Chapter II
ADVERTISING ACTIVITIES
Article 6.- Advertising contents
1. The advertising contents cover advertising information on business activities, goods and/or services.
2. The advertising information on business activities, goods and/or services must be truthful, accurate and clear, not causing harms to producers, traders and consumers.
Article 7.- Advertising forms
1. Advertising forms mean the presentation of advertising products in voices, scripts, symbols, colors, lights, images, actions, sounds and other forms.
2. Advertising forms must be clear, easy to under-stand and of aesthetic value.
3. Advertising forms must bear signs distinguishing advertising information from non-advertising information in order not to cause confusion to producers, traders and consumers.
Article 8.- Voices and scripts used in advertisement
1. Voices and scripts used in advertisement are of the Vietnamese language, except for the following cases:
a) Terms and expressions have been internationalized, trade marks or terms and expressions cannot be substituted by Vietnamese language;
b) Advertisements are made in books, newspapers and publications, which are permitted to be published in languages of ethnic minority people in Vietnam or foreign languages; radio and television programs broadcast in languages of ethnic minority people in Vietnam or in foreign languages.
2. Where the Vietnamese language, an ethnic minority language in Vietnam and a foreign language are used on the same advertising product, the Vietnamese language shall be inscribed first, then the ethnic minority language and the foreign language, and the sizes of the ethnic minority language and the foreign language letters must not be bigger than the size of the Vietnamese language letters.
Article 9.- Advertising means
The advertising means shall include:
1. The press, including printed press, audio press, visual press and electronic press;
2. The computer information networks;
3. Publications including films, photos, video tapes, video discs, audio tapes, audio discs;
4. Cultural or sport activity programs;
5. Fairs, exhibitions;
6. Billboards, signboards, panels, placards, screens at public places;
7. Illuminating objects, aerial objects, water objects;
8. Transport means, other moving objects;
9. Commodity;
10. Other advertising means as prescribed by law.
Article 10.- Advertisement on press
1. The printed press may carry advertisements for not more than 10% of their space, excluding specialized advertising newspapers; each drive of advertisement for an advertising product shall not exceed 5 days for the dailies or 5 consecutive issues for the periodicals; the interval between advertising drives must be at least 5 days for the dailies or 4 consecutive issues for the periodicals; advertisements of business activities, goods and/or services must not be carried on the front pages or front covers.
2. The audio press may carry advertisements for not more than 5% of the time volume of the programs, except for the specialized advertising frequencies; each broadcasting drive for an advertising product must not exceed 8 days, except for special cases stipulated by the Government; for each day it must not exceed 10 times; the interval between advertising drives must be at least 5 days; advertisements must not be made immediately after the musical theme and during the news-report programs.
3. The visual press may carry advertisements for not more than 5% of the time volume of the programs, except for the specialized advertising channels; each broadcasting drive for an advertising product must not exceed 8 days, except for special cases stipulated by the Government; for each day it must not exceed 10 times; the interval between advertising drives must be at least 5 days; advertisements must not be carried immediately after the symbol image or during the news- report programs.
4. The electronic press may carry advertisements like the printed press as prescribed in Clause 1 of this Article.
Article 11.- Advertisement on computer information networks
The advertisement on computer information networks must strictly comply with law provisions on advertisement, access services, exchange services and the provision of advertising services in various forms on computer information networks and comply with the technical and operational regulations in order to ensure the State secrets.
Article 12.- Advertisement on publications
The advertisement on publications shall be carried out according to the following regulations:
1. Only advertising products with contents in service of learning can be printed on covers of pupils notebooks;
2. Films, video tapes, video discs, audio tapes, audio discs and other news-recording means may carry advertisements for not more than 5% of the time volume of the programs.
3. Advertisement of business activities, goods and/or services must not be carried on the front covers of books of all kinds; advertisement must not be carried in text books, teaching materials or political works;
4. Other law provisions on publication and the provisions of this Ordinance.
Article 13.- Advertisement in cultural or sport programs, fairs, exhibitions
The advertisement through cultural or sport programs, fairs and/or exhibitions must comply with the law provisions on art performances, sport activities, fairs and exhibitions as well as the provisions of this Ordinance.
Article 14.- Advertisement on other means
The advertisement on means prescribed at Points 6, 7, 8 and 10, Article 9 of this Ordinance must comply with the law provisions on advertisement, on urban and rural plannings, urban beauty, landscapes, environment, traffic order and safety, social safety.
Article 15.- Conditions on advertisement of business activities, goods and services
1. The conditions on advertisement of business activities, goods and services are prescribed as follows:
a) The advertisement of goods on the list of goods subject to quality inspection or on the list of goods requiring quality certification requires the State management bodies certificates of the goods quality; where the goods quality standards are self-proclaimed, there must be the written self-proclamation; where goods are intellectual property objects, there must be the intellectual property (ownership) certificates;
b) Where advertisement is made for an asset which, under the provisions of law, requires the ownership registration, there must be the certificate of the asset ownership;
c) The advertisement of business activities, goods and/or services requires the business registration certificates;
d) The advertisement on computer information networks, billboards, signboards, panels, placards, screens at public places, illuminating objects, aerial objects, water objects, transport means and/or other moving objects requires the advertising permits granted by competent State management bodies in charge of culture and information.
2. The advertisers must produce documents prescribed in Clause 1 of this Article to advertising service dealers or advertisement issuers; the advertising service dealers must produce the documents prescribed in Clause 1 of this Article to the advertisement issuers.
Article 16.- Competence and procedures for granting the advertising permits
1. The Ministry of Culture and Information shall grant permits for advertisement on computer information networks, radio waves and programs, television channels and programs, which are specialized in advertising, and specialized advertising supplements.
2. The provincial/municipal Services of Culture and Information shall grant permits for advertisement on billboards, signboards, panels, placards, television screens at public places, illuminating objects, aerial objects, water objects, transport means and other moving objects.
3. The Ministry of Culture and Information shall specify the procedures for granting of advertising permits.
Article 17.- Advertising service contracts
The hiring of advertising services must be established in contracts. The advertising service contract must be made in writing with the following contents:
1. Names and addressed of the contracting parties;
2. Advertising forms, contents, means and products;
3. Time, location and scope of advertisement;
4. The service charge and other relevant expenses as well as payment mode;
5. Rights and obligations of the parties;
6. Liabilities for breach of the contract;
7. Other contents agreed upon by the parties.
Tìm kiếm
Pháp lệnh 39/2001/PL-UBTVQH10 (Bản Word)