Chương 3 Nghị định 194-CP: Điều kiện, thủ tục hoạt động quảng cáo

Chapter III

CONDITIONS AND PROCEDURES OF ADVERTISING ACTIVITIES

Article 9.-

1. The owner of the advertisement is an individual or an organization having the need of advertisement and must fill the following conditions:

- It must have a business permit if it is a production-business-service establishment.

- The commodity to be advertised must have a certificate of standard quality issued by the authorized agency of Vietnam.

- The trademark and logo of the merchandise, the name of the production-business-service establishment which wishes to be advertised must have a certificate of registration in Vietnam issued by the authorized agency of Vietnam.

2. The owner of an advertisement shall be answerable before law for the truthfulness and accuracy of the contents of the advertisement.

Article 10.- The advertiser is an individual or organization who carries out all or part of the advertising activities as requested by the advertisement owner.

1. The advertiser must fill the following conditions:

a/ He must have a permit for advertisement business issued by the authorized agency.

b/ He must have an operating permit issued by the authorized agency.

- A State-owned business which wants to engage in the advertising service must abide by the regulations in Decree No.388-HDBT of the 20th of November 1991 issued by the Council of Ministers (now the Government).

- A private company or business which wants to engage in advertisement business must abide by the regulations of the Corporate Law and the Law on Private Businesses;

- A business household with a capital below the level required for a legal capital and which wants to engage in advertising business, must abide by the regulations in Decree No. 66-HDBT of the 2nd of March 1992 issued by the Council of Ministers (now the Government) and the direction of the Ministry of Culture and Information.

2. The advertiser can operate only in the locality where he has his office. He must have the permit of the Ministry of Culture and Information if he wants to extend his advertising activities beyond the boundary of this territory.

The advertiser must have a professional standard, the necessary means and places of transaction and of operation.

3. The advertiser shall have to ask the owner of the advertisement to produce papers related to the accuracy and truthfulness of the contents of the advertisement before he does his job, and is responsible before law for the realization of these contents.

The relations between the owner of the advertisement and the advertiser are based on contracts.

Article 11.- The State-owned businesses at the central agencies and in the provinces or cities directly under the Central Government, which want to engage in the advertising business, must have an operating permit from the Ministry of Culture and Information.

A private company or a private business and a business household with a capital below the level required for a legal capital, which wants to engage in the advertising business, must have an operating permit from the Ministry of Culture and Information.

Article 12.- The dossier to apply for a permit shall comprise:

1. An application for advertisement (according to the unified form issued by the Ministry of Culture and Information).

2. A notarized copy of the production-business-service permit.

3. A copy of the certificate of the quality standard of the commodity, a copy of the certificate of registration of the trade mark, the name and logo, all of which must be notarized.

4. If the advertiser is also the applicant, he must attach to the application a notarized copy of the contract between him and the owner of the advertisement.

5. The dossier shall be submitted to the agency which is to issue the permit.

Article 13.- With regard to the advertisements by panels, posters, fixed or mobile signs, besides the papers mentioned in Article 12, the dossier must also include:

- A sketch of the place where the advertisement is to be installed according to the local development program, certified by the Culture and Information Section of the district or township which manages the territory.

- A model of the advertisement;

- The contract between the advertiser and the person who is owning or using the place and means of advertisement.

Article 14.- The advertiser, the mass media engaged in advertising business, and the renter of the place of advertisement have to:

1. Pay tax according to law;

2. Pay the fee permit of advertisement as prescribed by the State.

The tax and fee have to be remitted to the State budget.

Article 15.- Twenty days at the latest after receipt of the duly made dossier, the agency authorized to issue the advertisement permit shall issue the permit. If not, it must state the reason and send a written reply to the applicant.

Fifteen days after the signing of the permit, if the recipient does not carry out the advertisement, the permit shall lose its validity (except special cases when he has to wait for the approval of the permit-issuing agency).

In case of complaint, the complaint shall be handled by the permit-issuing agency. The complainant may refer to a higher competent State agency if he finds the settlement unsatisfactory.