Chapter IV
STATE MANAGEMENT OVER ADVERTISEMENT
Article 29.- The Ministry of Culture and Information shall be answerable to the Government for performing the function of State management over advertisement throughout the country, having the following tasks and powers:
1. To elaborate and submit to the Government planning, plans and policies on advertising activities;
2. To elaborate and submit to the Government for promulgation or promulgate according to its own competence legal documents on advertisement;
3. To grant, modify, supplement or withdraw permits for the establishment of branches of foreign organizations and individuals dealing in advertising services; permits for advertisement on computer information networks; permits for publishing additional pages or supplements exclusively for advertisements for printed press; or exclusive advertisement channels or programs on radio or television;
4. To organize and direct the professional or managerial training and fostering of personnel engaged in advertising activities;
5. To inspect and examine the law observance in advertising activities; to settle complaints and denunciations and handle violations of the legislation on advertisement;
6. To organize and guide the enforcement of the provisions of advertisement legislation;
7. To organize and manage the international cooperation in the advertising domain;
8. To contribute opinions to the evaluation of foreign-invested projects in the advertising domain.
The Department for Grassroots Culture and Information shall assist the Ministry of Culture and Information in performing the function of State management over advertisement throughout the country.
Article 30.-
1. The Ministry of Trade shall, within the ambit of its tasks and powers, have to coordinate with the Ministry of Culture and Information in performing the State management over advertisement of goods and commercial services; draw up and submit to the Government for promulgation the list of goods and commercial services banned from advertisement.
2. The Ministry of Health shall, within the ambit of its tasks and powers, have to coordinate with the Ministry of Culture and Information in performing the State management over advertisement for medicines, raw materials for producing medicines, cosmetics, vaccines, immune bio-products, medical instruments and equipment, medical services and foodstuffs; promulgate the list of medicines already put out of the list of medicines permitted for use and already registered medicines which are suspended from circulation; elaborate and submit to the Government for promulgation the list of medicines banned from advertisement.
3. The Ministry of Agriculture and Rural Development shall, within the ambit of its tasks and powers, have to coordinate with the Ministry of Culture and Information in performing the State management over advertisement for bio-products in service of cultivation, husbandry, livestock feed, veterinary drugs, plant protection drugs, fertilizers, fertilizer preparations, plant varieties and domestic animal breeds.
4. The Ministry of Science and Technology shall, within the ambit of its tasks and powers, have to coordinate with the Ministry of Culture and Information in performing the State management over advertisements related to intellectual property objects.
5. The Ministry of Planning and Investment shall, within the ambit of its tasks and powers, have to evaluate foreign-invested projects in the advertising domain.
6. The ministries, the ministerial-level agencies and the agencies attached to the Government shall, within the ambit of their respective tasks and powers, have to coordinate with the Ministry of Culture and Information in performing the State management over advertisement.
Article 31.- The People’s Committees of the provinces and centrally-run cities shall perform the following tasks:
1. To grant, modify, supplement or withdraw permits for the establishment of representative offices of foreign organizations or individuals dealing in advertising services;
2. To direct the provincial/municipal Services of Agriculture and Rural Development in performing the following tasks:
a/ To work out planning on advertising activities;
b/ To work out planning on areas, streets and places where advertisements are permitted to be installed;
c/ To work out planning in terms of sizes, dimensions and number of advertisements in various forms for each area, thus securing traffic safety, urban beauty and safety in fire prevention and combat as well as construction structure.
d/ To grant permits for making advertisements according to the provisions in Clause 2, Article 16 of the Advertisement Ordinance;
e/ To organize and guide the implementation of the provisions of the advertisement legislation in their localities;
f/ To organize training and fostering courses to raise managerial and professional skills of advertising personnel;
g/ To assume the prime responsibility and coordinate with the local functional agencies in organizing the inspection, examination and settlement of complaints and denunciations and handling of violations according to their respective competence;
h/ To periodically report to the Ministry of Culture and Information on the granting of permits for making advertisements, planning on, inspection and examination of advertising activities in their localities.
Article 32.- The State Inspectorate in charge of culture and information shall perform the function of specialized inspection of advertisements according to the provisions of the inspection legislation, the Advertisement Ordinance and other relevant law provisions.
Article 33.- Organizations and individuals that commit acts of violating the advertisement legislation shall, depending on the nature and seriousness of their violations, be administratively sanctioned. Individuals who commit severe law-breaking acts shall be examined for penal liability. If material damage is caused, compensations therefor shall be made according to the provisions of law. The sanctioning of administrative violations in advertising activities must comply with the provisions of the legislation on sanctioning of administrative violations in the domain of culture and information.
Tìm kiếm
Nghị định 24/2003/NĐ-CP (Bản Word)