Chương 2 Nghị định 194-CP: Hình thức, phương tiện và phạm vi quảng cáo

Chapter II

FORMS, MEANS AND SCOPE OF ADVERTISEMENT

Article 4.- Advertisement can be carried out by the voice, writing, signals, photos, paintings, sound and other forms targeted at the broad public.

Article 5.-

1. The contents of an advertisement are the information which the owner wishes to convey to the broad public. They must be accurate, truthful and correctly reflect the properties, effect and quality of the commodity, service or the need of operation of the production-business-service establishments already recognized by the authorized State agency.

2. The contents of an advertisement must be clear, easily understood, free from confusion and must conform with the Vietnamese culture and lifestyle in general and the characteristics of each locality in particular.

3. The voice or the written language in an advertisement must be the spoken or written language of Vietnam, except:

a/ Books, newspapers and other publications which are allowed to be published in foreign languages;

b/ Radio and television programs in foreign languages;

c/ Trade-marks written in abbreviations or in foreign languages. The international contact name of the production-business-service establishment authorized by the competent State agency. Terms already internationalized or terms which cannot be replaced by Vietnamese.

d/ If both Vietnamese and a foreign language are used in the advertisement:

- The Vietnamese version must be written firs, on the upper part of the ad and with a bigger size than the foreign language.

- The Vietnamese version must be read first.

Article 6.- The following contents and forms of advertisement are strictly prohibited:

1. Contrary to Vietnamese law, harmful to the dignity, the fine customs and habits, health and the polite manners of the Vietnamese, disclosing national secrets, untrue to the registered quality of the goods, disparaging other persons or their goods.

2. Using the national flag, the national anthem or emblem, portraits of leaders, the flag of the Party or the International as background for the advertisement.

3. Having the presentation, shapes and colors similar to traffic signals or public notice bards, or having an unclear or uncomely presentation.

4. Advertising for the commodities banned from business or having their consumption restricted by the State within given periods.

5. Advertising for the newspapers and literary and art works not yet licensed for publication, distribution or performance.

6. Advertising for pharmaceutical materials and products, cosmetics, medical appliances and other medical activities before the authorized medical agency issues permits.

7. Making false advertisement, having a damaging effect on the interests of the nation, an organization or an individual.

8. Advertising on the front page, the first page of newspapers, magazines, special issues or supplements.

9. Integrating advertisement with the contents of news and articles, alternating advertisement with the current affairs programs and other special programs over the radio and on the television, except the relayed programs from foreign stations.

10. Outdoor advertisements affecting traffic safety, hiding traffic signs or restricting the sight of the drivers of means of transport, and pedestrians, causing difficulties to the prevention and fight against fire, or affecting the aesthetic values of architectures or the landscapes and environment.

11. Advertisements bills or boards set up, installed, hung, posted up or assembled at the following places:

- Places hung with portraits of leaders and political slogans.

- Areas where the offices of State managerial agencies at various levels are located.

- Areas of diplomatic offices and protocol offices of the State.

- Squares in cities, public parks, national parks, historical relic areas, military areas, and classified cultural buildings of the State.

- Museums, schools, hospitals, cemeteries, communal houses, temples, pagodas and churches.

- Places where documents of the State are posted up for public notice.

- Advertisements which are placed in front of or hiding earlier advertisements before expiry of their permits.

- Advertisements strung across water and land transport lines or along expressways.

12. Advertisements using too loud sounds are banned from 23.00 hrs till 4.00 hrs in the morning.

Article 7.- The means of advertisements are instruments by which the advertisement is carried out. They comprise:

1. Newspapers, magazines, supplements, bulletins, special issues, books, advertising folders, leaflets and other printed and copied matters.

2. Television programs, radio programs, advertising films, advertising music and other advertising audio-visual tapes and disks.

3. Logos and billboards of the organizations and individuals engaged in production-business-services; advertising panels and posters on fixed and mobile objects, on transport means, or on clothes, hats, caps, handbags and other containers.

4. Illuminating objects, airborne objects, sales agents, places where products, foods and beverages are offered as samples, gifts are distributed or presented, and samples are displayed; fashion shows, exhibitions of commodities, and entertainments and sport sponsoring events accompanied with advertisements.

Article 8.- Time frame, area and scope of advertisement:

1. The maximum time limit for advertisement is defined as followed:

a/ An advertising period in a daily must not exceed five days. An advertising period on the television must not exceed eight days and must not be broadcast more than five times a day. Over the radio it must not exceed five days and must not be broadcast more than ten times a day.

b/ The space covered by advertisements must not exceed 10% of the total coverage of the printed press; the time devoted to advertisement programs must not exceed 5% of the whole time of the radio and television program.

A supplement to a newspaper or an additional canal on the radio or television exclusively for advertising purpose must get the previous permission from the press management agency. The price of a newspaper or magazine must not be raised due to the increase in the number of advertising pages.

c/ The time limit for an outdoor advertisement must not exceed one year. On expiry of the term, the owner of the advertisement or the advertising organization must apply for extension and can renew the advertisement only after the request is accepted.

d/ The forms of advertisement stated at Items 3 and 4 of Article 7 shall have to comply with the permit from the culture and information service as to the place and duration of the advertisement.