Chương 2 Nghị định 24/2003/NĐ-CP: Hoạt động quảng cáo

Chapter II

ADVERTISING ACTIVITIES

Article 4.-

1. Advertising information on business activities must be truthful, accurate and consistent with the already registered business scope and lines.

2. Advertising information on goods and profit-making services must demonstrate in a truthful and accurate manner their actual specifications, quality, utilities, labels, designs, categories, packing, origins, service modes, use, preservation and warranty durations.

3. Advertising information on non-profit services must be truthful and accurate, correctly reflecting service requirements, capabilities and quality.

Article 5.-

1. For advertising products displayed on billboards, signboards, panels, banners or in similar forms, their serial numbers and duration of advertisement permits and names of applicants therefor must be inscribed thereon.

2. For advertising products displayed on posters, the serial numbers of publication permits therefor, names of publication permit applicants, names of printing establishments and numbers of printed copies must be inscribed thereon.

3. Advertisements on printed press must be laid out in separate sections or pages with headlines clearly indicating that they are classified information and advertisements; advertisements on radio and television must be made with voices or inscriptions clearly expressing that they are classified information and advertisements.

Article 6.-

1. Specialized advertising pages or supplements of printed press must be permitted by the Ministry of Culture and Information. The number of specialized advertising pages must not exceed that of principal newspapers and shall not be counted into selling prices.

2. Advertisements must not be made on front pages or front covers of dailies, periodicals, magazines, special issues and supplementary issues, except for specialized advertising newspapers.

Article 7.-

1. Advertisements must not be made immediately after musical themes or symbol images of radio and television programs, except for movies, art, sport and entertainment programs.

2. Each broadcasting drive for an advertising product on radio or television must not exceed 8 days, except for the following cases:

a/ For sponsored advertisements associated with an activity which continuously takes place for more than 8 days, the duration of such continuous activity shall be regarded as an advertising drive;

b/ For advertisements of non-profit services aiming to materialize the social policies associated with an activity which continuously takes place for more than 8 days, the duration of such continuous activity shall be regarded as an advertising drive;

Article 8.-

1. Continuous advertisements on radio or television for more than 10 minutes shall be regarded as a specialized advertising program, which must be permitted by the Ministry of Culture and Information.

2. Each television movie program must not be interrupted for advertisements more than twice, and each time must not exceed five minutes; each entertainment program on radio or television must not be interrupted for advertisements more than four times, and each time must not exceed five minutes.

3. Advertisements for business activities, goods or services of an advertiser or an advertising service provider must not exceed 50% of the time volume for each advertising time on radio or television.

Article 9.- Heads, editors-in-chief, general directors or directors of press agencies shall be responsible for the contents, presentations, positions, time volumes or spaces of advertisements on their press media.

Article 10.- Agencies, organizations and enterprises dealing in advertising services on computer information networks must be granted licenses therefor by the Ministry of Culture and Information and have certificates of advertising service business registration.

Article 11.-

1. Directors of publishing houses shall be responsible for advertising products and positions of advertisements on their publications, which are published under plans.

2. Advertisements on publications which require publication permits must be permitted by the State management agencies in charge of publication according to the provisions of the Publication Law.

Article 12.- Advertisements on billboards, signboards, panels, screens, banners, illuminating objects, aerial or aquatic objects, other moving objects or in similar forms, which are hung, put up, stuck or installed outdoor or at public places, are prescribed as follows:

1. Not to hide over 10% of the space of an advertising product which has previously been put up and not yet had its duration expired, in front of, at a distance of 200 meters from and/or at a 90o angle with the existing advertisement;

2. Not to be placed within traffic safety corridors, dike or national power grid safety corridors; not to hide road signs and traffic lights or public indication boards;

3. In urban centers, advertisements occupying large outdoor spaces, not in line with the urban planning and affecting social safety, beautiful views and environmental landscapes shall be limited.

Article 13.- Advertising products at festivals, conferences, seminars, art performances, cultural exchanges, physical training and sport competitions must not be hung, put up, stuck or installed at a height equal to or higher than logos or appellations of such programs; and the sizes of letters used on such advertising products must be smaller than those of appellations of such programs.

Article 14.- Advertisements on other advertising media such as parasols, trolleys, cargo boxes, fence roofs, flag ropes and other articles shall require no permits but must comply with the provisions of the advertisement legislation and other relevant provisions of law.

Article 15.-

1. Organizations and individuals that wish to deal in advertising services must have business registration certificates as prescribed by law.

2. Within five working days, organizations and individuals dealing in advertising services, that wish to locate their branches or representative offices in other provinces or cities, shall have to notify the provincial-level business registration sections and Culture and Information Services of the localities where their branches or representative offices are expected to be located of the following contents:

a/ The enterprises’ names and headquarters addresses;

b/ Business lines or trades;

c/ Names and addresses of working offices of branches or representative offices;

d/ Contents and scope of operation of branches or representative offices;

e/ Full names and places of residence of heads of branches or representative offices.

3. Advertising service business registration certificates granted by business registration sections of the district or equivalent level shall be valid for operations within the local provinces or centrally-run cities.

Article 16.- Organizations and individuals that wish to have their non-profit services advertised must produce documents to secure the truthfulness and accuracy of advertising information contents when so requested by the advertising service providers or advertisement distributors.

Article 17.-

1. Organizations and individuals making advertisements for business activities, goods and/or services must have business registration certificates as prescribed by law.

2. Advertisements for products and goods on the list of goods subject to the application and certification of Vietnamese standards must be granted certificates of Vietnamese standard compatibility by competent State agencies.

3. Advertisements for products and goods on the list of goods subject to the application and certification of branch standards or other standards require standard compatibility certificates granted by competent State agencies.

4. Those who make advertisements for medicines and raw materials for medicine production, cosmetics, vaccines, immune bio-products, medical instruments and equipment and foodstuffs must fully notify the contents of advertising products to the Health Ministry or the provincial/municipal Health Services authorized by the Health Ministry. In case of disapproval of advertising products, the Health Ministry or the provincial/municipal Health Services must notify such in writing to advertisers and advertising service dealers.

Within 10 working days after receiving the written notices, if the Health Ministry or the provincial/municipal Health Services make no written reply, the advertisers or advertising service dealers may make advertisements according to the notified contents.

Only advertisements for medicines on the list of medicines permitted for advertisement, promulgated by the Health Ministry, shall be made.

5. The advertisement of breast milk substitutes must comply with the provisions of law on trading in and use of breast milk substitutes.

6. For advertisements for biological products in service of cultivation, husbandry, livestock feeds, veterinary drugs, plant protection drugs, fertilizers and fertilizer preparations, plant varieties and domestic animal breeds, the contents thereof must be fully notified to the Ministry of Agriculture and Rural Development. In case of disapproval of the notified contents, the Ministry of Agriculture and Rural Development must notify such in writing to the advertisers or advertising service dealers.

Within 10 working days, after receiving written notices, if the Ministry of Agriculture and Rural Development makes no written reply, the advertisers or advertising service dealers may make advertisements according to the notified contents.

7. Advertisements for inventions, utility solutions, industrial designs, trademarks, appellations of origin of goods, geographical indications, trade names, copyrights and relevant rights must ensure the truthfulness of information related to the protection status of such objects according to the law provisions on industrial property and copyright protection.

Article 18.- Organizations and individuals that are engaged in many business lines, produce or trade in many types of products or goods under the same brand (firm appellation), when making advertisements therefor, must clearly state the contents of the business lines or types of products or goods to be advertised.

Article 19.-

1. Advertising products on the computer information networks shall fall under the responsibility of the heads of agencies, organizations or enterprises licensed to provide Internet services. Advertisements on screens installed at public places shall fall under the responsibility of the owners of such screens and comply with the following regulations:

a/ For advertisements on computer information networks, the advertising products must be sent to the Ministry of Culture and Information at least 10 working days before making the advertisements;

b/ For advertisements on screens installed at public places, the advertising products must be sent to the provincial/municipal Services of Culture and Information at least 10 working days before effecting the advertisements.

Within five working days after receiving the advertising products, if the Ministry of Culture and Information or provincial/municipal Services of Culture and Information disapprove such advertising products, it or they shall have to reply in writing, clearly stating the reasons therefor. Past that time limit, if no written reply is made, the advertisers shall effect their advertising products they have sent.

2. For advertisements on billboards, signboards, panels and transport means, the advertising duration shall not exceed three years. When such duration expires, any prolongation must be permitted by the provincial/municipal Services of Culture and Information.

In case of changing the advertising positions, sizes or products, the permits of the provincial/municipal Services of Culture and Information are required.

3. Advertisements on banners, illuminating objects, aerial or aquatic objects and other moving objects about activities, which are expected to last for a definite period of time, shall be effected during such period, before such duration for not more than five working days and after such duration for not more than two working days.

In case of advertisements for an activity which is expected to last for an indefinite period of time, the duration of an advertising drive shall not exceed 15 working days. The interval between two advertising drives shall be at least eight working days.

Article 20.- Within 10 working days after receiving complete and valid dossiers, the Ministry of Culture and Information or the provincial/municipal Services of Culture and Information shall have to grant permits for making advertisements. In case of refusal to grant permits, written replies must be made, clearly stating the reasons therefor.