CIRCULAR guide implementation Decree No. 24/2003/ND-CP of August 13, 2003 detailing the Government's enforcement of the Ordinance on advertising _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Ordinance No. 39/2001 ad/PL-UBTVQH10 on November 16, 2001;
Pursuant to Decree No. 24/2003/ND-CP of August 13, 2003 detailing the Government's enforcement of the Ordinance on advertising;
Pursuant to Decree No. 63/2003/ND-CP dated 11 June 2003 of the Government functions, tasks, powers and organizational structure of the Ministry of culture and information;
Ministry of culture-information guide the implementation of Decree No. 24/2003/ND-CP of August 13, 2003 detailing the Government's enforcement of the Ordinance on advertisement as follows: section 1: GENERAL PROVISIONS 1. Organization, active personal ads must comply with the provisions of the Ordinance on advertising; Decree No. 24/2003/ND-CP of August 13, 2003 detailing the Government's enforcement of the Ordinance (hereinafter referred to as the Decree No. 24/2003/ND-CP); the specific provisions of this circular and the other provisions of the relevant laws.
2. Some words in the Decree No. 24/2003/ND-CP be understood as follows: a) the work of the State authorities is the headquarters of the State-level agency; political organization, social-political; police barracks, army;
b) ads have large area in the municipality is advertising is expressed in the form of tables, the sea, and the same form with different materials have an area of one side from 40 m2 (square metres);
c) activity that determines the time is activity that clearly define the start time and the end time as fair, exhibition, Festival, competition and other activities;
d) The same form the table, sea, pa, banners are the canvas cover, cuckoo, objects, cubes and other forms of product advertising;
DD) public places are the places where people or join activities such as markets, restaurants, Pier, bus station, railway station, tourism area, square, where the cultural and sports activities, recreation, points of intersection of the axis of the road;
e) political works includes documents, resolutions, directives of the party; classic books on Marxism-Leninism and Ho Chi Minh ideology; the book of political theory research; history books and studies about the history; the book written about the senior leaders of the party, the State; the book of memoirs of the revolution; books about the legal text; the book of law propaganda; Book of traditional education; professional guide of the political organization, social-political organizations;
g cause audio noise) is used to pass the noise level allows Vietnam standards made under the provisions of a standard Vietnam are attached to decision No 2177/1998/QD-BVHTT on 5 December 1998 of the Ministry of science, technology and environment (now Ministry of science and technology ISO code: 7352:, 1998);
Extra extra, page h) (Supplement) specializes in advertising is the advertising page number added in addition to the main report and page numbers to be released along with the main article.
3. organizations and individuals when taking pictures, the name of the Organization, the other individual to advertise must be agreed in writing by the individual organizations.
4. With respect to the goods to which the law does not prescribe the producers must have the certificate of business registration such as agricultural products, food, aquaculture farmer's and some other goods when goods that do not need to have a business registration certificate but the ad server and ad issuers must ensure integrity exactly, the quality of the goods advertised.
5. for goods and services that the law prohibits advertising in any form then the logos (logos), trademarks (English: traname, trademark) of goods and services, it also prohibited any form of expression of the media advertising.
Section 2: AD OPERATIONS 1. The contents, forms of advertising a) information content of ads shown in product advertising to the right with the quality brand, has announced or registered with the State administration authorities;
b) Organization, personal advertising logos, trademarks for many types of goods and services in which goods, services, the advertising bans when advertising logos, trademarks must indicate the type of goods and services advertised are not banned.
2. advertisements in newspapers: a) area are allowed to advertise no more than 10% for print is calculated on the total area of the page of some newspaper, magazine, Ministry of culture-information that allows publishing;
b) press agency needs 10% advertising area for printing press, more than 5% of the amount of time for radio, tv station must apply for permission to the Ministry of culture and information, extra extra, or page output channels that specialize in advertising;
c) page number of the Sub-page, not advertising a side exceeds the main newspaper page and are numbered separately. The case of inserts, specialized spin-off advertising was the Ministry of culture and information, licensing is not contrary to the provisions in clause 1 article 6 of Decree No. 24/2003/ND-CP shall be continued.
d) programs specialize in advertising on radio, tv station were the Ministry of culture and information, allows to notify clearly the specific duration of the ad program for viewers, listeners know right from the start program.
3. alcohol advertising: a) The wine has an alcohol content of from 15 degrees downwards to just be advertising on print, e-newspapers, radio, television, computer information networks such as the other goods advertised on the media;
b) alcohol wines over 15 degrees only advertised within the corporate boundaries of wine production, inside the shop, agents to consume alcohol but must make sure people outside the enterprise boundaries, the shop, agents can't read, can't hear, not see;
c) drug wines are made in accordance with "regulations of information about medicines for the people" of the Ministry of health;
d) in addition to the provisions in points a, b, c of this paragraph, prohibits alcohol ads in any other form.
4. Prohibition of tobacco advertising in any form prescribed in resolution No. 12/2000/NQ-CP dated 14 August 2000 by the Government on national policies on the prevention of the harmful effects of tobacco during the period 2000-2010.
5. Promotion of breast milk substitutes made under Decree No. 74/2000/ND-CP dated 6 December 2000 from the Government about business and the use of breast milk substitutes to protect and encourage breastfeeding mom and circular No. 04/2001/TTLT/YT-TM-NO-UBBVCSTEVN on March 14, 2001 of the Ministry of health, Ministry of Commerce, Ministry of culture and Information News-Committee on the protection and care of children to Vietnam (now the Committee on population, family and children) guiding the implementation of Decree No. 74/2000/ND-CP dated December 6, 2000.
6. Don't advertise the types of goods for which the content, form of advertising cause unsightly, unsuitable with the psychology, customs of the nation (such as toilet paper, tampons, condoms, cure skin diseases and similar goods) on the radio , Television stations from 15 hours to 20 hours daily; in the performing arts program, not entertainment Sling, put, paste, building the ad product for this type of goods on stage; the outdoor ads are as defined by the local location, time, size of product advertising goods.
7. The types of books published in the type of ads, the ad page number not exceeding 5% of the pages of that book. Book publishing internal circulation due to the competent agency to license not be advertising.

8. 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, building in the outdoors are specified as follows: a) advertising on the table, sea, pa, screen, hanging banners, latest, paste, erected outdoors to follow the planning of local advertising and the provisions of the law on construction;
b) ads on the screen hanging advertising professional, most recent, built in audio is not used outdoors;
c) advertising on business activities, goods, and services, there are no lucrative purpose affordable across the roads, not used color flag as background for advertising;
d) ads about activities that determine the time duration that activity due to the competent State agencies determine to determine the time allowed to advertise;
DD) advertising on the table, sea, pa, banners, materials, objects to the air, the water, the other mobile objects and similar forms are expressed in any material such as wood, plastic, nothing, glass, fabric or other material when hanging, latest, paste, or mounted on vehicles must comply with advertising planning and execution license must be advertise;
e) advertising products are displayed on vehicles, other mobile objects such as crane vehicles, wheelchairs and vehicles to serve the construction, electrical repair, environmental hygiene by the Department of culture and information, where registration of licensing media ads and not alter the 50% of car paint color can show advertising products. Car paint color is the color was recorded in the register by means of competent bodies; not advertised in the front and back of the vehicle. Crates have a surface area from 0, 5 m (square metre) over existing ad products can be mounted on the motor must have a permit made by the Department of culture of the advertising-information on where to register the media level.
9) during the Festival, Conference, workshops, performing arts, cultural, sports or entertainment program on television if the font has, on the most recent, paste, building advertising products of the sponsor shall not permit ads but on the right has the name fonts logos (logos) of the program and comply with the provisions of article 13 of Decree 24/2003/ND-CP;
In the case of activities only a donor shall not be suspended, placed, paste, erected more than two ad products. The case has multiple donors, each donor was only suspended, placed, paste, a product ad.
10. Ad about artistic performances are true to the content of the license; xen ad in art performances or through artistic performances must be through the competent agency browse the cast program that allows.
11. Advertising on computer information network: a) organs, organizations, enterprises after having the license of Internet information service providers (ICP) củaBộ culture-information and the business registration certificate of advertising services in accordance with the law shall be allowed to service business advertising on the Internet;
b) organs, organizations, enterprises are allowed to set up website (website) on the Internet are only about production, business, goods, services. Not recommended for other businesses and the goods and services that do not produce business.
12. organizations, personal ads about business activities, goods and services on the ad media must present the documents specified in article 17 of Decree 24/2003/ND-CP for the business person or service who released the ad.
Promotional advertising case must present a written confirmation about the content promotion legal value of State administration on trade.
13. advertising activities have foreign elements.
a) Organization, business services personal ads of Vietnam investment cooperation with foreign organizations and individuals in the form of business cooperation contracts or joint ventures to have documents licensed under the investment provisions of the law on foreign investment in Vietnam;
b) to form the venture capital and entrepreneurial capabilities must match the scope and areas of business advertising services in Vietnam.
Item 3: ELIGIBILITY procedures, LICENSING JURISDICTION 1. The ask permission out inserts for the print version, extra; channel, the program specializes in advertising for radio, tv stations made under the provisions of the law on press activities.
2. Advertising on computer information network: a) advertising products made on computer information networks (including advertising services business networks and electronic news website) regardless of the network owners are legal entities or foreign entity Vietnam must send directly or via mail to the Department of culture and information base before advertising as defined in Article 19 paragraph 1 of Decree 24/2003/ND-CP;
b) Cultural Bureau case-information base required to modify advertising product before putting the computer information network should then implement responsible advertising amendments at the request of the Department of culture and information base.
The case of people who make the ads do not agree with the request to amend the Advertising Bureau of culture and information base has the right not to allow advertising on the computer-information network. In which the people who make the ads have the right to complain under the provisions of the law;
c) approvals made advertising on computer information network include:-register made advertising on computer information network, the number of ad products, ad duration on computer information networks (Appendix 1).
-Copy legal license value offers information on computer information networks (ICP) license or established website (Website).
-Copy legal value the business registration certificate of advertising services (for agencies, organizations, business registration business advertising service on computer information network).
-Disk or products containing advertising products (two copies).
3. organizations and individuals implement advertising on the table, sea, pa, banners, emitting objects, objects in the air, under water, other mobile objects and forms similar ads must send the application to the Department of culture and information, where does the ads. The records include: a) a petition executed advertising (Appendix 2);
b) copies are legally valid business registration certificate of advertising services (for business-to-business advertising service) or a copy of the legal value of business registration certificate for the profession, the goods (for business, individuals advertising themselves);
c) copies are legal goods quality certificate or other similar documents about the quality of goods for advertising goods which the law must register the quality;
d) (makét) advertisements of products;
DD) valuation of text the competent authority about building for the table, sea, canoe, hanging screen, latest, paste, building in the outdoors that building regulations legislation must be assessed on the building structure.
e) for advertising in the medical field or agriculture must have written receipt record registration of valuable advertising content of the State Agency for health promotion in the health sector or the State Agency of agriculture for ads in the agricultural sector specified in clause 4 and 6 article 17 Decree No. 24/2003/ND-CP.

g) for promotional ad text must have legal value verification of content promotion of State administration on trade.
Case of renewals made ad (if not changed in content, form, location, size) must submit an application for renewal made under licence with advertising ads were issued.
4. Upon expiry of the license included in the ads, the ads must remove the glow product advertising. For ads that have run out of time made the ad that celebrated personal want ads, trading name, address, his phone on the media which must send notice in writing accompanied by the form (makét) to the Department of culture and information, where does the ads.
Before the expiry of the ads at least 10 business days, if you want to continue advertising person for permission to make the ad must submit an application for renewal made to the Department of culture and information, which was licensed. The case of the Department of culture and information, no license renewal must reply in writing.
5. organizations and individuals obtaining ads; the Organization, personal service business permit foreign advertising to establish a representative office, branch in Vietnam must pay the fee in accordance with the law on fees and text mode implementation guides, lodging and usage fees. In addition to this fee is not submitting an account.
6. within 10 working days from when the license is done ad (annex 3), the Department of culture and information, must send a copy of the license to the room of culture – information, districts, towns and cities in the central cities, where does the ads.
7. the time limit of 30 working days from the date licensee made the ad that the permit is not made, then the license is no longer valid.
8. Licensing Agency must implement the following provisions: a) listed the advertising plan, the rules of procedural fees;
b) granting relay permission for the profile (Appendix 4);
c) record of the license must be kept and on the books form (Appendix 5).
Section 4: GOVERNANCE 1. Ministry of culture-information is the Government agency that manages the State of advertising activity in the country; responsible to the Minister of culture and information, made the State management of advertising has the following units: a) Cultural Bureau-information base:-Help the Minister of culture and information, made the State management functions of advertising within the country. Coordinated the relevant Service Bureau, State administration of advertising activities.
-Reception, chaired the evaluation license application established the branch of individual business organizations advertising service the Vietnam Foreign Ministry of culture and information, modify, Supplement, revoked the license (Appendix 6, 7).
-Evaluation of the advertising products before advertising on computer information network.
-The opinion of participating in the review and processing of reward in advertising activities.
b) Press Department, film Bureau, the Bureau of publishing, performing arts Bureau, Bureau of copyright literature-art and the Bureau, the relevant Services within the scope of the task, their powers are responsible for coordinating with the Department of culture-basic information about state management in the field of advertising yourself in charge;
c) Inspector of culture – information is responsible for the inspection, handling the offense and coordinated with relevant departments to solve complaints, accusations of advertising activity under the jurisdiction provisions in the text of current legislation.
2. The Department of culture and information have a responsibility to lead and coordinate with the construction industry to advertise the provincial people's Committee, the central cities of approval; receiving records, chaired the evaluation and the provincial people's Committee, the city directly licensing established a representative office of the Organization business personal ad service abroad in local (annex 6, 7); perform the tasks specified in paragraph 2 to article 31 of Decree No. 24/2003/ND-CP of the Government; periodic reports 6 months to the Ministry of culture and information (Department of culture and information base) the following: a) the text of governance of local advertising;
b) planning of local advertising;
c) number of business registration business advertising service based on the area, the number of business advertising services in the country have branches, local representative office;
d) the number and activities of branches, representative offices of organizations, individual business activity in local foreign advertising;
DD) number of licenses executed advertising was granted (in particular with regard to the means);
e) the breach of advertising activities and results processed on offense.
Section 5 ENFORCEMENT PROVISIONS 1. This circular effect after 15 days from the date The report 2. Since the day this circular effect, abolish the text below: a) Circular No. 37/CULTURE-TT on July 1, 1995 by the Ministry of culture-information guide the implementation of Decree No. 194/CP dated 31 December 1994 the Government's advertising activities on the territory of Vietnam , Circular No. 7/1998/TT-BVHTT on 05 December 1998 amending article 5 pulse circular 37/CULTURE-TT on July 1, 1995;
b) other regulations by the Ministry of culture and information previously issued contrary to the provisions of this circular.
3. Attached to this circular are the forms from Appendix 1 to annex 7 to perform unity in the country include: registration made advertising on computer information network; application to make advertising and promotional license; receiving paper application for permission to carry advertising; sample tracks licensed done advertising; application and license branch, Representative Office of the Organization, personal ad service business overseas.