Decree No. 181/2013/ND-CP dated November 14, 2013 of the Government detailing a number of articles of the Law on Advertising

THE GOVERNMENT

Decree No. 181/2013/ND-CP of November 14, 2013, detailing a number of articles of the Law on Advertising

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 21, 2012 Law on Advertising;

At the proposal of the Minister of Culture, Sports and Tourism,

The Government promulgates the Decree detailing a number of articles of the Law on Advertising.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details the implementation of a number of articles of the Law on Advertising regarding advertising contents on special products, goods and services; advertising on websites of foreign organizations and individuals providing cross-border advertising services that earn advertising revenues in Vietnam; outdoor advertising planning; representative offices of foreign advertising businesses in Vietnam, and assignment of state management responsibilities for advertising.

Article 2. Subjects of application

This Decree applies to Vietnamese organizations and individuals and foreign organizations and individuals engaged in advertising activities in the territory of Vietnam.

Chapter II

ADVERTISING CONTENTS OF SPECIAL PRODUCTS, GOODS AND SERVICES

Article 3. Drug advertising

1. Advertising of a drug must conform with the following documents:

a/ The permit for circulation of the drug in Vietnam;

b/ The package insert approved by the Ministry of Health;

c/ The thesis on the drug already recorded in the National Pharmacopoeia, or in documents on the drug approved by competent authorities of the country of manufacture.

2. Advertising of a drug must include the following information:

a/ Name of the drug as specified in the decision on the circulation registration number of the drug in Vietnam;

b/ Names of active ingredients:

For a western drug: To use its international nomenclature;

For an herbal medicament: To use its Vietnamese name. In case the Vietnamese name is unavailable, to use the original name as used in the country of origin, and the Latin name.

c/ Indications of the drug;

d/ Contraindications or warnings for special users such as pregnant women, breastfeeding women, elderly people, children, or sufferers of chronic diseases;

dd/ Name and address of the organization or person responsible for marketing the product;

e/ The phrase “Read instructions carefully before use”.

3. The information specified at Points a, b and e, Clause 2 of this Article must be read out clearly for radio or television advertisements. For a drug with 3 or more active ingredients, depending on the length of the broadcasting time, the name of the principal active ingredient or common names of vitamins, minerals and materia medica may be read.

4. Advertisements on outdoor advertising media must include the information specified at Points a, b, dd and e, Clause 2 of this Article.

5. Indications which must not be included in drug advertisements:

a/ Treatment of tuberculosis and leprosy;

b/ Treatment of sexually transmitted diseases;

c/ Treatment of chronic insomnia;

d/ Of aphrodisiac nature;

dd/ Treatment of cancer and tumor;

e/ Treatment of diabetes or similar metabolic disorders.

6. Information and images prohibited in drug advertising include:

a/ Images of patients;

b/ Charts on drug effects which have not been studied and assessed;

c/ Images and names of doctors introducing drugs.

Article 4. Cosmetic advertising

1. Advertising of a cosmetic must conform with the following documents:

a/ The cosmetic product announcement sheet as prescribed by the pharmacy law;

b/ Documents proving the safety and effects of the cosmetic and compliance with international associations’ guidance on announcement of uses of cosmetic products (if any).

2. Advertising of a cosmetic must include the following information:

a/ Name of the cosmetic;

b/ Uses and effects of the cosmetic;

c/ Name and address of the organization or person responsible for marketing the product;

d/ Warnings under international agreements.

3. Advertising of a cosmetic must not mislead that such product is a drug.

4. The information specified at Points a, b and d, Clause 2 of this Article must be read out clearly for radio or television advertisements on cosmetics.

Article 5. Advertising of food and food additives

1. Advertising of a food or food additive must conform with the receipt of the regulation conformity announcement, or with the certificate of conformity with food safety regulations.

2. Advertising of a food or food additive must include the following information:

a/ Name of the food or food additive;

b/ Name and address of the organization or person responsible for marketing the product.

3. Advertising of a functional food must comply with Clause 2 of this Article, and include the following information:

a/ Primary effect and side effects (if any);

b/ The phrase “This product is not a medicine and cannot substitute medicine”.

4. Advertising of a functional food must not mislead that such product is a drug.

5.  The information specified at Point a, Clause 2 and Clause 3 of this Article must be read out clearly for radio or television advertisements on functional food.

Article 6. Advertising of chemicals, insecticidal and germicidal preparations for domestic and medical use

1. Advertising of an insecticide or a germicide for domestic or medical use must conform with the circulation registration certificate granted by the Ministry of Health.

2. Advertising of an insecticide or a germicide for domestic or medical use must include the following information:

a/ Name of the insecticide or germicide for domestic or medical use;

b/ Uses and effects of the insecticide or germicide;

c/ Name and address of the organization or person responsible for marketing the product;

d/ The phrase “Read instructions carefully before use” or “Limit the use of products containing chemicals on the list of chemicals restricted from use”.

3. The information specified at Points a, b and d, Clause 2 of this Article must be read out clearly for radio or television advertisements on insecticides or germicides for domestic or medical use.

Article 7. Advertising of medical equipment

1. Advertising of a domestic or an imported medical equipment must conform with the certificate of free sale or the import permit.

2. Advertising of a medical equipment must include the following information:

a/ Name and type of the equipment, the manufacturer and country of manufacture;

b/ Properties, uses, use instructions, and preservation conditions (if any);

c/ Name and address of the organization or person responsible for marketing the product.

Article 8. Advertising of dairy products and supplementary nutrient products for children

1. Advertising of dairy products or supplementary nutrient products for children must conform with the receipts of regulation conformity announcements, or with the certificates of conformity with food safety regulations.

2. Advertising of a dairy or supplementary nutrient product for children must include the following information:

a/ Name of the product;

b/ Name and address of the organization or person responsible for marketing the product.

Article 9. Advertising of medical examination and treatment services

1. Advertising of medical examination and treatment services must conform with medical examination and treatment licenses, for medical examination and treatment establishments, or with medical examination and treatment practice certificates, for medical examination and treatment practitioners.

2. Advertising of medical examination and treatment services must include the following information:

a/ Name and address of the licensed medical examination and treatment establishment;

b/ Scope of principal technical operations indicated in the operation license or practice certificate granted by a competent health agency.

Article 10. Advertising of plant protection drugs and their materials and supplies, beneficial organisms for plant protection, veterinary drugs and supplies

1. Advertising of plant protection drugs and their materials and supplies must conform with plant protection drug registration certificates.

2. Advertising of beneficial organisms for plant protection must conform with their plant quarantine permits.

3. Advertising of veterinary drugs and supplies must conform with their circulation permits and written summaries of their properties.

4. Advertising of a plant protection drug or its materials and supplies, beneficial organisms for plant protection, or a veterinary drug or its supplies must include the following information:

a/ Name(s) of the plant protection drug or its materials or supplies, beneficial organisms for plant protection, veterinary drug or supplies;

b/ Uses, effects, and notes for use and preservation;

c/ Name and address of the organization or person responsible for marketing the product.

Article 11. Advertising of fertilizers or biological preparations for cultivation, animal feed, biological preparations for animal breeding, plant varieties or animal breeds

1. Advertising of fertilizers or biological preparations for cultivation, animal feed, biological preparations for animal breeding, plant varieties or animal breeds must conform with product quality certificates or written product quality announcements.

2. Advertising of fertilizers or biological preparations for cultivation, animal feed, biological preparations for animal breeding, plant varieties or animal breeds must include the following information:

a/ Name of the fertilizer or biological preparation for cultivation, animal feed, biological preparation for animal breeding, plant variety or animal breed;

b/ Origin of materials for processing;

c/ Name and address of the organization or person responsible for marketing the product.

Article 12. Requirement on certification of advertising contents for special products, goods and services

1. Special products, goods and services provided in Articles 3 through 11 of this Decree may be advertised only after their advertising contents are certified by competent state agencies.

2. The Ministry of Health, the Ministry of Agriculture and Rural Development and the Ministry of Industry and Trade shall certify advertising contents for special products, goods and services under their management as assigned or decentralized under regulations.

3. Within 10 working days after receiving a complete and valid dossier of request for certification of advertising contents, an agency specified in Clause 2 of this Article shall certify in writing advertising contents. In case of disapproval, it shall issue a written reply clearly stating the reason.

Chapter III

ADVERTISING ON WEBSITES OF FOREIGN ORGANIZATIONS AND INDIVIDUALS PROVIDING CROSS-BORDER ADVERTISING SERVICES THAT EARN ADVERTISING REVENUES IN VIETNAM

Article 13. Subjects of and requirements on advertising activities on websites of foreign organizations and individuals providing cross-border advertising services

1. Websites of foreign organizations and individuals providing cross-border advertising services that earn advertising revenues in Vietnam are overseas server-based websites which provide advertising information for users in the territory of Vietnam.

2. Vietnamese organizations and individuals wishing to advertise their goods and services on websites of foreign organizations and individuals providing cross-border advertising services must do so through lawfully registered advertising service providers in Vietnam.

3. Foreign organizations and individuals providing cross-border advertising services that earn advertising revenues in Vietnam from activities on their websites shall pay taxes in accordance with the tax laws.

Article 14. Conditions on advertising on websites of foreign organizations and individuals providing cross-border advertising services in Vietnam

1. Websites of foreign organizations and individuals providing cross-border advertising services in Vietnam must comply with Vietnamese law on management, provision and use of internet services and online information.

2. Fifteen days before running an advertisement, the owner of a website of a foreign organization or individual providing cross-border advertising services in Vietnam shall send to the Ministry of Culture, Sports and Tourism a written notice of the following information:

a/ Name and address of the Vietnamese advertising service provider authorized to provide the advertising service;

b/ Principal business line of the authorized Vietnamese advertising service provider.

Article 15. Conditions on and responsibilities of advertising service providers

1. When performing a service contract on advertising on the website of a foreign organization or individual providing cross-border advertising services in Vietnam, an advertising service provider must satisfy the following conditions:

a/ It is a licensed advertising service business established and operating in accordance with Vietnamese law;

b/ It has signed with the owner of a website of a foreign organization or individual providing cross-border advertising services in Vietnam a contract to be the latter’s partner to provide advertising services in accordance with Vietnamese law.

2. Responsibilities of an advertising service provider when performing a service contract on advertising on the website of a foreign organization or individual providing cross-border advertising services in Vietnam:

a/ To take responsibility for advertisements when providing advertising services;

b/ To carry out support, advertising, and advertising promotion activities on the website of a foreign organization or individual when complying with Vietnamese law on management, provision and use of internet services and online information;

c/ To send biannual reports on the provision of advertising services to the provincial-level Culture, Sports and Tourism Department of the locality where the advertising service provider is based according to the form provided by the Ministry of Culture, Sports and Tourism, or irregular reports at the request of competent state agencies.

Chapter IV

OUTDOOR ADVERTISING PLANNING

Article 16. Requirements on positions planned for outdoor advertising

1. Not being within the corridors of traffic safety, dykes or national electric grids.

2. Not affecting urban architecture and landscape.

3. Determining positions for public information serving political purposes and social interests, and positions for commercial advertising.

Article 17. Outdoor advertising planning dossiers

An outdoor advertising planning dossier comprises:

1. A written proposal to the authority competent to approve the planning;

2. A draft decision of the authority competent to approve the planning;

3. A draft outdoor advertising master plan, which includes the following principal contents:

a/ Analysis and assessment of natural and socio-economic conditions which affect outdoor advertising activities in the locality, and affect national defense and security;

b/ Analysis and assessment of actual outdoor advertising activities in the locality;

c/ Views and objectives of outdoor advertising planning;

d/ Projected land areas used for placing outdoor billboards under the planning to meet development requirements of each planning period;

dd/ Projected space and technical infrastructure for outdoor advertising in urban central areas;

e/ Outdoor advertising forms in which investment should be prioritized, and resources for implementation;

g/ 1/25,000 or 1/50,000 map on outdoor advertising positions;

h/ Implementation plan and cost estimates;

i/ Summary and assimilation of opinions of involved agencies, organizations and individuals and explanations.

Article 18. Process of formulating, approving and implementing outdoor advertising planning

The provincial-level People’s Committee shall organize the elaboration, approval and implementation of outdoor advertising planning according to the following process:

1. To elaborate a draft outdoor advertising master plan;

2. To publicly consult involved agencies, organizations and individuals;

3. To finalize the dossier and approve the outdoor advertising planning;

4. To announce the planning approval decision and post up the outdoor advertising master plan and its detailed drawings at the head offices of People’s Committees at all levels, and publicize them in the local mass media;

5. To implement the planning, and hold bidding for outdoor advertising positions under the planning in accordance with the bidding law.

Article 19. Adjustment of outdoor advertising planning

1. Outdoor advertising planning may be adjusted when local socio-economic development planning is adjusted.

2. Adjustments to outdoor advertising planning must be based on an analysis and assessment of the planning implementation in the previous period.

3. Provincial-level People’s Committees shall approve adjusted outdoor advertising planning under Articles 17 and 18 of this Decree.

Chapter V

REPRESENTATIVE OFFICES OF FOREIGN ADVERTISING SERVICE PROVIDERS IN VIETNAM

Article 20. Dossier, order, procedures for, and competence to license, the establishment of representative offices

1. A dossier of application for a representative office establishment license comprises:

a/ An application for a representative office establishment license signed by the foreign advertising service provider’s authorized representative, made according to the form provided by the Ministry of Culture, Sports and Tourism;

b/ A copy of the business registration certificate or a paper of equivalent validity of the foreign enterprise, which is certified by a competent authority of the place where the enterprise is established or registers business;

c/ The audited financial statement or other documents of equivalent validity proving the existence and operations of the foreign advertising service provider in the latest fiscal year;

d/ Vietnamese translations of the documents specified at Points b and c of this Clause are required, certified by the Vietnamese diplomatic mission or consulate overseas, and consularly legalized in accordance with Vietnamese law.

2. Order and procedures for granting representative office establishment licenses

a/ The foreign advertising service provider shall submit 1 (one) dossier of application for a representative office establishment license directly to the provincial-level People’s Committee of the locality where the representative office will be based;

b/ Within 10 (ten) days after receiving a complete and valid dossier, the provincial-level People’s Committee shall consider and grant a representative office establishment license, and send a copy of this license to the Ministry of Culture, Sports and Tourism;

c/ Within 3 (three) working days after receiving an invalid dossier, the provincial-level People’s Committee shall request in writing the foreign advertising service provider to supplement and complete the dossier;

d/ Within 45 (forty five) days after obtaining a license, the representative office shall operate and send to the provincial-level People’s Committee a notice of the time of starting its operation, the place of its office, the number of its Vietnamese and foreign employees, and contents of its operation.

Article 21. Cases ineligible for obtaining a representative office establishment license

1. There is evidence that the establishment of the representative office is detrimental to the independence, national sovereignty, security, national defense, historical tradition, culture, ethic values or fine customs and practices of Vietnam.

2. Failure to complete the application dossier as requested by the competent licensing agency.

3. Other cases as prescribed by law.

Article 22. Modification and supplementation of representative office establishment licenses

1. A foreign advertising service provider shall request modification or supplementation of its representative office establishment license in the following case:

a/ Change of the name of the representative office;

b/ Change of the scope of operation of the representative office;

c/ Change of the representative office head;

d/ Change of the address of the representative office within a province or centrally run city.

2. A dossier of request for modification or supplementation of a representative office establishment license comprises:

a/ An application for modification or supplementation of the representative office establishment license signed by an authorized representative of the foreign advertising service provider, made according to the form provided by the Ministry of Culture, Sports and Tourism;

b/ A certified copy of the representative office establishment license.

3. Within 10 days after receiving a valid dossier of a foreign advertising service provider, the provincial-level People’s Committee shall grant a modified license and send a copy of that license to the Ministry of Culture, Sports and Tourism.

Article 23. Re-grant of representative office licenses

1. A representative office license may be re-granted in the following cases:

a/ Change of the name or the country of establishment registration of the foreign advertising service provider;

b/ Change of operations of the foreign advertising service provider;

c/ The license is lost or torn.

2. Within 7 working days, the foreign advertising service provider shall carry out procedures for re-grant of a representative office license.

3. A dossier of re-grant of a representative office establishment license comprises:

a/ An application for re-grant of a representative office establishment license signed by an authorized representative of the foreign advertising service provider, made according to the form provided by the Ministry of Culture, Sports and Tourism;

b/ The original license. If this license is lost, written certification by the police of the place where the license is lost is required.

4. The order of re-grant of a representative office license complies with Clause 2, Article 20 of this Decree.

Article 24. Revocation of representative office establishment licenses; termination of operation of representative offices

1. A representative office establishment license is revoked in the following case:

a/ The representative office operates for improper purposes or at variance with its license;

b/ The representative office provides advertising services;

c/ The representative office fails to periodically report on its operations for 2 consecutive years;

d/ The representative office fails to operate within 6 months after obtaining its license;

dd/ The representative office fails to send reports 6 months after being so requested in writing by a competent state agency.

2. A representative office shall terminate its operation in the following case:

a/ Such termination is requested by the foreign advertising service provider establishing the representative office in Vietnam, and is approved by the licensing agency;

b/ The representative office establishment license is revoked under Clause 1 of this Article;

c/ The foreign advertising service provider terminates its operation under the law of the country where it is established or makes business registration.

3. In case of terminating operation under Point a or c, Clause 2 of this Article, the foreign advertising service provider shall send a notice of operation termination of its representative office to the provincial-level People’s Committee of the locality where the representative office is based at least 30 days before terminating its operation, and shall return the representative office establishment license to the licensing agency.

Article 25. Fees for grant, re-grant and modification of representative office establishment licenses

1. Foreign advertising service providers shall pay fees in accordance with law when requesting the grant, re-grant or modification of Vietnam-based representative office establishment licenses.

2. The Ministry of Finance shall specify fee levels and management and use of the fees prescribed in Clause 1 of this Article.

Chapter VI

ASSIGNMENT OF RESPONSIBILITIES FOR STATE MANAGEMENT OF ADVERTISING

Article 26. The Ministry of Culture, Sports and Tourism’s responsibilities for state management of advertising

The Ministry of Culture, Sports and Tourism shall take responsibility before the Government for performing the state management of advertising nationwide, and has the following tasks and powers:

1. To formulate and propose competent agencies to promulgate or promulgate according to its competence mechanisms, policies and law on advertising;

2. To guide and urge the planning of outdoor advertising in localities;

3. To form appraisal councils and organize appraisal of advertisements;

4. To organize training and retraining in advertising operations and management;

5. To inspect, examine and handle violations of advertising regulations in accordance with law;

6. To carry out international cooperation on advertising;

7. Other tasks as prescribed by law.

Article 27. Related ministries’ responsibilities for state management of advertising

1. Within the ambit of its tasks and powers, the Ministry of Information and Communications shall:

a/ Manage advertising on newspapers, the cyber environment and publications and integrated advertising on post, telecommunications and information technology products and services in accordance with law;

b/ Grant, modify, supplement or revoke licenses for launching radio or television advertising channels or programs;

c/ Deal with formalities for notification of publication of exclusive advertising supplements of print newspapers;

d/ Inspect and examine the observance of law in advertising on the press, the Internet and publications, and integrated advertising on post, telecommunications and information products and services.

2. Within the ambit of theirs tasks and powers, the Ministry of Health, the Ministry of Agriculture and Rural Development, and the Ministry of Industry and Trade shall:

a/ Coordinate with the Ministry of Culture, Sports and Tourism in performing the state management of advertising; perform the state management of advertising contents of special products, goods and services under their assigned management;

b/ Organize the implementation of legal documents on advertising for special products, goods and services under their management;

c/ Inspect and examine the observance of law on advertising under their assigned management.

3. Within the ambit of theirs tasks and powers, ministries, ministerial-level agencies and government-attached agencies shall perform the state management of advertising according to their competence.

Article 28. Provincial-level People’s Committees’ state management responsibilities for advertising

Provincial-level People’s Committees shall perform the state management of advertising activities in their localities according to their competence, and have the following tasks:

1. To grant, re-grant, modify, supplement or revoke representative office establishment licenses of foreign advertising service providers;

2. To organize the formulation and approval of outdoor advertising planning in their localities, and direct the implementation of the planning;

3. To organize and guide the implementation of the advertising law and regulations in their localities;

4. To organize training and retraining to improve advertising management capacity and advertising operations in their localities;

5. To inspect, examine and handle violations in advertising activities according to their competence;

6. To send annual reports on management of advertising activities in their localities to the Ministry of Culture, Sports and Tourism before December 31 every year, and irregular reports at the request of competent state agencies;

7. Other tasks as prescribed by law.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 29. Effect

1. This Decree takes effect on January 1, 2014.

2. The Government’s Decree No. 24/2003/ND-CP of March 13, 2003, detailing the Advertising Ordinance, ceases to be effective on the effective date of this Decree.

Article 30. Implementation responsibilities

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related agencies, organizations and persons shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG