The DECREE detailing implementation of the Ordinance the GOVERNMENT advertising Act Government base on December 25, 2001;

The base ad Ordinance No. 39/2001/PL-UBTVQH10 on November 16, 2001;

According to the recommendation of the Minister of culture and information, the DECREE: chapter I GENERAL PROVISIONS article 1.

1. organizations, individuals, organizations, Vietnam foreign individuals advertising activities; business, advertising, goods, services (including lucrative services and service not lucrative) on the territory of Vietnam must comply with the provisions of the Ordinance on the ad, the provisions of this Decree and the provisions of relevant laws.

2. The information about politics not in the scope of the Ordinance on the ad and this Decree.

Article 2. Some of the wording in the Ordinance the ad was interpreted as follows: 1. the lucrative service advertising is advertising on the service economy, the society aims to generate profits of the Organization, the individual services.

2. Advertising services not lucrative is advertising on the service policy of the society and the information in order to notify, text messaging, classifieds.

3. The amount of time the ad is broadcast advertising time on radio, television; the amount of advertising time in the program of films, videotapes, discs, audio tapes, audio discs or program in cultural and sports activities.

4. The rate of ad duration is the amount of time is calculated by the percentage of airtime advertising on the total time of the program broadcast a radio channel, a television channel in a day or the ad time on the total program time of a movie, a picture disk video, audio tapes, audio discs, a program of cultural and sports activities.

5. advertising area is the area to post print ads on the printing press; is an area of product advertising on the table, sea canoe, pa; an area of enemies, drawing on material, transportation, aerial, underwater objects, other mobile objects and other similar forms of product advertising.

6. An ad is posted the ad time for a print newspaper ad products, ad broadcast repeatedly on radio, television, time constant advertising on banners, luminescent creatures, objects, and other mobile objects.

7. advertising Professional program is about time continuous broadcast on radio, tv station ad products that broadcast time than ten minutes.

8. The process of advertising activities is the implementation of marketing strategies, advertising promotion, advertising consultant, made the idea of advertising, promotional release, introduces product advertising to consumers.

Article 3. Some of the prohibited acts in ad operations as specified in article 5 are specific advertising Ordinance as follows: 1. The advertising nature of ethnic discrimination, racism, violate freedom of belief, of religion;

2. nature of advertising stimulates violence, horror; use of unfair terms;

3. Use photos of people from the party leadership and the State of Vietnam;

4. improper advertising of quality goods, services; incorrect address production base, sales, service;

5. Forced ads in all forms;

6. limited ad visibility of traffic participants; affecting the dignified at work of the State authorities; used audio noise exceeds permitted noise standards of Vietnam;

7. Advertising talk bad, compare or confuse with production facilities, business, goods, services of others; using the title, the image of the Organization, the other individual to advertise without the consent of the Organization, that individual;

8. Advertising medicines to the seller according to the menu of the physician; the drug has not yet been granted or expired registration, was removed from the formulary allows use; smoking has been registered but suspended in circulation; medical devices have not been allowed to use medical services, have not been allowed to perform in Vietnam;

9. Advertising of goods or services that the law banning advertising.

Chapter II article 4 ADVERTISING ACTIVITIES.

1. Advertising information about operations to be honest, accurate, true to the scope, the industry registered the business.

2. Advertising information on goods, services to lucrative reflects honest, correct, true to size, quality, use, trademarks, designs, types, packaging, origin, method of service, duration of use, the warranty period, the warranty period.

3. Advertising information about services not lucrative must be truthful, accurate, properly reflect the requirements, possibilities, the quality of service.

Article 5.

1. Advertising products on the table, sea, pa, banners and similar forms to record the license number, license term, the name of the permission to carry advertising.

2. promotional products shown on the posters to write license number, the name of the person requesting permission to publish, print base name, the number of prints.

3. Advertising in private or private page section must have and must specify the item advertising information; advertise on the radio, the tv station must have a voice or text clearly advertising information section.

Article 6.

1. Print out extra copies, inserts and advertising professionals to be the Ministry of culture and information. The page number of the page dedicated to advertising does not exceed the main newspaper page and not included in sale price.

2. no advertising on the cover of a newspaper's front page, date, report issued periodically, magazine, featured extra, except of quote san, specializes in advertising.

Article 7.

1. no advertising immediately after the performance, the music of the radio programs, television, except for films, art, sports, entertainment.

2. Each broadcast for a product advertised on the radio, the tv station not too eight days, except in the following cases: a) sponsored ads attached to a continuous active too on the eight-time continuous operation that counts as an advertisement;

b) advertising the services of not lucrative to make social policy attached to an activity takes place eight days too time continuous operation that counts as an ad.

Article 8.

1. continuous advertising too and ten minutes on the radio, the tv station is counted as a specialized program advertising and should be the Ministry of culture-information.

2. Each film program on the tv station not be interrupted to advertise too twice, each time not more than five minutes; each recreation program on radio, not television advertisements than four times, each time not more than five minutes.

3. Advertising the business, goods or services of one person or a person in the business of advertising services is not too fifty percent of the amount of each ad on the radio station, tv station.

Article 9. Advertisements in newspapers by the press agency heads, the editor or the Director General, the Director is responsible for the content, form, location, duration, or an area of advertising on their vehicles.

Article 10. The Agency, organization, enterprise business services advertising computer information network to be the Ministry of culture and information and must have the certificate of business registration of advertising services.

Article 11.

1. Advertising on the publications are published as planned by the Director of the publishing house responsible for advertising and product placement ads on the publications.


2. Advertising on the publications of its kind are licensed to publish must be allowed by State regulators about published under the provisions of the law on publishing.

Article 12. Advertising on the table, sea, pa, display, banners, emitting objects, objects in the air, under water, other mobile objects and similar forms of hanging, latest, paste, erected outdoors or in public points are defined as follows: 1. Not be obscured on ten percent of the advertising products have yet set before the time limit , towards the front, two hundred meters, look at the square to the middle with ads before;

2. Do not place in traffic safety corridor, Dyke, national grid; not obscure signs, traffic lights, public instruction sheet;

3. In the municipalities, the advertising restrictions had a large area not suitable for urban planning, safety, social and environmental landscape.

Article 13. Product ads in the celebrations, conferences, workshops, performing arts, cultural, sports competition, not suspended, placed, paste, building on a par or higher badge (logo) or the name of the program; the word gauge shown on the ad products must be less than the font name of the gauge of that program.

Article 14. Advertising on other advertising mediums such as umbrellas, strollers, crates, awnings, strings of flags and other widgets do not have to ask permission, but must comply with the provisions of the law on advertising and the other provisions of the relevant laws.

Article 15.

1. organizations and individuals want to advertising services business must have a business registration certificate under the provisions of the law.

2. within five working days, organization, personal ad service business branch or representative office in the other cities, must notify the business registration office and the provincial Department of culture and information, where the branch or representative office said. Message content includes: a) the name and head office address of the business;

b) business lines;

c) name and head office branches and representative offices;

d) content, the scope of activities of the branch, Representative Office;

DD) name, the residence of the head of branch, Representative Office.

3. The certificate of business registration services advertised by the business registration office, district and county level level level only to be active within the province, the central cities.

Article 16. The Organization, personal ads service not lucrative must present a written guarantee the truthfulness, accuracy of informational content, advertising when a person or business who released the ad request.

Article 17.

1. organizations, individual business, advertising goods, services must have a business registration certificate under the provisions of the law.

2. product ads in goods of categories must apply and the Vietnam standards certification must be competent State bodies the certification standard fit Vietnam.

3. product ads in goods of categories must apply and certify industry standards or other standards, they must have the certificate of conformity to standards of competent State agencies.

4. Advertising of drugs and drug ingredients, cosmetics, vaccines, born immune products, tools, medical equipment, medical service and food advertising to announce the full content ad products with the Ministry of health or the Department of health if authorized by Ministry of health. In case of failure to agree with advertising products, the Ministry of health or the Department of health must be notified in writing to the ad and the ad service business.

Within ten working days from the date of receiving the written notice, if the Ministry of health or the Department of health has no text answered the ad or ad service business people have the right to carry advertising as content was announced.

Only drug ads by category of drugs be advertised by the Department of Health issued.

5. The promotion of breast milk substitutes must comply with the provisions of the law on business and the use of alternative products, breast milk.

6. Promotion of biological products serving the cultivation, livestock, feed, veterinary medicine, plant protection products, fertilizers, fertilizer, seed, livestock breeds must be fully informed of the content of advertising with the Ministry of agriculture and rural development. In case of failure to agree with the content of the notice, the Ministry of agriculture and rural development must be notified in writing to the ads or ad service business people.

Within ten working days from the date of receiving the written notice if the Ministry of agriculture and rural development has no text answered the ad or ad service business people have the right to carry advertising as content was announced.

7. Advertising on inventions, utility solutions, industrial designs, trademarks, designations of origin, geographical indications, trade names, copyright and related rights to ensure the truthfulness of the information regarding the status of protection of this object under the provisions of the law for the protection of industrial property rights and copyrights.

Article 18. Organization, production and trading of personal trades, many types of products, goods that share a brand (name), when the ad must clearly state the content industry, product type goods need advertising.

Article 19.

1. Advertising products made on computer information network by the heads of agencies, organizations, businesses are allowed to provide Internet service is responsible. Advertising on the screen put in public by the media owner is responsible and comply with the following rules: a) advertising on a computer network to send advertising products to the Ministry of culture-information before making the ads at least ten working days;

b) ads on the screen put the public to send advertising products to the Department of culture and information before making the ads at least ten working days.

Within five working days of receipt of product advertising, if the Ministry of culture and information, or the Department of culture and information do not agree with the product advertising they must reply in writing stating the reason. So the time limit above which no text answered then made advertising products that you've sent.

2. For ads by the table, sea, pa, then transport the deadline made no more than three years of ads; When expiry if they wish to extend must be the Department of culture and information.

The case of a change in position or size or product advertising are to be the Department of culture and information.

3. for advertising with banners, emitting objects, objects in the air, under water, other mobile objects on an activity that defines the time advertised in both time and place not earlier than five working days, then no more than two working days.

Case ad about an activity not specified time then for a period not exceeding fifteen working days. The distance between the campaigns as little as eight business days.

Article 20. Must not exceed ten working days from the date of receipt of a valid application, the Ministry of culture and information, or the Department of culture and information to licensed carry advertising. In case no license must reply in writing stating the reason.

 

Chapter III ADVERTISING ACTIVITIES HAVE FOREIGN ELEMENTS


Article 21. Organization, Vietnam has personal business registration certificate of advertising services by provincial business registration office is partnering with organizations, foreign individuals to business advertising services contract form business partnership or joint venture and only acted after the State Agency has the authority to license investment.

Article 22.

1. Ministry of planning and investment has responsibility for reception, send the records to the Ministry of culture and information and the relevant State organs shall participate in the evaluation of the projects of foreign investment capital in the field of advertising.

2. The Ministry of culture and information, join the opinion of the evaluation for foreign investment projects in the field of advertising.

3. Within the time limit must not exceed fifteen working days from the date of receipt of a valid application, the Ministry of culture – information must respond in writing to the competent State agencies for licensing investment.

4. content join the opinion of the evaluation project for foreign investment include: a) the relevance of the project for the planning of advertising;

b) technique and the Organization's ad technology, foreign individuals;

c) socio-economic benefits;

d) scope and advertising field;

DD) the other provisions of the law on advertising.

Article 23. The Organization, the individual licensed foreign investment before the operation within a period of five working days must be notified in writing to the Department of culture and information, headquarters, accompanied by a copy of the license on foreign investment (notarized).

Article 24.

1. organizations, personal trading foreign advertising services are licensed to establish a representative office in Vietnam when there was business advertising service or a similar legal papers according to the regulations of the country in which the Organization, that individual citizenship.

2. the people's committees of provinces and cities under central hosts, personal ad service business abroad suggest establishment of a representative office is responsible for granting, modifying, adding, to revoke the license to establish representative offices operate in the field of advertising.

3. Rights and obligations of the representative office and people who work in offices: a) the implementation of the rights and obligations under the provisions of the law on advertising;

b) only works in specific content recorded in the license;

c) Vietnam and people hired foreigners to do the work; people who work in offices must pay tax according to the provisions of the law of Vietnam;

d) Be open accounts in foreign currency expenditure and dedicated member specializing in the genus in the currency native Vietnam Exchange in banks are allowed to operate in Vietnam and just use this account on the activities of the representative office; A representative office has its own stamp in accordance with the law of Vietnam;

periodic reports) once a year about the activities of the representative office with the licensing agency.

Article 25.

1. organizations, personal trading foreign advertising services are licensed to establish a branch in Vietnam when the following conditions: a) Has registered the business advertising service or a similar legal papers according to the regulations of the country in which the Organization, individuals headquartered;

b) was operational from five years or more since registering the business and has a representative office in Vietnam from the seven years since December 2001 if not illegal Vietnam.

2. The Ministry of culture and information, modify, Supplement, revoked license branch activities in the field of advertising.

3. Rights and obligations of the branch and the people working in the branch: a) operating under the contents stated in the permit;

b) Vietnam and people hired foreigners to do the work; people who work in the branch must pay tax according to the provisions of the law of Vietnam;

c) must make the accounting mode and can only be applied to other common accounting mode under the provisions of the law of Vietnam;

d) periodic reports once a year to license the operation of branch financial report, certified by the auditing Agency of Vietnam or the independent audit Agency be allowed to operate in Vietnam. In case of need, as required by the competent authority under the provisions of the law of Vietnam, the branch is obliged to provide documents, reports or explain the issues related to their activities.

Article 26.

1. licensing records established representative offices, branches, including: a) the Organization's Single, personal ad service business abroad suggest licensing established representative offices, branches (according to the model by the Ministry of culture-information rules);

b) a copy of the business registration certificate of the same legal papers according to the regulations of the country be the competent agency of a foreign and Vietnamese translation. The copy must be certified in water bodies or diplomatic missions, Consulate of Vietnam abroad.

2. organizations, personal ad service business abroad send licensing proposal established a representative office, branch to the licensing authority specified in article 24, article 25 of this Decree.

3. within fifteen working days from the date of receipt of a valid application, the competent licensing authority must license the establishment of representative offices, branches. In the case of records are incomplete or not yet valid, within three working days from the date of the application, the licensing authority must have the message text for the Organization, personal service business overseas advertising supplement, complete the profile.

4. content, time activity of representative office, branch was specified in the license.

5. within forty-five days from the date licensee, representative offices, affiliates must operate and must have written to notify the licensing authority of the location based, Vietnam, the number of foreigners working in representative offices, branches.

6. In the case of a representative office, branch of the Organization, personal ad service business abroad have changed about the name, nationality; They name the representative; the number of foreigners working in the branch, Representative Office; Active content, the seat of the representative office, branch must notify the licensing agency know.

Article 27.

1. license latest representative office, branch is revoked in the following cases: a) expiry licences but continues to operate;

b) misuse or non-functioning properly with the content specified in the licence;

c nominal) refers to representation offices conducting business advertising services;

d) violation of the provisions of the law of Vietnam about ad operations and the provisions of relevant laws.

2. Representative Office, branch terminated in the following cases: a) as suggested by business individuals, organization of advertising services abroad has representative offices or branches in Vietnam;

b) When a decision on the revocation, annulment of competent State agencies under the provisions of the law of Vietnam.

3. In case of termination of activity as defined in point a of paragraph 2 of this article, the Organization, personal ad service business overseas must submit a written notice of the termination of activity of representative office, branch to the licensing authority within a period of at least thirty days before the date of termination of the operation and to return the licence to the licensing agency.


Article 28. Organizations, business services personal ads of Vietnam are advertising on business activities, goods and services in foreign countries according to the provisions of the laws and regulations of the country Vietnam law on advertising.

 

Chapter IV ADMINISTRATION of AD Article 29. The Ministry of culture and information, the Government is responsible to perform state management functions of advertising within the country, the following powers: 1. construction process planning, Government plans, policies on advertising activities;

2. building the Government-issued or issued under the authority of the legal text of the ad;

3. Granted, modified, supplemented, to revoke the license branch of the Organization, personal ad service business; license to carry advertising on computer information network; extra, extra page out license a professional advertising for print media; channel or program advertising on radio, tv station;

4. Organizing, directing the training, the fostering of professional expertise, management of advertising activities;

5. Inspection, checking the observance of law in advertising activities; complaints, accusations and handle violations of legislation on advertising;

6. Organize and guide the implementation of the provisions of the law on advertising;

7. organizations, management of international cooperation in the field of advertising;

8. Join the opinion of the evaluation for foreign investment projects in the field of advertising.

The Department of culture and information base to help the Ministry of culture and information, made the State management functions of advertising within the country.

Article 30.

1. Ministry of commerce within the scope of the task, their powers are responsible for coordination with the Ministry of culture-information about state management of advertising goods, commercial services; build and process the Government issued the list of goods, commercial services banned advertising.

2. The Ministry of health in the scope of its powers, the mission is responsible, in coordination with the Ministry of culture and state management information about advertising smoking materials, medicines, cosmetics, vaccines, born immune products, tools, medical equipment, medical service and food advertising; announced the list of drugs has dropped from the index allows the use of drugs; smoking has registered but suspended in circulation; build and process the Government issued the list of drugs banned advertising.

3. The Ministry of agriculture and rural development in the scope of its powers, duties in coordination with the Ministry of culture and state management information about bio-products ads served cultivation, livestock, feed, veterinary medicine, plant protection, fertilizer, fertilizer products , seed, livestock breeds.

4. The Ministry of science and technology within the scope of the task, their powers are responsible for coordination with the Ministry of culture-information governance on advertising related to the intellectual property objects.

5. Ministry of planning and investment, within the scope of the task, their powers are responsible for the assessment of foreign investment projects in the field of advertising.

6. The 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.

Article 31. The people's Committee of the central cities, perform the following tasks: 1. Granted, modified, supplemented, to revoke the license to establish a representative office of the Organization, personal ad service business;

2. Direct the Department of culture and information, perform the following tasks: a) the planning of advertising activities;

b) planning areas, streets, places, advertising is permitted;

c) planning of the scale, size, number of ad types for each area guarantee traffic safety, urban landscape, fire safety, fire and building structure.

d) granted a license to carry advertisements prescribed in clause 2 article 16 ad Ordinance;

DD) Organization, guide and implement the provisions of the law on local advertising;

e) fostering training organizations to improve their management and advertising services;

g) presiding, in cooperation with the local authorities to organize the inspections, checks, complaints, accusations and handle breach of jurisdiction;

h) periodic reports with the Ministry of culture-information about the licensing done advertising, planning, inspections, testing, advertising in local activities.

Article 32. State inspectors about culture and information functions of specialized inspection of ads that perform under the provisions of the law on the Ombudsman Ordinance, advertisements and other legal provisions concerned.

Article 33. The Organization, individuals with violations of legislation on advertising, then depending on the nature and extent of the violation that sanctioned the Administration; individual violations of the law the serious prejudice to criminal liability; If damage to the compensation prescribed by the law. The sanctioning administrative violations in the operation of advertising must comply with the provisions of the law on sanctioning administrative violations in the field of culture and information.

Chapter V ENFORCEMENT PROVISIONS Article 34. The business registration certificate of advertising services, advertising license granted before the Decree has effect, if longer time limits that are not contrary to the provisions of the Ordinance and of this Decree, the ads still worth implementing.

Article 35.

1. This Decree shall be enforceable after fifteen days from the date posted on the Gazette.

2. Abolition of Decree No. 194/CP dated 31 December 1994 regulations on advertising activities on the territory of Vietnam; Chapter III (from article 11 to article 25) of Decree No. 32/1999/ND-CP dated 10 May 1999 from the Government about the promotion, advertising and trade fairs, trade exhibitions.

The previous regulations on advertising activities contrary to the provisions of this Decree are repealed.

Article 36. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities; the Organizer, personal ad operations is responsible for the implementation of this Decree.