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ORDINANCE
ON
ADVERTISING
In order to improve the efficiency of State administration of
advertising; to protect the lawful rights and interests of
consumers, organizations and individuals in advertising activities;
and to contribute to the socio-economic development of the country;
Pursuant to the 1992 Constitution of the Socialist Republic of
Vietnam;
Pursuant to the Resolution of Legislature X at its 8th Session on
the program for formulation of laws and ordinances in 2001;
This Ordinance makes provisions on advertising.
CHAPTER 1
General Provisions
Article 1 Governing scope and applicable subjects
1. This Ordinance governs advertising activities and stipulates the
rights and obligations of organizations and individuals in
advertising activities.
2. This Ordinance shall apply to Vietnamese and foreign
organizations and individuals conducting advertising activities in
the territory of Vietnam.
Where an international treaty to which the Socialist Republic of
Vietnam is a signatory or participant contains different provisions,
the provisions of such treaty shall apply.
Article 2 Right of organizations and individuals to advertise
Organizations and individuals shall have the right to advertise
directly their business activities and their goods and services, or
to hire an organization or individual conducting the business of
advertising services to advertise for them.
Article 3 State policy on advertising activities
1. The State shall protect the legal rights and interest of
advertisers, of persons conducting the business of advertising
services, of persons distributing advertisements, and of consumers.
2. The State shall create favourable conditions for persons
conducting the business of advertising services and for persons
distributing advertisements to develop and diversify all types of
advertising to increase quality, thereby contributing to the
socio-economic development of the country.
3. The State shall encourage Vietnamese residing overseas and
foreign organizations and individuals to engage in business
co-operation and to invest in the development of advertising
services in Vietnam.
Article 4 Definition of terms
In this Ordinance, the following terms shall have the meanings
ascribed to them hereunder:
1. Advertising means introducing business activities and goods and
services to consumers, including services with a profit-making
objective and services without a profit-making objective.
Profit-making services means services aimed at generating profit for
the organization or individual providing them.
Non-profit making services means services not aimed at generating
profit for the organization or individual providing them.
2. Advertiser means an organization or individual with a requirement
to advertise its business activities, goods or services.
3. Advertising product means a product expressing the contents and
form of an advertisement.
4. Advertising distributor means any organization or individual
distributing an advertising product to consumers, including press
bodies, publishers, organizations managing computer information
networks, persons organizing cultural or sporting programs and fairs
or exhibitions, and organizations or individuals using other
advertising means.
5. Promotion of advertising means the activity of seeking and
advancing opportunities to enter contracts for advertising services
and for the provision of advertising services.
6. Person conducting business of advertising services means any
organization or individual undertaking one, a number, or all of the
work stages of the process of advertising activities for
profit-making purposes.
Article 5 Acts strictly prohibited in advertising activities
1. Advertising which discloses State secrets, or which harms
national independence and sovereignty, defence and security or the
safety of society;
2. Advertising which is contrary to the traditions, history,
culture, ethics or fine customs of the Vietnamese people;
3. Using the national flag, the flag of the Party, the national
emblem, the national anthem or its melody, portraits of leaders or
of Vietnamese dong, images of traffic signals or traffic notices for
advertising;
4. Misleading advertising;
5. Advertising which has an adverse effect on urban beauty,
landscape and environment, and traffic order and safety;
6. Taking advantage of advertising to offend the honour and
reputation of, or to infringe the lawful rights and interests of
organizations and individuals;
7. Advertising products or goods which are not yet permitted to be
circulated or services which are not yet permitted to be provided at
the time of the advertisement;
8. Advertising goods and services which the law prohibits to be
traded or advertised.
CHAPTER 2
Advertising Activities
Article 6 Contents of advertisements
1. The contents of advertisements shall include information
advertising business activities, goods or services.
2. Information advertising business activities, goods and services
must be true, accurate and clear, and must not cause loss and damage
to producers, business persons and consumers.
Article 7 Forms of advertisements
1. A form of advertisement means the expression of an advertising
product by spoken language, written language, signs, appearances,
colours, lights, photographs, actions, sounds or other forms.
2. Forms of advertisement must be clear, easily comprehensible and
aesthetically pleasing.
3. Forms of advertisement must include signs which distinguish the
advertised information from information which is not an
advertisement in order not to confuse producers, business persons
and consumers.
Article 8 Language of spoken and written advertisements
1. The spoken or written text of an advertisement must be in
Vietnamese, except in the case of:
(a) Words which have become internationally known, commercial names,
or words which are unable to be translated into Vietnamese;
(b) Advertisements in books, newspapers or printed matter which have
been licensed to be published in the languages of ethnic minorities
in Vietnam or in foreign languages; radio and television programs in
the languages of ethnic minorities in Vietnam or in foreign
languages.
2. Where a single advertising product uses the Vietnamese language
and a language of an ethnic minority in Vietnam and a foreign
language, the Vietnamese language must be read first, followed by
the language of the ethnic minority followed by the foreign
language; and the size of the text of the language of the ethnic
minority and of the foreign language must not be larger than the
Vietnamese text.
Article 9 Advertising media
Advertising media shall comprise:
1. Media, including printed papers, spoken media, visual media and
electronic media;
2. Computer information networks;
3. Publications, including films, photos, videos, picture disks,
sound videos, sound disks;
4. Programs of cultural and sporting events;
5. Fairs and exhibitions;
6. Billboards, placards, panels, banners and screens placed in
public places;
7. Objects which radiate or appear in the air or underwater;
8. Means of transportation and other mobile objects;
9. Goods;
10. Other advertising media in accordance with the provisions of the
law.
Article 10 Advertisements in the media
1. The area covered by advertisements in printed papers must not
exceed ten (10) per cent, except in specialized advertising
newspapers; the period of exposure of one advertising product must
not exceed five days in the case of a daily newspaper, or five
consecutive issues in the case of a periodical; the interval between
two rounds of the one advertisement must be at least five days in
the case of a daily newspaper, or four consecutive issues in the
case of a periodical; business activities or goods and services must
not be advertised on the front cover or on the first page.
2. The period of exposure for advertisements on spoken media must
not exceed five per cent of the duration of a program, except on
specialized advertising channels; the period of broadcast of one
advertising product must not exceed eight days, except in special
cases stipulated by the Government, and must not exceed ten (10)
times in one day; the interval between two rounds of the one
advertisement must be at least five days; and there must not be any
advertising immediately after signature tunes or on current affairs
programs.
3. The period of exposure for advertisements on visual media must
not exceed five per cent of the duration of a program, except on
specialized advertising channels; the period of transmission of one
advertising product must not exceed eight days, except in special
cases stipulated by the Government, and must not exceed ten (10)
times in one day; the interval between two rounds of the one
advertisement must be at least five days; and there must not be any
advertising immediately after signature tunes or on current affairs
programs.
4. The provisions applicable to advertisements on electronic media
shall be the same as for spoken media as stipulated in clause 2
above.
Article 11 Advertisements on computer information networks
Advertising on computer information networks must be conducted
correctly in accordance with the laws on advertising, accessing
services, connecting services and provision of all types of
advertising services on computer information networks; and technical
and professional regulations must be implemented to protect State
secrets.
Article 12 Advertisements in publications
Advertising in publications must be conducted in accordance with the
following provisions:
1. Only advertising products which assist study may appear on the
covers of exercise books;
2. The period of exposure for advertisements on videos, picture
disks, sound videos, sound disks and other information-recording
media must not exceed five per cent of the duration of the program;
3. Business activities and goods and services may not be advertised
on the front cover of books, and advertisements may not appear in
textbooks, teaching materials or political works;
4. Other provisions of the law on publications and the provisions of
this Ordinance.
Article 13 Advertisements in cultural or sporting programs
and at fairs and exhibitions
Advertising in cultural or sporting programs and at fairs and
exhibitions must be conducted in accordance with the laws on
artistic performances, sports, fairs and exhibitions and the
provisions of this Ordinance.
Article 14 Advertisements in other media
Advertisements in the media referred to in clauses 6, 7, 8 and 10 of
article 9 of this Ordinance must comply with the laws on advertising
and on rural and urban planning, and must ensure urban beauty,
landscape and environment, traffic order and safety, and the safety
of society.
Article 15 Conditions applicable to advertising business
activities, goods and services
1. The conditions for advertising applicable to business activities,
goods and services shall be as follows:
(a) There must be a certificate of goods quality from the State
management body for goods quality in order to advertise goods which
are on the list requiring quality inspection or the list requiring a
certificate of quality; where an entity declares its own goods
quality criteria, there must be a letter of such declaration; if
goods are the subject of intellectual property rights, there must be
a certificate relating to such;
(b) If the law requires property ownership to be registered, there
must be a certificate of ownership of the property prior to it being
advertised;
(c) There must be a business registration certificate prior to
business activities, goods and services being advertised;
(d) There must be a permit to conduct the advertisement issued by
the competent State administration body for culture and information
prior to advertising on computer information networks, billboards,
placards, panels, banners and screens placed in public places, on
objects which radiate or appear in the air or underwater, on means
of transportation or on other mobile objects.
2. An advertiser must present the documents stipulated in clause 1
of this article to the person conducting the business of advertising
services or to the advertising distributor; the person conducting
the business of advertising services must present the documents
stipulated in clause 1 of this article to the advertising
distributor.
Article 16 Authority and procedures for issuance of permits
to conduct advertisements
1. The Ministry of Culture and Information shall issue permits to
conduct advertisements on specialized computer information networks,
radio channels and programs, television channels and programs,
advertising programs, and for specialized advertising supplements
and supplementary advertising issues.
2. Departments of Culture and Information shall issue permits to
conduct advertisements on billboards, placards, panels, banners and
screens placed in public places, on objects which radiate or appear
in the air or underwater, on means of transportation or on other
mobile objects.
3. The Ministry of Culture and Information shall promulgate specific
regulations on issuance of permits to conduct advertisements.
Article 17 Contracts for advertising services
Hiring of advertising services must be implemented by way of a
written contract for advertising services with the following
contents:
1. Names and addresses of parties to the contract;
2. Form, contents, media, advertising product;
3. Duration, location and scope of advertisement;
4. Cost of services and other related fees and means of payment;
5. Rights and obligations of the parties;
6. Liability for breach of contract;
7. Other contents as agreed by the parties.
CHAPTER 3
Advertising Activities with a Foreign Element
Article 18 Advertisements of foreign organizations and
individuals
1. Foreign organizations and individuals operating in Vietnam may
directly advertise their business activities and their goods and
services, or hire a Vietnamese person conducting the business of
advertising services or a Vietnamese advertising distributor to
conduct their advertising for them.
2. Foreign organizations and individuals not operating in Vietnam
and wishing to advertise their business activities or their goods
and services in Vietnam must hire a Vietnamese person conducting the
business of advertising services or a Vietnamese advertising
distributor to conduct their advertising for them.
Article 19 Advertising representative offices
A representative office in Vietnam of a foreign organization or
individual conducting advertising business services in Vietnam may
only operate upon issuance of a licence to open a representative
office from the competent State body, and may only promote
advertising and not directly conduct advertising business services.
Article 20 Advertising branches
Foreign organizations and individuals conducting advertising
business services may open a branch in Vietnam in order to conduct
advertising business services.
The Government shall promulgate specific regulations on the
establishment and operations of foreign advertising branches in
Vietnam.
Article 21 Co-operation and investment in advertising
activities
Vietnamese organizations and individuals conducting advertising
business services shall be entitled to co-operate and invest in
advertising activities with foreign organizations and individuals in
accordance with law.
Article 22 Advertising abroad
Vietnamese organizations and individuals shall be entitled to
advertise their business activities and their goods and services
abroad in accordance with law.
CHAPTER 4
Rights and Obligations of Organizations and Individuals
Conducting Advertising
Article 23 Rights and obligations of advertisers
1. Advertisers shall have the following rights:
(a) To advertise their own business activities, goods and services;
(b) To select a person conducting the business of advertising
services or an advertising distributor, and the media and form of an
advertisement;
(c) To register protection of intellectual property rights with
respect to their own advertising products;
(d) Other rights in accordance with law.
2. Advertisers shall have the following obligations:
(a) To advertise in accordance with the contents of their business
registration certificate;
(b) To ensure the contents of advertisements are true and accurate;
(c) To discharge their contractual obligations;
(d) To discharge other obligations in accordance with law.
Article 24 Rights and obligations of persons conducting
business of advertising services
1. Persons conducting the business of advertising services shall
have the following rights:
(a) To select the business form and sector of their advertising
services;
(b) To require an advertiser to provide true and accurate
information in relation to the contents of an advertisement;
(c) To register protection of intellectual property rights with
respect to their own advertising products;
(d) To engage in business co-operation with organizations and
individuals in advertising activities;
(dd) To participate in domestic and foreign advertising
associations;
(e) Other rights in accordance with law.
2. Persons conducting the business of advertising services shall
have the following obligations:
(a) To implement strictly the provisions of their business
registration certificate;
(b) To implement strictly the provisions of the law on advertising;
(c) To discharge the obligations in contracts for advertising
services which they enter into;
(d) To pay compensation for loss and damage they cause;
(dd) To discharge other obligations in accordance with law.
Article 25 Rights and obligations of advertising distributors
1. Advertising distributors shall be entitled to advertise on their
own media and to collect fees for services of distributing
advertisements in accordance with law.
2. Advertising distributors shall have the following obligations:
(a) To comply with the laws on media, publications, management of
computer information networks, programs of cultural and sporting
events, fairs and exhibitions and the provisions of this Ordinance
while using the media, publications, computer information networks,
programs of cultural and sporting events, fairs and exhibitions, and
other advertising media to advertise;
(b) To fulfil contracts for distributing advertisements which they
enter into with advertisers or persons conducting the business of
advertising services;
(c) To pay compensation for loss and damage they cause;
(d) To discharge other obligations in accordance with law.
Article 26 Rights and obligations of persons hiring out
advertising media
1. Persons hiring out advertising media shall have the following
rights:
(a) To select advertisers or persons conducting the business of
advertising services;
(b) To collect fees for hiring out advertising media in accordance
with agreements in contracts;
(c) Other rights while hiring out advertising media in accordance
with law.
2. Persons hiring out advertising media shall have the following
obligations:
(a) To discharge correctly their obligations in contracts for hiring
out advertising media which they enter into;
(b) To pay compensation for loss and damage they cause;
(c) To discharge other obligations while hiring out advertising
media in accordance with law.
Article 27 Advertising taxes, fees and charges
Advertisers, persons conducting the business of advertising
services, advertising distributors, and persons hiring out
advertising media shall be obliged to pay taxes, fees and charges in
accordance with law.
CHAPTER 5
State Administration of Advertising
Article 28 Contents of State administration of advertising
State administration of advertising shall comprise the following
matters:
1. Formulation of, and directing implementation of master planning,
specific plans and policies for the development of advertising;
2. Promulgation of legal instruments on advertising and organizing
their implementation;
3. Issuing and revoking advertising permits and licences for opening
advertising representative offices and branches of foreign
organizations and individuals conducting the business of advertising
services in Vietnam;
4. Organizing and managing the work of training, research, applied
science and technology in the advertising sector;
5. Undertaking international co-operation in advertising;
6. Conducting inspections and checks, resolving complaints and
denunciations, and dealing with breaches of the law on advertising.
Article 29 State administration bodies for advertising
1. The Government shall uniformly exercise State administration of
advertising.
2. The Ministry of Culture and Information shall be responsible
before the Government to carry out State administration of
advertising.
3. The Ministry of Trade, ministries, ministerial equivalent bodies
and Government bodies shall, within the scope of their respective
duties and powers, be responsible to co-operate with the Ministry of
Culture and Information to carry out State administration of
advertising.
4. People's committees at all levels shall, within the scope of
their respective duties and powers, carry out State administration
of advertising within their respective localities in accordance with
the powers delegated to them by the Government.
Article 30 Inspectorate for advertising
The State Inspectorate for Culture and Information shall exercise
the function of inspectorate for the specialized advertising branch.
The Government shall promulgate regulations on the specific duties
of the State Inspectorate for Culture and Information - Specialist
Advertising Branch.
Article 31 Complaints and denunciations and their resolution
1. Organizations and individuals shall have the right to lodge
complaints; and individuals shall have the right to denounce conduct
in breach of the law on advertising.
2. Organizations and individuals authorized to receive complaints
and denunciations shall be responsible for resolving them in
accordance with the law on complaints and denunciations.
CHAPTER 6
Commendations and Rewards, Dealing with Breaches
Article 32 Commendations and rewards
Organizations and individuals having notable achievements in
advertising activities shall be commended and rewarded in accordance
with law.
Article 33 Dealing with breaches
1. Any person in breach of the law on advertising shall, depending
on the nature and seriousness of the breach, be subject to
administrative penalty or criminal prosecution; and if such breach
causes loss, shall be liable to pay compensation in accordance with
law.
2. Any person who takes advantage of his or her position or power to
breach the provisions on issuance or revocation of advertising
permits, or who impedes the lawful advertising activities of any
organization or individual, or who harasses for bribes or otherwise
breaches the provisions of this Ordinance or other relevant
provisions of the law shall, depending on the nature and seriousness
of the breach, be disciplined or be subject to criminal prosecution;
and if such breach causes loss, shall be liable to pay compensation
in accordance with law.
CHAPTER 7
Implementing Provisions
Article 34 Effectiveness
1. This Ordinance shall be of full force and effect as of 1 May
2002.
2. Any previous provisions which are inconsistent with this
Ordinance are hereby repealed.
Article 35 Implementing guidelines
The Government shall provide detailed regulations and guidelines for
implementation of this Ordinance.
For the Standing Committee of the National Assembly
Chairman
NGUYEN VAN AN
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