Circular 2007/ttlt: Guide To Licensing Procedures Make Ads A Gate

Original Language Title: Thông tư liên tịch 06/2007/TTLT: Hướng dẫn thủ tục cấp giấy phép thực hiện quảng cáo một cửa liên thông

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CIRCULAR guide licensing procedures make ads a gate and Ordinance base advertising 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;
The Ministry of culture and information, Ministry of health, Ministry of agriculture and rural development, the Ministry of construction licensing procedure Guide made ad a door as follows: section I GENERAL PROVISIONS 1. Scope and object 1.1 application. This circular instruction on records, procedures, licensing procedures make ads on the table, sea, pa, banners, emitting objects, objects in the air, under water, means of transportation, other mobile objects under the authority of the Department of culture and information;
1.2. This circular apply to organizations and individuals, Vietnam; organizations, foreign individuals (hereinafter referred to as the organization or individual) license, please make advertising on the territory of Vietnam.
2. The requirements for the licensing of advertising 2.1 implementation. The administrative procedure simple, clear;
2.2. the public listing of the rules of procedure, record, process, time, fees, licensing fees made in advertising where reception of the Department of culture and information;
2.3. Receipt and return the results in the Department of culture and information;
2.4. Ensuring work fast, convenient, on time.
3. Explanation of terms some of the wording in this circular is understood as follows: 3.1. Goods, common service prescribed in 3.1, point 3.2 paragraph 3 section II of this circular is to goods, not services in the fields of health, agriculture and rural development.
3.2. A copy of the documents specified in point 1.2; detail b, c, d, e 1.5 points; properties a, b, c, d paragraph 1 1.6 Entry point II of this circular is a organization, personal license, please make the ad copy and sign it for the individual, signed, stamped for organization or a certified by the stars.
 
Section II Records, Procedures, LICENSING PROCEDURES DONE Ad 1.  Application for license ad 1.1 implementation. Application for a permit made advertising (Appendix 1);
1.2. A copy of the business registration certificate of the organization or individual please license the ads;
1.3. A copy of proof of conformity of the goods with the technical standards and in accordance with the law on quality of goods;
1.4. Form (safety deposit box) advertising products in jerseys signed by individuals permission to carry advertising or have permission, if the stamp is held (2);
1.5. The advertising of goods and services in the health sector must have the documents specified in points 1.1, 1.2, 1.4 clause 1 section II of this circular and, depending on the type of goods or services which must be one of the following papers: a) for drug ads for people; vaccines, medical products; chemicals, preparations for destroying insects, bactericide used in household and medical field;  food, food additive must have Paper receiving ad profile of the Agency under the Ministry of health as defined in art. 2 section III circular No. 01/2004/TTLT/BVHTT-BYT on Jan. 12, 2004 by the Ministry of culture and information and the Ministry of health.
b) for ads about the doctor, healing of the base doctor, cure has invested abroad; of the base have foreign direct physician consultation, healing with modern medicine, traditional medicine, cosmetic surgery, rehabilitation facility on the area must have a copy of the certificate of eligibility to practice validity due to the Ministry of health or the Department of health.
c) for advertising medical equipment of the production base of the medical device business, has invested abroad; the import of medical equipment, medical equipment of the production base, the business must have a copy of the technical documentation (if the document is in a foreign language must be translated into Vietnamese) issued by the manufacturer was the governing body of the medical equipment producer country to accept or licensed.
d) for advertising food, non food additives provisions in detail a 1.5 point paragraph 1 section II of this circular are a copy of the standard basis and receiving Paper record published quality standards of hygiene and food safety of the competent health authorities.
DD) for cosmetic advertising production in the country must have a copy of the vote receive a published standard of quality of the goods and A published standard of quality goods. For imported cosmetics ads must have a copy of the license issued and registered record circulation of cosmetics the competent health authorities.
1.6. The advertising of goods or services in the field of agriculture and rural development must have the papers specified in points 1.1, 1.2, 1.4 clause 1 section II of this circular, and one of the following papers: a) for drug advertising material, plant protection plant protection drugs , helpful creatures for use in plant protection, plant protection materials must have a copy of the certificate of registration, the manual and the special recommendations.
b) for advertising veterinary drugs must have a copy of the license product circulation and summary of product characteristics.
c) for advertising the kind of seed, livestock breeds, varieties must have a copy of inspection certificate for breeding, seed type.

d) with fertilizers and biological products serve farming; animal feed raw materials, processing of animal feed, probiotics livestock service must have a copy of the certificate of product quality or text self-published product quality.
1.7. in case of advertising of goods and services on the vehicles is the table, sea, canoe construction license must be replaced by the text of the agreement of the Department of construction. In addition to the documents specified in points 1.1, 1.2 one, 1.3, 1.4, 1.5, 1.6 clause 1 section II of this circular also must have the following documents: type a) certified copy of one of the papers on the right to use the land under the provisions of the law of the land;
b) in the case of land rental, construction owner ad must have written agreement or a copy of the lease of land with the land use rights are legally signed and sealed by the owner ad construction; the case of the advertising tied to the work was there before it must have written agreement or contract of construction owner advertising with the owner or the person who was given the right to manage the works had before;
c) design drawings show the location of the premises, the cut, the facade of typical; using the Foundation of works have the signature and seal of the building owner advertised. The case of the ad works attached to works already before the design drawings must show the link solution works on advertising have been there before.
2. Procedure of receiving organization records, personal needs please license the ads direct filing at the Department of culture and information. After receipt of the documents specified in clause 1, section II to this circular, the Department of culture and information has the receipt for the organization profile, personal (annex 2) and to the Window receiving profile (Appendix 3).
3. the licensing process carried 3.1 ad. The case of advertising goods, services and other goods in the health sector as defined in point 1.5 of the a weather clause 1 section II of this circular on the vehicles is luminescent animals, banners, objects in the air, under water, means of transportation, other mobile objects are specified as follows : within 5 working days from receipt of valid records are recorded in the shared profile reception, Department of culture and information license (Appendix 4). In case no license must respond in writing to the Organization, individuals permission to make advertising and stating the reason.
3.2. in case of advertising goods, services and other goods in the health sector as defined in point 1.5 of the a weather clause 1 section II of this circular on media advertising is the table, sea, slavery is regulated as follows: within 2 working days from receipt of valid records are recorded in the shared profile reception The Department of culture and information, conduct classified records and sent directly or via postal papers specified in properties a, b, c paragraph 1 Item 1.7 point II of this circular and the suggested text of agreement (Appendix 5) to build.
After receiving the documents, have the receipt records (Appendix 2). Within 10 working days of receiving the paperwork on, proceed to verify records but not to directly license the builds that have text answers for the Department of culture and information to approve or not approve a license (a record 6). The approved content is shown in the license by the Department of culture and information. The case of disapproval must respond in writing to the Department of culture and information and stating the reason.
After receiving the text of the agreement to build, within 3 working days, Department of culture and information of license made the ad.
3.3. in case of advertising of goods and services in the health sector regulation in detail b, c, d, e point 1.5 this circular section II paragraph 1 or the goods or services in the field of agriculture and rural development on the advertising media is luminescent animals, banners, objects on air , under water, means of transportation, other mobile objects are specified as follows: within 2 working days from receipt of valid record in the receiving records, Department of culture and information, conduct classified records and submit a sample (makét) specified in point 1.4 and one of the documents stipulated in detail b , c d, e point 1.5 paragraph 1 section II of this circular to health department or submit a form (makét) specified in point 1.4 and one of the documents specified in point 1.6 clause 1 section II of this circular to the Department of agriculture and rural development.
After receiving the documents, the Department of health or the Department of agriculture and rural development, granting registration to receive advertising. Within 10 working days from the date on the paper receipt, if the Department of health or the Department of agriculture and rural development does not have the required text amendments, supplements, Department of culture and information permitted advertising by registered profile.
Case of text requires amendment, Supplement, the receiving process resumes execution licensing ad will make from scratch according to the provisions in clause 2, 3 section II of this circular.

3.4. in case of advertising of goods and services in the health sector regulation in detail b, c, d, e point 1.5 this circular section II paragraph 1 or the goods or services in the field of agriculture and rural development, on the means of advertising is the table, sea, slavery is regulated as follows : within 2 working days from receipt of valid records are recorded in the shared profile reception, Department of culture and information, classify, record and make some of the following work:-Send the papers specified in properties a, b, c paragraph 1 Item 1.7 point II of this circular to the Department of building and follow the procedure in point 3.2 paragraph 3 Items II of this circular;
-Submit a form (makét) specified in point 1.4 and one of the documents stipulated in detail b, c, d, e point 1.5 paragraph 1 section II of this circular to health department or submit a form (makét) specified in point 1.4 account 1 and one of the papers specified in point 1.6 clause 1 section II of this circular to the Department of agriculture and rural development, and follow the the procedure in point 3.3 paragraph 3 section II of this circular.
After receipt of the reply text: construction, health, agriculture and rural development, within 3 working days, Department of culture and information of license made the ad.
3.5. organizations and individuals, please license the ads must directly pay at the Department of culture and information as specified as follows: a licensing fee) made advertising as specified in circular No. 68/2004/TT-BTC dated 7 July 2004 of the Ministry of finance;
b) fee appraisal and licenses receive registration documents for the advertising of goods and services in the health sector as defined in decision No. 44/2005/QD-BTC dated 12 July 2005 of the Ministry of finance regulations, submit, manage, and use standard appraisal fees and conditions of medical practice pharmaceutical licensing fees, export, import and certification of medical practice, pharmacy and decision No 80/2005/QD-BTC dated 17 November 2005 of the Ministry of Finance regulates the level of currency, payment, management and use of fees to manage the quality and food safety;
c) fee appraisal and licenses receive registration documents for the advertising of goods and services in the field of agriculture and rural development; the fee for the evaluation of construction works done according to the provisions of the law on fees and charges.
Section III ENFORCEMENT PROVISION 1. 1.1 implementation. The responsibilities of the Ministry: the Ministry of culture and information in the scope of functions, the mission is responsible for coordinated with the Ministry of health, Ministry of agriculture and rural development, the Ministry of construction and the Ministry concerned make governance about advertising on a national scope.
1.2. The responsibility of the provincial people's Committee, the central cities: the people's committees of provinces and cities under central is responsible for directing the departments of licensing functions make ad a door under the guidance of this circular to ensure fast, accurate for organizations, individuals applying for licensing; frequent urging, check preventing negative phenomena in the licensing process.
1.3. The responsibility of the facility: a cultural Facility)-information in the scope of functions, the mission is responsible for chairing, to coordinate the licensing proceeding made advertising for the organization or individual; for a fee, the fees prescribed in point 3.5 paragraph 3 section II of this circular and transferred to the relevant Department; is the clue that receive complaints, accusations of organizations, individuals in the process of licensing ads;
b) the Department of health in the scope of functions, the mission is responsible, in coordination with the Department of culture and information, made the reception record, appraisal and licenses receive registration documents advertising time as prescribed in this circular; complaints, accusations of organizations, individuals in receiving the ad profile for the kind of goods and services under the jurisdiction of receiving and replying to the individual organization according to the provisions of the law on complaints and denunciations;
c) Department of agriculture and rural development in the scope of functions, the mission is responsible, in coordination with the Department of culture and information, made the reception profile and granting registration to receive ads on time as prescribed in this circular; complaints, accusations of organizations, individuals in receiving advertising profile in the field of agriculture and rural development and respond to individual organization according to the provisions of the law on complaints and denunciations;
d) Facility built in function, the mission is responsible, in coordination with the Department of culture and information, made the reception profile and have the text agreed upon deadlines as prescribed in this circular; resolve complaints, accusations of organizations, individuals in the content of the agreement on building the ad and respond to individual organization according to the provisions of the law on complaints and denunciation.
2. Inspection and handle infringement 2.1. Specialized inspection of culture – information, health, agriculture and rural development, built within the industry management is responsible for the inspection, inspect the construction works of advertising and advertising the goods or services in the scope of management of the sector; processing the violation under the jurisdiction.

2.2. Organisation, active personal ads with violations of the provisions of this circular, depending on the nature and extent of the violation will be subject to administrative sanctions, damages or prejudice criminal liability under the law.
3. The effect of the circular 3.1. This circular has the effect after 15 days from the Post Gazette;
3.2. Repeal some of the provisions of the following:-paragraph 3 section 3 and annex 2, 3, 4, 5 circular No. 43/2003/TT-BVHTT on 16/7/2003 of the Ministry of culture-information guide the implementation of Decree No. 24/2003/ND-CP dated 13/3/2003 detailing the Government's enforcement of the Ordinance on advertising;
-A part of the content of paragraph 5 circular No. 79/2005/TT-BVHTT on 8 December 2005 of the Ministry of culture and information, amendment, addition of a specified number of circular No. 43/2003/TT-BVHTT on 16/7/2003 by the Ministry of culture and information, in particular: "the case of advertising promotions must present documents to receive your promotions content management home commercial water under the provisions of the law of commercial activities ".
-A part of the content of g-spot account 9 circular No. 79/2005/TT-BVHTT on 8 December 2005 of the Ministry of culture and information, in particular: "for ads about promotional programs must be registered to receive text content promotion of State administration on trade according to the rules of the law of commercial activities".
-The regulations on advertising and registration procedures registration review ads of some types of goods and services including: doctor, cure, medical equipment; cosmetics direct impact to human health in item 1, 2, paragraph 4 section III circular No. 01/2004/TTLT-BYT-BVHTT on 12/01/2004 of the Ministry of culture and information and the Ministry of health guidelines on advertising activities in the health sector;
-The points b, c paragraph 2; clause 4; clause 6 section III circular No. 96/2004/TTLT/BVHTT-BNN & RURAL DEVELOPMENT on 03/11/2004 of the Ministry of culture and information and the Ministry of agriculture and rural development guidelines on advertising a number of goods in the field of agriculture and rural development.
3.3. in case the content licensing Guide make advertising goods, services in the areas of health, agriculture and rural development and the agreement to build the ad works and the annex attached to this circular other than the content of the Guide and the appendices attached to circular No. 43/2003/TT-BVHTT on 16/7/2003 by the Ministry of culture Shall apply information guide and the appendices attached to this circular.