are responsible for coordination with the Ministry of culture and information, made the State management of ad.
4. the people's Committee in the scope of its powers, duties make the governance of local advertising according to the hierarchy of the Government.
Article 30. Detective Inspector ads State for culture and information, made the inspection function specialization on advertising.
The specific duties of the Inspector of the State cultural-information advertising due to government regulations.
Article 31. Complaints, accusations and complaints, report 1. The Organization, individuals have the right to complain; individuals have the right to report violations of legislation on advertising.
2. organizations and individuals who are competent to receive complaints, accusations are responsible for resolving complaints, accusations under the provisions of the law on complaints and denunciation.
Chapter 6: REWARDS and TREATS breach of article 32. Rewards organizations, individual achievement in advertising activity shall be rewarded according to the provisions of the law.
Article 33. Handle violation 1. People would be violations of the law on advertising, then depending on the nature and extent of the violation that sanctioned administratively or prejudice criminal liability; If the damage is compensated according to the provisions of the law.
2. Who's taking advantage of a position of authority, violating the regulations of the granting, revocation of the license made advertising, advertising activity hindering the proper law of the Organization, the individual; harassment or other acts violating the provisions of this Ordinance and the provisions of the relevant law depends on the nature, the extent to which violations were disciplined or suffer prejudice criminal liability; If the damage is compensated according to the provisions of the law.
Chapter 7: terms of the IMPLEMENTATION of Article 34. Effect 1. This Ordinance is in effect from July 1, 2002.
2. The previous provisions contrary to this Ordinance are repealed.
Article 35. Government enforcement guide detailing and guiding the implementation of this Ordinance.