Circular 37/culture-Tt: Guide The Implementation Of The Decree 196/cp On 31/12/1994 Of Government Advertising Activities On The Territory Of Vietnam

Original Language Title: Thông tư 37/VHTT-TT: Hướng dẫn thực hiện Nghị định 194/CP ngày 31/12/1994 của Chính phủ về hoạt động quảng cáo trên lãnh thổ Việt Nam

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CIRCULAR of the MINISTRY of CULTURE-information guide the implementation of the Decree 196/CP on 31-12-1994 Government of about ad operations on native healing Vietnam Base article 18 Decree 193/CP;
After exchanging ideas with the ministries concerned: Ministry of health, Ministry of transport, Ministry of Commerce, Ministry of science, technology and environment, the Ministry of construction, Ministry of finance, the State Committee on investment, Of the people's police;
Ministry of culture-information on specific instructions a score to make the Decree 196/CP as follows: i. GENERAL ISSUES: article 1: some concepts in the decree is understood as follows: – the headquarters of the State Management Agency granted (paragraph 11, article 6 ND) include: the legislature , the Executive, judiciary and mass politics.
-Advance and obscuring the ads have had before: (clause 3, article 6 ND) means standing in the heart of roads the main view an ad, this ad has not been a new obscure ad 10% area.
-With the advertising content (article 7 paragraph 4 ND) pa, posters, signs, pictures, banners, flags, propaganda tapes, about the exhibition, the Festival of the arts, fashion, sports, competition, or other forms can now add the logos, photos, the name of the server (or the name of the sponsor).
-A (paragraph 1a, article 8 ND) is the maximum duration for a continuous advertising on newspapers, radio, television. The distance between two waves in an ad for at least 5 days.
The amount of time the ads in the music tapes, videotapes, film as well should not exceed 5% of the length of the ice program, film.
-Sign (paragraph 3, article 7 ND) aimed at introducing the name, logos, trademarks, products, production of goods, business services. The only signs are hung in the main base which, in the range from the roofs come in. Not be placed on the sidewalks or hanging on a tree, a pole.
Article 2: some concepts in the decree to be modified to suit the expertise or the new rules of the branches specified in the Decree, namely: goods quality certificate or certificate consistent with the provisions of the State instead of the certificate of quality standard of the goods specified in clause 2 , article 9 and article 17 of the Decree.
-Eligible certificate of practice instead of ads for licensure prescribed in article 11 of the Decree.
-Customers are also understood to be Home Base for the ad service ads.
II. IN TERMS OF CONTENT, FORM AND SCOPE OF THE AD.
Article 3: the advertising content (including the information on features, effects, quality of goods, services and the images, language expression) to be the competent bodies recognized, namely: 1. for goods produced in the country: a. goods products in the category required registration of quality (due to the Ministry of science, technology and the environment published) is the governing body for standards and quality levels in goods quality certificate.
b. The product, goods belonging to the category of mandatory certified Vietnam standards (ISO) must be the Directorate for standards and quality of the appropriate ISO certification.
2. for foreign goods imported into Vietnam in the list required to be quality control inspection authorities (due to the General Directorate for standards and quality specified) the Organization checks the certificate level and consistent with the provisions of the State.
3. the advertising of pharmaceuticals (drugs and raw materials), cosmetics are the Ministry of health to browse the content, images and allow under what conditions and procedures prescribed in the regulation of drug information and healing for the person by the Department of Health issued together with decision No. 646/BYT-QĐ 16-8-1993.
4. Promotion of biological products serving the cultivation, livestock, feed, veterinary medicine, plant protection, seed, just like you have to follow the regulations of the Ministry of agriculture and food industry.
5. The trademarks, service marks, industrial designs, utility solutions, patents have to be industrial property Bureau under the Ministry of science, technology and the environment issued a corresponding paper type in the following: a. the degree of protection (registration certificate of the trademark, industrial design certificate; By exclusively useful solutions; By patent);
b. registration certificate to purchase the right to use the same for the corresponding industrial property (referred to as a contract licensed);
c. confirm the object of industrial property concerned are being protected in Vietnam accompanied by international treaties to which Vietnam participates.
6. Advertising activities of enterprises, companies, foundations, vocational service activities, employment or similar forms to have business registration or decided by the specialized agency level.
Article 4: The business, the company is allowed to many professions, business products, items under a trademark (company name) in common, when the ad must clearly state the content industry, product items need advertising.
For example the Dunhill jewellery, soft Lotaba, Marlboro raiment. Not only Dunhill name, General Lotaba, Marlboro.
Article 5:

The prohibition of advertising the State prohibited items business or consumer restrictions prescribed in clause 4 Article 6 ND. Follow the decision of the State administration competent in each time.
Currently, all advertising in all forms of the following items:-the type of cigarette.
-Wine types.
-The drugs sold by single (toa) of physician: these drugs have not been granted registration, expired registration or has been removed from the catalog for use (according to the article 14 regulation of drug information and healing for people).
-The types of medicines for people and animals. Plant protection drugs and other types of equipment, medical instruments have not been used in Vietnam (under Decree 31/CP on 5-1-1995 rules on goods and services prohibited commercial business).
Article 6: voice of the written word in advertising (article 5 paragraph 3 ND) also apply to all signs, signage.
III. PROCEDURAL CONDITIONS OPERATED AD article 7: the Ad Server is the need of introduction of the goods, their base products through advertising. Ad Server may directly implement the advertising of goods, products and manufacturing facility on its vehicles but must implement the provisions of article 9, paragraph 1 article 12 ND, and filed taxes according to regulations.
Article 8:1. The State enterprises, companies, private enterprises, households and business want to make advertising services or adding more advertising functions are to be the Ministry of culture and information, or the Department of culture and information, the certification of qualified practitioners of advertising before the competent authority granting business licenses.
2. The companies, Vietnam's advertising business are allowed to cooperate with organizations, foreign individuals doing advertising services in the form of business cooperation contract according to the law on foreign investment in Vietnam with a maximum duration of 5 years.
Article 9: conditions for the certification of qualified practitioners of advertising: 1. for State enterprises, private enterprises and joint stock companies, limited liability companies:-must have capital under current law.
-Must have a professional level from intermediate upwards in terms of art, design, economics, legal, commercial, technical.
-Are headquartered, the House (or workshops), infrastructure, means of practice corresponds to the scope of activity and have the ability to make the whole process of advertising services.
2. for business households under legal capital:-practice degree in fine arts, engineering and must have the location, the media practice.
-Only made small services such as décor; drawing guys sign, Billboard, produced the small ads, widgets (bags, sheets, posters, caps, shirts, flags have mounted advertising content) when the ad server has enough papers according to the regulations.
3. press agencies doing advertising services are done according to the law on the press.
4. The publishers and organizations are allowed to publish activities to do advertising services made under the law on publishing.
Article 10: for the certification of qualified practitioners of advertising.
Certification applicants must submit the records to the Ministry of culture-information or cultural Facility-the information specified in article 12 of this circular: profile: 1. Application for a permit under the advertising model (Appendix 1).
2. The level of capital due to the competent agency confirmed.
3. Location based transaction certified by the competent authority.
4. certified copies of diplomas, certificates of the main practitioners.
5. the equipment, facilities, vehicles, engineering practice.
6. for those businesses who have a business license to have more copies of the decision to establish and register of business enterprises.
Article 11: procedures for permission to make ads: 1. All ads with the content specified in the paragraph 1, 2, 3, 4, 3 circular expressed in any form, medium, except for advertisements on newspapers and the clause 5, 6 article 3 of circular if possible in the form of panels , posters, ice, the sea must apply for permission to each advertising as defined in article 12, 13 of the Decree. Application form (Appendix 2).
2. Review the contents, form the ads in newspapers, published by the editor of the press agencies, publishing Director responsible for content regulation in 194 and Decree of this circular.
The case agency advertising demand press pass area, beyond the amount of time prescribed, they must ask permission to add sub-pages, a private advertising channels,.
3. With regard to the ads by panels, posters, signage also are added to the application allows:-the license of State administration authority on communication protection if the ad is in the scope of protection of transportation as specified in clause 7 to article 21. Ordinance on protection of traffic engineering.
-If the ad size affect urban and architectural landscape of streets (as specified by each local) must have the building permit of Chief Architect or building Department (for the municipality does not have a Chief Architect) under the provisions of article 31 of the Charter management urban planning attached to the Decree 92/CP dated 17 August 1994 from the Government.
Article 12:

The certification authority is eligible to practice and perform license ad advertising.
1. The Ministry of culture and information: a. eligible certificate of practice ad:-State enterprises under the Ministry, the Central Sector.
-Local businesses please expand out many other local.
b. license to make ads:-The sea of advertising products, goods, foreign brands entered Vietnam or produced in an area of Vietnam from 100m2/1 (table, sea, has two sides or over the same content as a side).
-Advertise on film, cinema, video.
-Advertise on publications.
-Licensing for the press agency please add extra pages, side a, ad channels.
2. The Department of culture and information, responsible to the provincial people's Committee, the city of centrally issued: a. eligible certificate of practice ad:-State enterprises in the central cities, according to the Ministry of culture's credential information.
-Private enterprises, joint stock companies, limited liability companies, households and business under capital in his local.
b. license to make advertising: branded goods products and types of advertising not under the control of the Ministry of culture-information.
Article 13:1. Within 30 days of receipt of a valid application for applying for the certification of qualified practitioners of advertising, the Agency has the authority to grant the license. If refuse to have text stating the reason.
2. organizations and individuals apply for certification of qualified practitioners of advertising and promotional license fees assessed under the guidance of the Ministry of culture and information and the Ministry of finance.
3. qualified certificate of practice ad (unified form Appendix 3) worth 3 years (36 months); license advertising worth a maximum of 1 year (12 months) from the date of grant. Upon expiry of the regulation of practice or make advertisers continue to work right up to the Agency to license renewals.
4. After receiving the certification of qualified practitioners of advertising permit applicants, send to the competent State agencies to apply for granting the establishment or business license under the provisions of the law on private business, business law, corporate law. 66 decree dated 2 March 1992 regarding personal and business group which is lower than the capital.
5. Only after obtaining a business license, the license to carry advertising (Appendix 4) practice the new ads are made.
6. Prohibits any acts of sale, Exchange, fake license.
Article 14: Licensing Agency must implement the following provisions: 1. the listed advertising planning and regulations on procedure and fees.
2. Delivery of recorded votes when the applicants had valid documents.
3. Records of licensing must be stored and on the books form (Appendix 5).
Article 15: the Organization, personal ad service, rental location means placing ads must pay tax according to the existing Ordinance.
In addition to the taxes and the fees specified in this circular, people do not have to submit any additional sums or other artifacts.
IV. DECENTRALIZED GOVERNANCE ABOUT the AD article 16: Ministry of culture-information is governed State on advertising activities in the country. Responsible to the Minister of culture and information, made the management has the following units: 1. The Department of culture and information base:-State management of advertising activities in the country.
-Evaluation profile certification eligible to practice and expand the scope of operations for the base specified in point a, paragraph 1, article 12 of this circular.
-Licensed implementation of advertising specified in point b, paragraph 1, article 12; except ad on publications and the Licensing Agency for the press out more sub-pages, subsection a, ad channels.
2. Press Service: active management execution of advertising in the field of journalism.
3. The Bureau publication: implementing active management of advertising in the field of publishing.
4. The Bureau of cinema: make ad management in the field of cinema, video.
5. The Bureau of the performing arts: make ad management in the field of performing arts.
Article 17: the Department of culture and information, responsible to the provincial people's Committee, the central cities to perform the following tasks: 1. Manage the activities in local advertising.
2. Coordinated with the planning sector of the local advertising activities, including:-planning organizations active personal ads.
-Planning areas, streets, places are allowed to advertise.
-Planning of the scale, size, number of ad types for each area guarantee the safety of the face: the room fire, construction, landscape, urban traffic safety.
3. Coordinated with the functional sectors in organizing the local inspector, checked and processed according to the rules violations.
Article 18: the room of culture – information the County, district, town, city in the province PEOPLE'S COMMITTEE responsible to the same level performs the following tasks:-confirm the application permit advertising for the business households under legal capital to the Department of culture and information, the certification of qualified practitioners of advertising.

-Confirm the location please make outdoor advertising by local planning to competent authorities.
Confirmation period must not exceed 10 days.
-Coordinated with other functional sectors to check the Panel advertising, posters, Board, local sea; discovered the violation suggest with the competent authority process.
V. the OMBUDSMAN HANDLED VIOLATED article 19:1. Specialized Inspection Department of the Ministry of culture and information, is responsible for the advertising activities of inspectors nationwide.
2. specialized inspections of culture – information in the province, a city centrally responsible for inspection activities in local advertising.
3. the Ombudsman include: content-inspection the certificate of eligibility to practice in licensing and advertising made the Ad Agency's governance.
-Inspection of the implementation of licensure, licenses executed advertising of the advertising service facility.
-Inspection of the enforcement of the Decree on the operation of ads.
Article 20: the Organization, active personal ads with custom administrative violations will level sanctioned under the provisions of the law on the handling of administrative violations, in particular as follows:-operations; the ad violation removed.
-Fine; confiscated exhibits and facilities.
-Revocation of licensure.
Costs for the continued dismantling of advertising violated by organizations, individuals who have suffered violations.
Article 21:1. The authority sanctioning administrative violations of advertising activities and fines made under the provisions of article 19 chapter III Ordinance sanctioning administrative violations, on 30-11-1989.
2. personal organization sanctioned the executive decision to sanction and has the right to submit a complaint to the competent State agencies:-the complaint the Ombudsman's sanctions decision of specialized cultural-information the central cities, submitted to the Chief Inspector of the specialized Ministry of culture-information.
-The complaint the decision of the Chief Inspector of the Ministry of culture-specialized information submitted to the Minister of culture and information.
3. The organization, individuals decide to sanction erroneous material damage for the advertisement, must compensate.
VI. terms Do 22: this circular is valid from the date issued. In the implementation process if there is problem need supplements, modifications, requires the authorities, organizations, personal advertising activities timely reflection on Ministry of culture-information.
Article 23:1. The Organization, individuals were allowed to advertising activities before 30 June 1995 to do the registration procedures with the competent authority to grant the license provided for in article 12, registration documents as defined in article 10 of this circular.
2. After the evaluation of registration records, the basis of eligibility will be issued new certificates. The evaluation and certification review completed before 31 August 1995. Since day 1-9-1995 certificate of practice issued before July 30-6-1995 no longer in force.
Article 24: this circular is enclosed annex includes the form from number 1 to number 5.
 
APPENDIX 1 APPLICATION FORM for ADVERTISING PRACTICE of the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness-----------------------------------------------APPLICATION for PERMIT ADVERTISING dear:............................................................................................................
My name is:....................... Sinh ngày: .................................................................
ID number: people............... Do sở Công an .................................
cấp ngày: ........................................................................................................
Địa chỉ thường trú tại:.....................................................................................
Đại diện cho cơ quan (hay đơn vị kinh doanh): ...............................................
........................................................................................................................
After studying the Decree 196/CP on 31-12-1994 Government "about ad operations on the territory of Vietnam", circular No. 37NHTT-TT on 01-07-1995 of the Ministry of culture and information, "guiding the implementation of the Decree 196/CP" and the text of the provisions related to advertising activities of the ministries , local; I made this simple permission advertising practice according to the following: 1. name of business establishments, signs: foreign transaction: Name............................................................
Tên viết tắt: ...............................................................................
2. Trụ sở chính và địa điểm sản xuất kinh doanh tại: .................
...................................................................................................
Điện thoại: ................................................................................
Telex: .............................. Fax:.................................................
3. Có chi nhánh tại: ..................................................................
Điện thoại: ...............................................................................
Telex: ......................................................................................
Fax: .........................................................................................
Initial investment: of which:-Fixed Capital:........................................................-working capital:............................................................
5. The number of people practising in the unit: which clearly your name, year of birth, level of culture, technical services of key people:-Director (or business owners, company):..........................-Deputy Director:.......................................................................

- Kế toán trưởng: ....................................................................
- Nhân viên: ...........................................................................
1/ ...........................................................................................
2/ ..........................................................................................
3/ .........................................................................................
6. Năng lực, lĩnh vực hoạt động quảng cáo:
.............................................................................................
............................................................................................
7. Địa bàn đăng ký hoạt động:
............................................................................................
............................................................................................
I'm committed, if licensed to practice, I'll do the full procedures for business registration in accordance with the provisions of the law.
I'm sure the statement above is true. If there is nothing deceitful I would be responsible before the law.
... The day ... .., .... the year 199 ...
Single glass endorsed and recommended by the governing body (or PPC) (heads of the governing body) signed and stamped profiles attached: APPENDIX 2 APPLICATION FORM for PERMISSION to PERFORM ADVERTISING SERVICES Agency of the Socialist Republic Of Vietnam:....... Independence-freedom-happiness--------------------------------------APPLICATION for ADVERTISING DONE dear :..............................
1. Tên đơn vị (hay cá nhân):.........................................
.....................................................................
Địa chỉ:.............................................................
Phone numbers:......................... Fax:.........................
Licensed by the Ministry of CULTURE (Department of CULTURE) on.............
Business license because................-./.../199 ...
2. Please make the following advertising services:-------------------------------------------------------------------------------------------TT ³ ³ ³ image content Product Name location ³ ³ ³ time dimension goods ³ ³ number expression knowledge ³ ³-----------------------------------------------------------------------------------------I assure proper enforcement decree 193/CP on 31-12-1994 Government's advertising activities on the territory of Vietnam and is responsible before the law for the content , the form as well as the related problems as far as permission is granted.
3. submit a profile (if the copy is to be notarized):-copy license (filed 1 in licensing agency);
-Business license copy (file a licensing agency at first);
-A copy of the registration certificate of the quality certificate or goods consistent with the provisions of the State.
-Form (makét) or the image.
-A copy of the contract of the ad and the person doing the ad.
-A copy of the contract between the person making service with people who have the right to own or use location, means that advertising will set in.
-Ad position diagram of the room of culture – information, districts.
-The Agency's license traffic public works building (If the work that is relevant).
............. 199 year Organization (individual) Please allow (name, stamp) ANNEX 3 SAMPLE CERTIFICATE of ELIGIBILITY PRACTICE supply agency ADVERTISING the Socialist Republic Of Vietnam:....... Independence-freedom-happiness--------------------------------------.. ... On ..., ... in 199 ...
QUALIFIED CERTIFICATE of PRACTICE ad (heads)-according to Decree 196/CP on 31-12-1994 Government's advertising activities on the territory of Vietnam;
-According to circular No. 37/NHTT-TT on 1-7-1995 of the Ministry of culture-information guide the implementation of the Decree 196/CP;
-After application and assessment records of units (individual) (1)...................................................................... in accordance with the conditions specified: CERTIFICATION unit (individual):............................................................................................................................................................: business location................................................................................................................................................... Eligible and permitted advertising practice: – operating range (2):.............................................................................................................................................-active form (3):...............................................
.........................................................................................
(This Certificate does not replace a business license and worth 3 years from the date of signing).
(Heads)
(Stamp)------------------------(1) for the business organization stating the full name of the company, the business.
For personal business clearly, last name, gender, age, possible in. (2) stating the geographical scope is allowed to operate in local or more local.
(3) specify the form (ice, sea, Panel, video etc.) according to the capabilities of the facility.
APPENDIX 4 TEMPLATE IMPLEMENTED LICENSE ad------------------level authorities of the Socialist Republic Of Vietnam: independent liberal-../GP-VHTT.-happiness------------------------------------.. ... The day ...., .... in 199 ...
 
AD IMPLEMENTATION LICENSE (the license agency heads)-according to Decree 196/CP on 31-12-1994 Government's advertising activities on the territory of Vietnam;
-Circular base 37NHTT-TT on 1 July 1995 of the Ministry of culture-information guide the implementation of Decree No. 194/CP;
- Xét đơn và hồ sơ do: ........................................................................

Địa chỉ: ..............................................................................................
License number:.........................-...................
Business license number:.........................-..................
Nộp ngày: ........................................................................................
 
QUYẾT ĐỊNH
Điều 1: Cho phép: ..........................................................................
........................................................................................................
Thực hiện quảng cáo tại: ...............................................................
.......................................................................................................
.......................................................................................................
Có nội dung: .................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
- Hình thức thể hiện:
......................................................................................................
.....................................................................................................
.....................................................................................................
- Kích thước, số lượng:
.....................................................................................................
.....................................................................................................
Duration:..................................................................................................... Article 2: after receiving the license, the person who made the ad must: 1. full observance of the provisions of Decree 196/CP and the regulations on advertising activities of the competent bodies.
2. Make right the things stated in the license and is responsible before the law in terms of content, form and issue notes in article 1.
3. Non-transferable license under any form, for any reason.
Article 3: this license was established 4 a (2 a grade for the unit, 2 a saved in licensing agency). After 15 days from the date of signing if the licensee does not perform, then the license is no longer valid.
Heads (name, stamp) Annex 5 SAMPLE LICENSE TRACKING ADS-----------------Cover 1: (the name of the licensing authority) LICENSING AS DONE In AD 199 ...
-----------------
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