Joint Circular No. 03/2005/TTLT-BVHTT-UBTDTT dated January 27. 2005 of the Ministry of Culture and Information and the Committee for Physical Trainning and Sports guiding advertisement in physical training and sports

JOINT CIRCULAR

GUIDING ADVERTISEMENT IN PHYSICAL TRAINING AND SPORTS

Pursuant to the Ordinance on Advertisement dated November 16, 2001;

Pursuant to the Ordinance on Physical Training and Sports dated September 25, 2000;

Pursuant to the Governments Decree No. 24/2003/ND-CP dated March 13, 2003 detailing the implementation of the Ordinance on Advertisement,

Pursuant to the Governments Decree No. 63/2003/ND-CP dated June 11, 2003 prescribing the functions, tasks, powers and organizational structure of the Ministry of Culture and Information;

Pursuant to the Governments Decree No. 22/2003/ND-CP dated March 11, 2003 prescribing the functions, tasks, powers and organizational structure of the Committee for Physical Training and Sports;

The Ministry of Culture and Information and the Committee for Physical Training and sports hereby jointly guides advertisement in physical training and sports for the uniform implementation as follows:

Section I. GENERAL PROVISIONS

1. This Circular guides advertisement in physical training and sports in Vietnam, including advertisement through physical training and sport activities, advertisement at venues of physical training and sport activities and advertisement for physical training and sport activities.

a) Advertisement through physical training and sport activities means advertisements on attire of athletes, coaches, referees, organizing boards, stewards as well as means and facilities in service of physical training and sport activities;

b) Advertisement at venues of physical training and sport activities means advertisements in stadiums, swimming pools, gymnasiums, sport shooting fields; race courses and other places used for physical training and sport activities;

c) Advertisement for physical training and sport activities means advertisements for physical training and sports, sport tournaments, physical training and sport performance and other physical training and sport events.

2. Organizations and individuals engaged in advertising activities in physical training and sports must abide by the provisions of the Ordinance on Advertisement, the Ordinance on Physical Training and Sports, relevant legal documents and this Joint Circular.

3. Acts of advertisement in physical training and sports domains, which are prohibited:

a) Advertisement using the images of athletes who are examined for penal liability;

b) Advertisement for banned sports;

c) Advertisement for banned training methods;

d) Advertisement on competition attire of national sport teams participating in official international sport tournaments, except for the display of logos and trademarks of the attire producers;

e) Advertisement in competition and performance areas, which hides the national flag, national emblem, national leaders' pictures or professional instruction boards;

f) Advertisement which hides the view of audience, advertisement affecting the training, competition and performance of athletes, the direction by coaches or the performance of tasks by organizing boards, referees, guides, physicians or stewards;

g) Advertisement in contravention of the contents, time and venues of competition or performance already registered or permitted;

h) Advertisement in contravention of law or competition rules of each sport.

Section II. SPECIFIC PROVISIONS

1. For advertisements through physical training and sport activities, permits shall not be required, but the advertising units must bear responsibility for the advertisement contents and forms and abide by law provisions on advertisement.

2. For advertisements at venues of physical training and sport activities or advertisements for physical training and sport activities on billboards, signboards, panels, banners, screens, illuminating objects, aerial or aquatic objects, traffic means or other moving objects, permits must be applied for at provincial/municipal Culture and Information Services of the localities where the advertisements shall be made.

For advertising billboards, signboards, panels and banners fixed on organizing boards' means which accompany bicycle, athletic, motorcycle or car races, permits shall be applied for only at the Culture and Information Service of the first departure place.

3.

4. The dossiers and procedures for application for advertisement permits shall comply with the provisions of Section III of the Culture and Information Ministry's Circular No. 43/2003/TT-BVHTT dated July 16, 2003 guiding the implementation of Decree No. 24/2003/ND-CP.

For advertisements for physical training and sports competitions and performances, the decision of competent State agencies permitting the organization of the competitions or performances shall be required.

Section III. IMPLEMENTATION ORGANIZATION

1. The Ministry of Culture and Information and the Committee for Physical Training and Sports shall, within the scope of their tasks and powers, have to coordinate with each other in performing the State management over advertisement in the physical training and sports domain.

2. The Physical Training and Sports Inspectorate and the Culture and Information Inspectorate shall, within the scope of their assigned functions and tasks, have to carry out independent or coordinated inspections and examinations of advertisement in the physical training and sports domain, and handle violations according to law provisions.

3. Organizations and individuals that commit acts of violating the provisions of this Circular shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liability, if causing damage, they must pay compensation therefor according to law provisions.

Section IV. IMPLEMENTATION PROVISIONS

1. This Circular takes effect 15 days after its publication in the Official Gazette.

2. All previous regulations of the Ministry of Culture and Information and the Committee for Physical Training and Sports guiding the advertisement in the physical training and sports domain, which are contrary to this Joint Circular, are hereby annulled.

3. Any difficulties arising in the course of implementation should be reported to the Ministry of Culture and Information and the Committee for Physical Training and Sports for study and settlement.