Integrated document No. 04/VBHN-VPQH dated February 21, 2025 Law on Advertising
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THE OFFICE OF THE NATIONAL ASSEMBLY OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
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No. 04/VBHN-VPQH |
Hanoi, February 21, 2025 |
LAW
ON ADVERTISING
The Law on Advertising No. 16/2012/QH13 dated June 21, 2012 of the National Assembly, which comes into force from January 01, 2013 is amended by:
1. The Law No. 35/2018/QH14 dated November 20, 2018 of the National Assembly on amendments to some articles concerning planning of 37 laws, which comes into force from January 01, 2019;
2. The Law on Management and Use of Weapons, Explosive Materials and Support Instruments No. 42/2024/QH15 dated June 29, 2024 of the National Assembly, which comes into force from January 01, 2025;
3. The Law on Urban and Rural Planning No. 47/2024/QH15 dated November 26, 2024 of the National Assembly, which comes into force from July 01, 2025.
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam amended by the Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Advertising[1].
Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Law specifies advertising activities; rights and obligations of organizations and individuals participating in advertising activities; state management of advertising.
2. The political propagation and dissemination are not regulated by this Law.
Article 2. Definition of terms
In this Law, the terms below are construed as follows:
1. “Advertising” means employment of various means in order to present the public with the profitable products, goods and service; non-profitable products and services; organizations and individuals trading and providing the presented products, goods and services, except for news, social policies; personal information.
2. “Profitable services” mean services aiming to make profit for organizations and individuals that provide such services; non-profit services are services serving the social interests that do not make profit for organizations and individuals that provide such services.
3. “Advertisements” include contents and forms of advertising demonstrated using graphics, sounds, voices, text, symbols, colors, lights and similar forms.
4. “Advertising promotions” mean activities of seeking and boosting the opportunity to sign the advertising contract.
5. “Advertisers” mean organizations and individuals that demand to advertise their products, goods and services, or to advertise themselves.
6. “Advertising service providers” mean organizations and individuals that perform one, a number of, or all the phases of advertising process under the advertising contracts with the advertisers.
7. “Advertisement publishers” mean organizations and individuals using means of advertising under their management to present the advertisements to the public, including the press, publishers, website owners, organizers of sports events and cultural programs, and the organizations and individuals using other means of advertising.
8. “Advertisement conveyors” mean people that directly bring the advertisements to the public or display the advertisements on their bodies in forms of wearing, hanging, sticking, drawing or similar forms.
9. “Advertisement receivers” mean people that receive information from the advertisements via means of advertising.
10. “Advertisement duration” means the duration of broadcasting an advertisement on a channel, a TV program, and radio program; the advertisement duration in the total duration of a sports event or cultural program; the advertisement duration in a audio, video record, and other technological devices.
11. “Advertisement area” means the part displaying the advertisements on newspapers, video newspapers, electronics newspapers, websites, publications, billboards, means of transport or other similar means of advertising.
12. “Special products, goods and services” mean products, goods and services that directly affect the human health and the environment.
13. “Advertising screens” are means of advertising using electronic technology to convey the advertisements, including LED, LCD screens and similar forms.
Article 3. State policies on advertising
1. Protecting the lawful rights and interests of organizations and individuals in advertising activities.
2. Enabling organizations and individuals to develop the advertising forms and improve the advertising quality.
3. Encouraging organizations and individuals to study, apply modern science and technology to the design and construction of advertisements, efficiently invest in advertising.
4. Facilitating and encouraging the development of the advertising workforce; prioritizing the investment in professional training for the officers and officials in charge of the State management of advertising.
5. Expanding the international cooperation in advertising.
Article 4. State management of advertising
1. Promulgating and organizing the implementation of the legislative documents on advertising.
2[2]. Formulating and directing strategies, plans and policies on advertising development.
3. Disseminating the law on advertising.
4. Directing the researches and application of science and technology to advertising.
5. Directing and organizing the implementation of the professional training provided for the advertising workforce.
6. Organizing the commendation in advertising.
7. Getting international cooperation in advertising.
8. Carrying out inspections, settling complaints, denunciation and handling violations against regulations on advertising.
Article 5. State management responsibilities for advertising
1. The Government must unify the state management of advertising.
2. The Ministry of Culture, Sports and Tourism is responsible to the Government for the state management of advertising.
3. Ministries and ministerial-level agencies are responsible to cooperate with the Ministry of Culture, Sports and Tourism in performing the state management of advertising within their scope of duties and jurisdiction.
4. People’s Committees at all levels are in charge of the state management of local advertising activities within their jurisdiction.
Article 6. Advertising contract
The cooperation among the subjects in advertising activities must be concluded in an advertising contract as prescribed by law.
Article 7. Products, goods and services banned from advertising
1. Goods and services banned from trade as prescribed by law.
2. Cigarettes.
3. Wine that contains 150 alcohol or above.
4. Dairy being breast milk substitute for children under 24 months old, dietary supplements for children under 06 months old; artificial feeding bottles and pacifiers.
5. Prescription drugs, non-prescription drugs recommended by competent State agencies to use restrictively or under the doctor’s supervision.
6. Pornographic products.
7. [3] Weapons, explosive materials and support instruments; products that might incite violence.
8. Other products, goods and services banned from advertising specified by the Government depending on the actual requirements.
Article 8. Prohibited acts in advertising
1. Advertising the products, goods and services specified in Article 7 of this Law.
2. Using advertisements that reveal the State secrets, harm the independence and National sovereignty, National defense and security.
3. Using advertisement inartistically, contrary to the Vietnam’s history, culture, ethics and traditional customs.
4. Using advertisements that affect the urban scenery, the traffic safety and the social order.
5. Using advertisements that degrade the respectability of the National flag, the National emblem, the National anthem, the Communist Party’s flag, national heroes, cultural celebrities, the leaders of the State and the Communist Party.
6. Using advertisements that express racial discrimination, sexual discrimination, prejudice against disabled people, or violate the freedom of belief and religion.
7. Using advertisements that offend the prestige, honor and dignity of other organizations and individuals.
8. Using advertisements that contain other people’s pictures, words or text without obtaining their consent, unless otherwise permitted by law.
9. Advertising incorrectly or using advertisements causing confusion about the business competence, the ability to provide products, goods and services of organizations and individuals trading and providing such products, goods and services; about the quantity, quality, prices, features, designs, package, brand name, kinds, method of service, warranty duration of the registered or announced products, goods and services.
10. Advertising using direct comparison of the prices, quality and efficiency of their products, goods and services to those of the other’s products, goods and services of the same kind.
11. Advertising using the words “best”, “the best”, “only”, “number one” or words with similar meaning without legitimate documents proving so as prescribed by the Ministry of Culture, Sports and Tourism.
12. Advertising using unhealthy competition contents as prescribed by law provisions on competition.
13. Using advertisements that violate law provisions on intellectual property.
14. Using advertisements that make children think, speak and act against the traditional customs and ethics, negatively affect the children’s health, safety or natural development.
15. Forcing other agencies, organizations and individuals to make advertisements or receive advertisements involuntarily.
16. Hanging, placing, painting advertisements on electric poles, traffic lights and public trees.
Article 9. Advertisement Appraisal Council
1. Advertisement Appraisal Council is an advisory organization affiliated to the Ministry of Culture, Sports and Tourism, assisting the Minister in considering and drawing conclusion about the conformity of the advertisements with the law provisions when organizations and individuals request the advertisement appraisal
2. The Advertisement Appraisal Council includes the representatives from the Ministry of Culture, Sports and Tourism, professional organizations of advertising and experts from relevant fields.
3. The Ministry of Culture, Sports and Tourism must elaborate the organization and activities of the Advertisement Appraisal Council.
Article 10. Professional organizations of advertising
1. Professional organizations of advertising are established and operate under the law provisions.
2. Professional organizations of advertising are entitled to:
a) Protect the lawful rights and interests of their members;
b) Formulate, submit the code of professional conduct in advertising to the Ministry of Culture, Sports and Tourism for approval, and organize the implementation of such code;
c) Participate in formulating and the strategies, plans and policies on advertising development; the legislative documents, technical regulations and standards of advertising and outdoor advertising planning;
d) Nominate representatives and experts to join the Advertisement Appraisal Council at the request from competent state management agencies.
dd) Conduct researches and application of science and technology to advertising; provide consultancy, information, professional training in advertising techniques and professional ethics;
e) Promote healthy competition in order to develop the advertising market and improve the advertisement quality;
g) Cooperate with state management agencies to propagate and disseminate the law provisions on advertising, strengthen consumers’ belief;
h) Other duties and entitlement as prescribed by law.
Article 11. Handling violations against regulations on advertising
1. Organizations committing violations against this Law and other relevant law provisions must face administrative penalties depending on the nature and extent of the violations, and pay compensation for the damage (if any) as prescribed by law.
2. Individuals committing violations of this Law and other relevant law provisions must be disciplined, face administrative penalties or criminal prosecution depending on the nature and extent of the violations, and pay compensation for the damage (if any) as prescribed by law.
3. State management agencies of advertising must be responsible for their decisions and pay compensation for the damage caused by their incorrect decisions as prescribed by law.
4. The Government must specify violations, penalties and fines for violations against regulations on advertising.
Chapter II
RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS TO ADVERTISING
Article 12. Rights and obligations of advertisers
1. Advertisers are entitled to:
a) Advertise their products, goods, services, organization and individual;
b) Make decisions on the forms and methods of advertising;
c) Receive information from local agencies in charge of advertising about the approved outdoor advertising planning;
d) Request advertisement appraisal;
2. Advertisers have the following obligations:
a) Provide the advertising service providers or advertisement publishers with necessary, truthful and accurate information about the agencies, organizations, individuals, products, goods, services and the documents related to the advertising conditions and be responsible for such information.
b) Ensure that the product, goods and service quality is consistent with the advertisements;
c) Be responsible for their advertisements when directing advertising on the means of advertising; or be jointly responsible for the advertisements when hiring others to advertise;
d) Provide documents related to the advertisements at the request of the advertisement receiver or competent state agencies.
3. Other obligations and rights as prescribed by law.
Article 13. Rights and obligations of advertising service providers
1. Advertising service providers are entitled to:
a) Make decisions on the forms and methods of advertising business;
b) Receive accurate and truthful information from the advertisers about the advertised organizations, individuals, products, goods, services and the documents related to the advertising conditions;
c) Participate in the formulation of the local advertising planning and receive information from local agencies in charge of advertising about the approved outdoor advertising planning;
d) Request advertisement appraisal;
2. Advertising service providers have the following obligations:
a) Operate within the range specified in the Certificate of business registration and observe the law provisions on advertising;
b) Examine the documents related to the advertising conditions of the advertised organizations, individuals, products, goods and services, and implement the relevant procedures under the advertising contract;
c) Be responsible for the advertisements that they directly make;
d) Provide documents related to the advertisements at the request of the advertisement receivers or competent state agencies.
3. Other obligations and rights as prescribed by law.
Article 14. Rights and obligations of advertisement publishers
1. Advertise on their means and collect service charges as prescribed by law.
2. Examine the documents related to the advertising conditions of the advertised organizations, individuals, products, goods and services;
3. Provide the documents related to the advertisements at the request of the advertisement receivers or competent state agencies.
4. Perform the signed advertisement publication contracts and be directly responsible for the advertisements put on the means of advertising under their management.
5. Request advertisement appraisal;
6. Other obligations and rights as prescribed by law.
Article 15. Rights and obligations of the lessor of means and place of advertising
1. Choose the advertisers and advertising service providers.
2. Be responsible for the legitimacy of the lease of the place, the means of advertising, and their safety; fulfill the obligations in the signed lease contracts.
3. Be jointly responsible for the advertising constructions set up inconsistently with the construction license or without the construction license.
4. Other obligations and rights as prescribed by law.
Article 16. Rights and obligations of advertisement receivers
1. Be entitled to receive truthful information about the quality, features and effects of the products, goods and services.
2. Be entitled to refuse advertisements.
3. Be entitled to request the advertiser or the advertisement publisher to pay compensation when the products, goods and services are inconsistent with the technical regulations and standards, the quality, quantity, features, effects and prices or other contents advertised by organizations and individuals.
4. Be entitled to denounce or file lawsuits as prescribed by law.
5. When denouncing or claiming compensation, the documents and evidence of the violations against law provisions on advertising must be provided for state management agencies, and the damage caused by the advertisements must be proved. The advertisement receiver is entitled to request the advertising service providers, advertisement publishers or advertisers to provide documents related to the advertisements.
Chapter III
ADVERTISING ACTIVITIES
Section 1. MEANS OF ADVERTISING; REQUIREMENTS OF ADVERTISING CONDITIONS AND CONTENTS
Article 17. Means of advertising
1. Newspapers
2. Websites, electronic equipment, terminal devices and other telecommunication devices.
3. Print media, audio records, video records and other technological equipment.
4. Billboards, banners, signboards, advertising screens.
5. Means of transport.
6. Fairs, seminars, conventions, events, exhibitions, sports events and cultural programs.
7. Advertisement conveyors; objects of advertisements.
8. Other means of advertising as prescribed by law.
Article 18. Words and text in advertisements
1. The advertisement content must be expressed in Vietnamese, except for the following cases:
a) Brand name, slogan, trade mark or proper name expressed in foreign languages, or internationalized words that cannot be substituted by Vietnamese;
b) Books, websites and print media permitted to be published in Vietnam’s ethnic languages, foreign languages; radio, television broadcasts in Vietnam’ ethnic languages or foreign languages.
2. Regarding advertisements that contain both Vietnamese and the foreign language, the foreign font size must not exceed three quarters of the Vietnamese text and must be placed below the Vietnamese text; on radio, TV or other audio-visual media, the Vietnamese must be spoken before the foreign text.
Article 19. Requirements for advertisement contents
1. Advertisement contents must be truthful, accurate and clear without causing damage to producers, traders and advertisement receivers.
2. The Government must specify the requirements for the advertisement contents of special products, goods and services.
Article 20. Advertising conditions
1. Having Certificates of business registration when advertising goods and services.
2. When advertising products, goods and services, the documents proving their conformity and qualification must be presented as prescribed by law.
3. Having ownership certificates or use right certificates when advertising property of which ownership certificates or use right certificates are compulsory.
4. The advertisements of special products, goods and services must satisfy the following conditions:
a) Having unexpired circulation licenses and medicine instruction sheets approved by the Ministry of Health when advertising medicines allowed to be advertised as prescribed by regulations on medicines;
b) Having cosmetics announcement sheets as prescribed by regulations on medicines when advertising cosmetics;
c) Having circulation registration certificates issued by the Ministry of Health when advertising domestic and medical chemicals, pesticides and antiseptic;
d) When advertising milk and dietary products for small children that are not specified in clause 4 Article 7 of this Law, it is compulsory to have standard certificates and food safety and hygiene certificates must be obtained regarding dietary products domestically produced, or product quality certificates issued by competent agencies of the producing countries, and circulation licenses must be obtained regarding imported dietary products.
dd) Having food hygiene, safety and quality registration certificates when advertising food and food additives in the list of compulsory food quality safety and hygiene registration, or having standard announcement dossier receipts from competent state agencies when advertising food and food additives in the list of compulsory standard announcement;
e) Having practice qualification certificates issued by the Health sector when advertising medical examination and treatment services according to regulations of law;
g) Having circulation licenses when advertising medical equipment domestically produced, or having import licenses when advertising imported medical equipment;
h) Having plant protection drugs registration certificates when advertising plant protection medicine or plant protection drug materials. Having plant quarantine certificates issued by the Ministry of Agriculture and Rural development when advertising useful organisms for plant protection;
i) Having circulation licenses and product property summary sheets when advertising veterinary medicines and equipment;
k) Having product quality certificates or written product quality announcements when advertising fertilizers, biological preparations serving farming, animal feed and biological preparations serving breeding.
5. The Government must specify the advertisement conditions for special products, goods and services depending on the actual requirements.
Section 2. ADVERTISEMENTS ON NEWSPAPERS, WEBSITES, ELECTRONIC EQUIPMENT, TERMINAL DEVICES AND OTHER TELECOMMUNICATION DEVICES
Article 21. Advertisements on newspapers
1. The advertisement area must not exceed 15% of the total area of a newspaper, or 20% of the total area of a magazine, except for advertising newspapers and magazines; the advertisement area must be distinguishable from other contents.
2. A press agency is allowed to publish advertising supplements and must send written notification to a state agency in charge of the press management in advanced at least 30 days before the first release date of the advertising supplements.
3. Each advertising supplement must be separately numbered, similar in size and issued under the primary section.
4. The first page of the advertising supplement must specify the following information:
a) Newspaper name;
b) Name and address of the press agency;
c) Text “The sale price does not include the advertising supplement".
5. The advertisements must not be put on the first cover of a magazine, or the first page of a newspaper.
Article 22. Advertisements on audio and video newspapers
1. The advertisement duration on audio newspapers and video newspapers must not exceed 10% of the total broadcast duration in a day of the broadcasting organization, except for the advertisement duration on the advertising channels or advertising programs; the advertisements must be distinguishable from other contents.
2. The advertisement duration on paid television must not exceed 5% of the total broadcast duration in a day of a broadcasting organization, except for advertising channels or advertising programs.
3. The advertisements are banned from the following programs:
a) News;
b) Live radio, television broadcasts of special political events or national anniversaries.
4. Each movie show must not be cut for advertising more than twice, each time must not exceed 05 minutes. Each entertainment show must not be cut for advertising more than four times, each time must not exceed 05 minutes.
5. The advertisements of which the primary information is displayed in the form of running text or a series of animated pictures must be put at the bottom of the screen and must not exceed 10% of the screen height and affect the main contents of the show. This form of advertising is not included in the advertisement duration of the video newspaper.
6. Audio and video newspapers agencies must obtain licenses from state agencies in charge of press management when establishing advertising channels or programs. An application for a license to establish an advertising channel or advertising program includes:
a) Written application for the license to establish the advertising channel or advertising program;
b) Opinion from the line agency;
c) Authenticated copy of the license for press activities.
7. The press agency must send an application for amendments to the license to the state agency in charge of press management when wishing to amend the contents of the license to establish the advertising channel or advertising program. The application for amendments to the license includes:
a) Written application for amendments to the license;
b) Authenticated copy of the unexpired license.
8. Procedures for issuing the license shall be followed as follows:
a) Within 30 days from the date of receipt of the valid application, the state agency in charge of press management shall consider issuing the license to establish the advertising channel or advertising program to the press agency; in case of refusal, a written reply in which reasons shall be provided is required;
b) Within 15 days from the date of receipt of the valid application, the state agency in charge of press management shall consider issuing the amended license to the press agency; in case of refusal, a written reply in which reasons shall be provided is required;
c) Within 07 days from the date on which the license to establish the advertising channel or advertising program or the amended license is issued, the licensing agency must send the copy of the issued license to the state agency in charge of advertising management and the People’s Committee of central-affiliated city or province (hereinafter referred to as “provincial People’s Committee”) where the press agency is headquartered in order to cooperate in the management.
Article 23. Advertisements on electronic newspapers and websites
1. The advertisements on electronic newspapers shall comply with the following regulations:
a) The advertisements must not be designed and placed among the news;
b) The unfixed advertisements must be designed so that the readers may actively activate or inactivate the advertisements. The maximum activation latency of the advertisements is 1.5 second.
2. The advertisements on the websites of state agencies shall comply with clause 1 this Article.
3. The advertisements on the websites of foreign organizations and individuals doing multi-national advertising that earn incomes from advertising in Vietnam shall comply with this Law and other relevant laws.
4. The Government shall elaborate clause 3 of this Article.
Article 24. Advertisements on electronic equipment, terminal devices and other telecommunication devices
1. Advertising by sending text messages or advertising emails:
a) Organizations and individuals are only allowed to send text messages and advertising emails after obtaining the consent from receivers;
b) Electronic information and telecommunication service providers are only allowed to send text messages and advertising emails about their services via telephones from 7.AM to 10.PM. It is prohibited to send more than 3 advertising text messages to a telephone number, more than 3 emails to an email address within 24 hours, unless otherwise agreed by the receivers;
c) Advertising organizations and individuals must ensure that the receivers are able to refuse advertisements and must immediately stop sending the advertising emails and messages when the receivers notify their refusal. The refusal notification from the receivers must not be charged.
2. Other forms of advertisements on other telecommunication devices, electronic devices and terminal devices shall comply with this Law and other relevant laws.
Section 3. ADVERTISEMENTS ON PRINT MEDIA, AUDIO RECORDS, VIDEO RECORDS AND OTHER TECHNOLOGICAL EQUIPMENT
Article 25. Advertisements on print media
1. Regarding books and documents in forms of books, the advertisements for the authors, the writings and the publishers must only be placed on the second, third and fourth cover, except for advertising books.
2. Regarding non-business documents, only the advertisements for the author, the writing or the symbol, logo, brand name, products, services and activities of the organizations and individuals allowed to publish such documents are permitted.
3. The advertisements on pictures, posters, catalogues, fliers and leaflets for political, economic, cultural, social, scientific, technological, literature and artistic propagation and dissemination must not exceed 20% area of the item.
The symbol, logo and brand name of the advertiser must be put at the bottom of the print product.
4. Advertisements are banned from print products that are money or valuable papers, certificates and state management documents.
5. The advertisements on pictures, posters, catalogues, fliers, leaflets and other print products that are not prescribed in clause 3 and clause 4 this Article must contain names and addresses of organizations and individuals providing advertising services or the advertisers, the print quantity and print location.
Article 26. Advertisements on audio and video records
The advertisement duration on an audio or video record of a program on culture, art, movie, or audio, video record being book substitute or book illustration must not exceed 5% of the program duration.
Section 4. ADVERTISEMENTS ON BILLBOARDS, BANNERS, SIGNBOARDS, ADVERTISING SCREENS AND MEANS OF TRANSPORT
Article 27. Advertisements on billboards and banners
1. The positions of billboards and banners must comply with regulations on cultural and historical relic protection area, safe traffic corridor, dykes and national electric network; must not block out the traffic lights and public road signs; must not cross the roads and must comply with the local advertising planning and technical regulations promulgated by competent agencies.
2. The advertisements on the billboards and banners shall specify the names and addresses of their makers.
3. The advertisements on billboards and banners that contain the contents of political and social policy propagation shall comply with the following regulations:
a) The symbols, logos and brand names of the advertisers must be put at the bottom of the billboards and vertical banners, or on the right of the horizontal banners;
b) The area for displaying the symbols, logos and brand names of the advertisers must not exceed 20% of the billboard and banner area.
4. The time limit for putting up a banner is 15 days.
Article 28. Advertisements on advertising screens
1. The positions of advertising screens shall comply with this Law, other relevant laws and the local outdoor advertising planning.
2. Sounds must not be used in advertisements on outdoor advertising screens.
3. Sounds may be used in the advertisements on screens other than those specified in clause 2 this Article in accordance with the law on environment.
Article 29. Dossiers on notification of advertisements on billboards/banners
1. Written notification of billboard/banner advertisement, specifying the contents, time and place of advertisements, the quantity of billboards/banners.
2. Copy of the Certificate of business registration of an advertising service provider or Certificate of business registration of an advertiser in case of self-advertising.
3. Copies of documents proving the conformity and qualifications of products, goods and services as prescribed by law, or papers proving the eligibility for advertising as prescribed in Article 20 of this Law.
4. Copies of event documents provided by an organizer for advertisements of social policies and events.
5. Color design marquette of the advertisements with the signature of the advertising service provider or the advertiser in case of self-advertising. In case the advertiser or the advertising service provider is an organization, the seal of the organization is required.
6. Document proving the ownership or the right to use the billboard; the ownership or the right to use the advertising location for the banner.
7. Perspective drawing of the billboard location.
8. Copy of a license to build any advertising construction regarding the billboard of which the construction license is required as prescribed in clause 2 Article 31 of this Law.
Article 30. Procedures for notifying advertisements on billboards or banners
1. Any organization/individual wishing to advertise on a billboard or banner shall send a dossier on advertisement notification to a local competent agency in charge of advertising management before the advertisement 15 days.
2. If there is no response within 05 working days from the date on which the local competent agency in charge of advertising management confirms the dossier reception, the organization or individual is entitled to perform the notified advertisement. In case the local competent agency in charge of advertising management does not grant approval, the written response specifying the reasons must be sent.
Article 31. Licensing advertising constructions
1. The construction of outdoor advertising screens, signboards, independent billboards or those attached to existing constructions shall comply with this Law, other relevant laws and the local outdoor advertising planning.
2. The construction of an outdoor advertising screen, a signboard, an independent billboard or a billboard attached to an existing construction shall be issued with a construction license by the local competent agency in charge of construction in the following cases:
a) Building the outdoor advertising screen with 20 m2 of one side or above;
b) Building the signboard or the billboard with over 20 m2 of one side with metal structure or another similar material and attached to the existing construction;
c) Building the independent billboard with 40 m2 one side or above.
3. An application for an advertising construction license includes:
a) Written application for the advertising construction license;
b) Copy of the Certificate of business registration of the organization or individual applying for the advertising construction license;
c) Authenticated copy of one of the following documents: land use right certificate, written agreement or contract for land lease as prescribed by regulations of law on land regarding any independent advertising construction; location lease contract between the investor in the advertising construction and the owner, or the legal owner of the advertising construction attached to the existing construction, or the written bid winning notice for any advertising location subject to compulsory bidding in the planning;
d) Regarding an advertising construction attached to another existing construction, written agreement or contract between the investor in the advertising construction and the owner or the person authorized to manage the existing construction;
dd) Design drawing provided by a legal design organization and demonstrating the isometric surface, cross section, orthographic projections and the foundation projection of the construction together with the signature and seal of the advertising construction investor. With regard to the advertising construction attached to another existing construction, the design drawing must demonstrate the connection between the advertising construction and the existing construction.
4. Procedures for issuing the advertising construction license shall be followed as follows:
a) The organization or individual applying for the advertising construction license shall submit the application at the local competent agency in charge of construction;
b) Regarding the advertising location within the advertising planning approved by the provincial People’s Committee, the local competent agency in charge of construction shall issue the advertising construction license within 15 days from the date of receipt of the valid application. In case of refusal to issue the license, a written reply stating reasons shall be provided.
c) In case the advertising planning has not yet been approved, the local competent agency in charge of construction shall send a written request for the opinion from each relevant agency within 02 working days from the date of receipt of the valid application. Within 05 working days from the date of receipt of the written request for opinion from the local competent agency in charge of construction, each relevant agency stated above shall send written response to the local competent agency in charge of construction. Within 13 days from the date of receipt of the opinion from the relevant agency stated above, the local competent agency in charge of construction shall issue the advertising construction license. In case of refusal to issue the license, a written reply stating reasons shall be provided.
Article 32. Advertisements on means of transport
1. Advertisements on means of transport shall comply with this Law and the law on traffic.
2. The advertisements must not be displayed on the front, the back and the roof of the vehicle. The advertisement area must not exceed 50% area of each permissible side of the vehicle. The display of symbols or logos of the vehicle owners or the car corporations shall comply with the law on traffic.
Article 33. Advertisements using loudspeakers and similar forms
1. The advertisements using loudspeakers and similar forms at a fixed location must comply with the following regulations:
a) The noise level must not exceed the acceptable level as prescribed by the law on environment;
b) It is prohibited to advertise at armed force units, schools and hospitals;
c) It is prohibited to advertise on the radiobroadcast system serving the political duties of the commune, district or town.
2. It is prohibited to advertise by loudspeakers attached to means of transport and other movable means in urban areas.
Article 34. Signboards of organizations and individuals engaged in business and production
1. A signboard shall include the following contents:
a) Name of the direct line agency (if any);
b) Name of the production facility or the business establishment consistent with the Certificate of business registration;
c) Address and phone number.
2. The text on the signboard shall comply with Article 18 of this Law.
3. The signboard size is specified as follows:
a) For a horizontal signboard, the maximum height is 02 meters (m), the length must not exceed the width of the house front;
b) For a vertical signboard, the maximum width is 01 meter (m), the maximum height is 04 meters (m) but must not exceed the height of the floor where the signboard is located.
4. The signboard must not block the emergency exit and fire fighting space, must not violate the pavement, the road or affect the public traffic.
5. The signboard location shall comply with this Law and technical regulations promulgated by the competent agency.
Section 5. ADVERTISEMENTS IN SPORTS EVENTS AND CULTURAL PROGRAMS, CONVENTIONS, SEMINARS, FAIRS, EXHIBITIONS, EVENTS, ADVERTISING PERFORMER TEAMS, OBJECTS OF ADVERTISEMENTS
Article 35. Advertisements in sports events and cultural programs
1. The advertisements in sports events and cultural programs must comply with laws on art and sports.
2. The advertisement must not be put at the same height or higher than the program symbol, logo or name; the font size on the advertisement must not exceed one half of the font size of the program name.
3. The advertisements on stage must ensure the scenery and must not block the audience’s vision.
4. The advertisements in stadiums and places where sports events take place must not block out the National flag, the National emblem, the leader pictures, the stadium displays and the audiences’ vision; must not affect the training, competitions and demonstration of the athletes, the trainers’ instructions and the performance of the organizers, referees, guides, medics and other attendants.
Article 36. Advertising performer teams, conventions, seminars, fairs, exhibitions, events, objects of advertisements
1. The advertising performer team shall comply with the following regulations:
a) The advertising performer team is a team, including 3 people or above that wear costumes or carry pictures and items showing the advertisements at a fixed place or travel down the street;
b) The advertising performer team shall ensure the traffic safety and social order; observe the law on advertising and other relevant laws;
c) The organization or individual holding advertising performer teams shall notify the local competent agency in charge of advertising management of the contents and forms of the advertisements, the quantity of people in the event, the time and route at least 15 days before the advertisement.
Within 15 days from the date of receipt of the notification, if the local competent agency in charge of advertising management does not grant approval, the written response specifying the reasons shall be sent. If there is no response after the time limit above, the organization or individual is entitled to perform the notified advertisements.
2. Seminars, conventions, events, exhibitions, advertisement conveyors, objects of advertisements and other means of advertising shall comply with this Law and other relevant laws, and ensure the urban scenery, landscape, traffic safety and social order.
Section 6. OUTDOOR ADVERTISING PLANNING
Article 37. Contents and principles of outdoor advertising planning
1. The outdoor advertising planning shall specify the location, design, size, material and quantity of the means of advertising on the national roads, provincial roads, district roads and means of advertising in urban areas.
2. The development outdoor advertising planning shall comply with the following principles:
a) Complying with laws on advertising, construction, traffic and other relevant laws;
b) Complying the planning according to the law on urban and rural planning[4], ensuring the urban scenery, traffic safety and social order;
c) Ensuring the stability, transparency and feasibility;
d) Ensuring the unanimity and harmony among the local areas at the intersection on national and provincial roads;
dd) Prioritizing the advertising locations consistent with the existing planning; if the adjustment of the planning causes damage to organizations and individuals, the planning approval agency is responsible for compensation as prescribed by law;
e) Obtaining the opinion from organizations and individuals participating in the advertising activities and from the people.
3. The Government shall elaborate dossiers and procedures for developing, approving, implementing and adjusting the advertising planning.
Article 38. Responsibilities for developing and directing the implementation of outdoor advertising planning
1. The provincial People’s Committee is responsible for:
a) Developing and approving the local outdoor advertising planning within 12 months as from this Law takes effect;
b) Adjusting the advertising planning periodically in accordance with the local development;
c) Posting the planning documents and drawing at the head offices of People’s Committees at all levels and announcing them on local means of mass media;
d) Providing guidance, expediting and inspecting the implementation of the outdoor advertising planning.
2. The Ministry of Construction is responsible for:
a) Promulgating technical regulations on outdoor means of advertising within 06 months as from this Law takes effect;
b) Cooperating with the Ministry of Culture, Sports and Tourism, the Ministry of Transport and relevant Ministries to instruct local authorities to develop their advertising planning under technical regulations promulgated by the Ministry of Construction.
Chapter IV
ADVERTISEMENTS INVOLVING FOREIGN ELEMENTS
Article 39. Advertisements of foreign organizations and individuals in Vietnam
1. Foreign organizations and individuals operating in Vietnam are entitled to advertise their products, goods, services and operation in Vietnam as prescribed in this Law.
2. Foreign organizations and individuals not operating in Vietnam and wishing to advertise their products, goods, services and operation in Vietnam shall hire advertising service providers in Vietnam.
Article 40. Foreign investment and cooperation in advertising
1. Foreign organizations and individuals are allowed to cooperate with Vietnamese advertising service providers in forms of joint ventures or business association contracts.
2. The foreign investment and cooperation in advertising shall comply with the law on investment.
Article 41. Representative offices of foreign advertising enterprises in Vietnam
1. Foreign advertising enterprises are entitled to establish representative offices in Vietnam.
2. The representative offices are allowed to operate after obtaining licenses from the provincial People’s Committees where the foreign enterprises request the establishment of the representative offices.
3. The representative offices are only allowed to promote advertising and must not directly provide advertising services.
4. The Government shall specify authority, dossiers and procedures for licensing the establishment of representative offices of foreign advertising enterprises in Vietnam.
Chapter V
IMPLEMENTATION CLAUSE[5]
Article 42. Entry into force
This Decree enters into force from January 01, 2013.
The Ordinance on Advertising No. 39/2001/PL-UBTVQH10 dated November 16, 2011 ceases to have effect from this Law takes effect.
Article 43. Elaboration and guidelines for implementation
The Government and competent agencies shall elaborate and provide guidelines for the implementation of articles and clauses in this Law as assigned./.
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