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194-Cp Decree: About Ad Operations On The Territory Of Vietnam

Original Language Title: Nghị định 194-CP: Về hoạt động quảng cáo trên lãnh thổ Việt Nam

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The DECREE on the operation of advertising on the territory of Vietnam GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;
Pursuant to the law of the press on January 2, 1990;
In order to facilitate the Organization, individuals in the economic development and expansion of production-business-services and socio-cultural activities; protect the interests of consumers; ensure social safety and order, protection of the environment, protection of ethnic cultural identity;
In order to give publicity to the order and lawful;
Considering the recommendation of the Minister of culture and information;
 
DECREE: chapter I the CENTRAL REGULATIONS article 1. -Promotional activities including the introduction and widespread notice about the business, goods, services, trademarks, names, logos on-demand operation of the production facilities-business-service.
The information activities of the organs of the party, the State, the mass society aims to disseminate propaganda policy advocates, policy, law, not in the scope of this Decree.
Article 2. -The State creates conditions favorable to the Organization, active personal ads. Every organization or individual ad operations must strictly comply with current legislation.
Article 3. -State Ad Operations Manager. Prohibits any acts impedes legitimate advertising activities; advantage of advertising in all forms of damage to the interests of the State, society and citizens.
 
CHAPTER II form, MEANS and EXTENT of ADVERTISING article 4. -Form of advertising is shown by voice, text, symbols, photos, paintings, sounds, and other forms are communicated to the public.
Article 5.
1. Advertising content is the information that ad owners want to be able to announce the widely introduced to the public. The advertising content must be accurate, truthfully reflect the right features, effects, quality of goods, services, operational needs of the manufacturing base-business-services and the competent State bodies.
2. Advertising content must be clear, easy to understand to avoid confusion and to fit in with the culture, the style of Vietnam in General and local peculiarities.
3. Voice and text in the ad to be the voice and writing Vietnam, except for the following cases: a) The books, publications are allowed to publish in foreign languages.
b) radio programs, foreign language television.
c) The trademark short and written in a foreign language. International transaction name of the production facilities-business-service has been the competent State agencies allow. The wording has been internationalization or the words that Vietnamese do not replace it.
d) If using both voice and text abroad are: Written Word Vietnam before, above, a larger font size.
Read South Vietnamese before alien, later.
Article 6. -Prohibition of advertising content, form expresses the following: 1. Contrary to the laws of Vietnam, are harmful to the dignity, value, customs, health and elegant lifestyle of people Vietnam, do reveal national secrets, false advertising the quality of registered goods, defamatory of other people and other people's goods.
2. use of the national flag, anthem, coat of arms, a picture, a leader of the party, the ca international backdrop for the presentation of advertising.
3. Forms, shapes, colors similar to traffic signals and public signage or not clear, not clean.
4. The State banned or limited business consumers in each time.
5. Advertisements for the press, the work has not yet been licensed for publication, release or performances.
6. Advertising for medicinal, pharmaceutical products, cosmetics, medical devices and other health activities which have not been competent health authorities for permission.
7. false advertising, bad influence to the benefit of countries, organizations and individuals.
8. Advertising in cover 1, page one of the newspapers, magazines, san, ext..
9. fruit content in advertising, articles, ads interspersed in the programs and other thematic programs on radio, television, except for the relays, the next wave of foreign countries.
10. The outdoor advertising affect road safety, obscuring the traffic signs, limiting the visibility of the driver of the vehicle and on foot, making it difficult for the Fire Department, fire, do affect the aesthetic value of the landscape and architecture environment.
11. The ads, to, latest, hanging, paste, jigs at: Photo places the leader, political slogan.
The area of the headquarters of the State management agency levels.
The area in front of the diplomatic corps of the State.
City square, Park, national parks, historic areas, military areas, cultural works have been rated.
Museums, schools, hospitals, cemeteries, family, Temple, Temple, Church.
The places listed on the State's text.
Advance and obscuring the advertisements have been there before, not expired.
The horizontal roads, affordable, coastal highway.
12. The ad sounds too big from 23 p.m. to 4 a.m.
Article 7. -Advertising media are the tools through which the ads were made, including: 1. The newspapers, magazines, extra number, newsletter, san, books, brochure, brochures and print products, other.
2. Television programs, radio programs, commercials, advertising and music tapes, disc recording, DVR advertising.
3. The logo, sign of organizations, individual business-production-service; Panel, posters, advertising on the fixed and mobile media, on the means of transport or on clothing, hats, bags and other items.
4. The animals, objects, people, places that invite using invite to eat, try the product tasted the food, beverage, distribution, courtesy gift samples; fashion, exhibitions, showcasing products, the patron of the Festival, a sports competition with advertising content.
Article 8. -The duration, area and extent of advertising: 1. the maximum advertising duration was defined as follows: a) A batch for a daily newspaper ads not extend beyond five days. A for an ad on the tv station not extend beyond eight days and not broadcast more than 5 times a day, on the radio not extend beyond five days and not broadcast more than 10 times a day.
b) area in advertising should not exceed 10% of the total area of the printed press; the amount of advertising shall not exceed 5% of the amount of radio programs, television.
If you want to go more open channel or supplement advertising programs must obtain permission of the press agency, if increased ad pages are not allowed to raise prices to sell newspapers, magazines.
c) the time limit for the outdoor ads do not exceed 1 year. When it expires, if you want to continue, the ad server or ad service organizations must request and after the newly allowed to continue advertising.
d) forms of advertising in Terms 3 and 4 Article 7 be conducted at any location, how much time in the day to properly license of information culture industry.
 
CHAPTER III CONDITIONS and procedure of article 9 ADVERTISING ACTIVITIES.
1. promotional Hosts are individuals or organizations that have advertising needs and must have the following conditions: If the business license is the basis of production-sales-service.
Want to advertise goods product must have the quality certificate of the competent authorities of Vietnam.

The trademarks, logos, names of production facility-trading-services want ads must have the certificate signed in Vietnam by the competent authorities of Vietnam.
2. promotional Hosts responsible before the law about honesty, accuracy of advertising content.
Article 10. -Advertising services do People as individuals or organizations make the whole or part of the works by the Ad Server ad request.
1. Who do the advertising service must have the following conditions: a) has a license to operate the business of advertising services of competent bodies;
b) Are licensed by the competent authority;
State enterprises do to advertising services as stipulated in Decree No. 388-dated 20-11-1991 of the Council of Ministers (Government);
The company, a private enterprise do to advertise services in accordance with the Company Law and the law on private business;
Business households under the capital do the right advertising services as stipulated in Decree No. 66-dated 2 March 1992 of the Council of Ministers (Government) and the instructions of the Ministry of culture-information.
2. Who do the advertising service based in the locality would only be active locally. If you want to operate beyond geographical advertising must be permitted by the Ministry of culture-information.
Who do the advertising service must have a professional career, the means and location of the transaction and the place of practice.
3. Who do the advertising services are responsible for requesting promotional hosts present the papers that relate to the accuracy and honesty of advertising content before and is responsible before the law on the expression of that content.
The relationship between the ad and the ad service based on a contract basis.
Article 11. -State enterprises in the central organs, State enterprises in the province, the central cities of doing advertising services must be the Ministry of culture and information licensed.
Companies, private enterprises, households and business under capital do advertising service must be cultural Facility-level licensure information.
Article 12. -Application for permission to advertise include: 1. An application for permission to advertise (in the form of unification because the Ministry of culture-information regulations).
2. Copy the license business-production-certified services.
3. A copy of the certificate of quality standard of the goods, a copy of the certificate of trademark registration, product names, logos ... notarized.
4. If the person doing the ad service for permission to name the ad must be accompanied by a copy of the contract between the ad and the ad service certified.
5. The permission to advertise in the Agency would then apply in that agency.
Article 13. -For advertising panels, posters, signage, fixed or mobile, in addition to the provisions of article 12 should have more in profile: ad placement diagram to properly plan, certified by the Chamber of culture – information, districts, towns and local management;
Sample advertising; (were also informed about)
The contract between the person making service advertisements with people who have the right to own or use location, means that advertising will put there.
Article 14. -The person making service advertising, mass communication agencies operate, service locations rental ads must: 1. Pay taxes according to law;
2. Please pay the advertising license under the provisions of the State.
Taxes and fees are filed with the State budget.
Article 15. -After receipt of documents, at the latest within 20 days, the Agency has the authority to allow advertising, if not licensed must clearly state the reason and respond in writing to the applicants.
After the time limit of 15 days from the date of signing, if the licensee not implement the license no longer value (except special cases must be approved by the licensing authority).
The event of a complaint, the Agency would then permit the agency that handles; If not yet satisfactorily then complainants have the right to appeal to the Superior State bodies are competent.
 
CHAPTER IV FOREIGN GOODS AD PRODUCTION and ADVERTISING are NOT LEGAL OWNERS of VIETNAM article 16. -All activities of ads for goods, foreign service in Vietnam, that ad server is not legal, Vietnam must make advertising contracts with the advertising service of Vietnam.
The procedure to do the ad service for foreign countries are subject to the provisions of chapter III of this Decree.
Article 17. -The goods produced by foreign countries want to be advertising should have the following conditions: 1. Has been licensed to import into Vietnam;
2. Mark, the registered symbol of industrial property in the country or in Vietnam;
3. quality standard certificate of country of origin or of Vietnam;
4. If is medicinal, pharmaceutical, cosmetic, medical equipment must be allowed by the Vietnam Ministry of health.
 
Chapter V the STATE MANAGEMENT of ADVERTISING ACTIVITIES Article 18. -Ministry of culture-information is governed State on advertising activities in the country, have the following powers and duties: 1. To help the Government build and issued the regulation on advertising.
2. To coordinate the relevant detailed instructions implementing advertising activities.
3. The inspection and handling of violations.
4. active license ads service for central agencies, the Organization of advertising services in the country to allow foreign ads are ads in Vietnam (location and specific forms by the provincial people's Committee, the city of the regulations).
Article 19. -The people's Committee of the central cities, licensed for promotional activities in the local bodies and perform the State management of advertising on the local territory.
Article 20. -Director of the publishers, radio stations, tv stations, the editor of the newspaper agency advertising activities must be done in accordance with the terms specified in this Decree.
 
CHAPTER VI INSPECTIONS and HANDLE breach of article 21. -Specialized cultural inspectors the information held and processed in the field of advertising.
Article 22. -Promotional Hosts, the head of the advertising service organization violates the provisions of this Decree, depending on the extent of damage to the interests of consumers, the production-sales-service will be the administrative sanction or prejudice criminal liability and to compensation according to law.
Article 23. -Who is responsible for the governance of the ad violates the provisions of this Decree, according to the level of the position violates will be disciplined, the administrative sanction or prejudice to criminal responsibility.
Article 24. -The outdoor fixed or otherwise stating the license number, and the name server advertising service, will be lifted; home services advertised bear all the cost.
 
CHAPTER VII ENFORCEMENT PROVISIONS article 25. -This Decree shall take effect from the date of signing.
The previous regulations on advertising contrary to this Decree are repealed.
Article 26. -Ministry of culture-information in coordination with the relevant guidelines of this Decree.
Article 27. -Ministers, heads of ministerial agencies, government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.