Joint Circular No. 85/2008/TTLT-BVHTTDL-BTTTT dated December 18, 2008 of the Ministry of Culture and Information and the Ministry of Information and Communication guiding the licensing and registration and placement of advertisements on the press, online communication networks and publications, and the inspection, examination, and handling of violations

JOINT CIRCULAR

GUIDING THE LICENSING AND REGISTRATION AND PLACEMENT OF ADVERTISEMENTS ON THE PRESS, ONLINE COMMUNICATION NETWORKS AND PUBLICATIONS, AND THE INSPECTION, EXAMINATION, AND HANDLING OF VIOLATIONS

Pursuant to the 1989 Press Law and the 1999 Law Amending and Supplementing a Number of Articles of the Press Law;
Pursuant to the 2004 Publication Law;
Pursuant to the 2006 Law on Information Technology;
Pursuant to the 2001 Ordinance on Advertising;
Pursuant to the 2002 Ordinance on Handling of Administrative Violations and the 2008 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations;
Pursuant to the Government's Decree No. 185/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism;
Pursuant to the Government's Decree No. 187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communication,

To ensure and raise the effectiveness of the state management of advertising activities on the press, online communication networks and publications; the Ministry of Culture, Sports and Tourism and the Ministry of Information and Communication jointly guide the licensing, registration and placement of advertisements on the press, online communication networks and publications, and the inspection, examination, and handling of violations as follows:

Section I.

GENERAL PROVISIONS

1. This Circular guides the licensing of advertising on the press; registration of advertising on online communication networks; and advertising on publications, and the inspection, examination, and handling of violations.

2. This Circular is applicable to:

2.1. Vietnamese and foreign agencies, organizations and individuals engaged in advertising activities on the press, online communication networks and publications in Vietnam (below referred to as organizations and individuals);

2.2. Concerned agencies and units under the Ministry of Culture, Sports and Tourism;

2.3. Concerned agencies and units under the Ministry of Information and Communication;

2.4. Provincial-level Culture, Sports and Tourism Services;

2.5. Provincial-level Information and Communication Services.

3. Responsibilities and coordination:

3.1. The Ministry of Information and Communication shall:

a/ License advertising activities on the press; organize the registration of advertising activities on online communication networks and manage advertising activities on publications;

b/ Assume the prime responsibility for, and coordinate with the Ministry of Culture, Sports and Tourism in, inspecting and examining the lawfulness of advertising activities on the press, online communication networks and publications;

c/ Administratively handle violations of the law on advertising activities on the press, online communication networks and publications according to law.

3.2. The Ministry of Culture, Sports and Tourism shall:

a/ Direct and guide provincial-level Culture, Sports and Tourism Services in coordinating with provincial-level Information and Communication Services in managing advertising activities on the press, online communication networks and publications;

b/ Coordinate with the Ministry of Information and Communication in inspecting and examining the lawfulness of advertising activities on the press, online communication networks and publications.

3.3. Provincial-level Information and Communication Services shall:

a/ Perform the state management of advertising activities on the press, online communication networks and publications in their provinces or cities;

b/ Assume the prime responsibility for, and coordinate with provincial-level Culture, Sports and Tourism Services in, inspecting and examining the lawfulness of advertising activities on the press, online communication networks and publications in their provinces or cities;

c/ Administratively handle violations of the law on advertising activities on the press, online communication networks and publications committed by organizations and individuals in their provinces or cities according to law.

3.4. Provincial-level Culture, Sports and Tourism Services shall coordinate with provincial- level Information and Communication Services in performing the state management of advertising activities on the press, online communication networks and publications in their provinces or cities.

Section II

LICENSING OF ADVERTISING ON THE PRESS; REGISTRATION OF ADVERTISING ON ONLINE COMMUNICATION NETWORKS AND ADVERTISING ON PUBLICATIONS

1. Licensing of advertising on the press

1.1. Licensing procedures:

a/ A press agency wishing to publish an advertisement supplement, or broadcast a radio or television advertisement channel or program shall apply for a permit. The application dossier shall be submitted to the Press Department (the Ministry of Information and Communication), for an advertisement supplement of a newspaper or magazine; or the Department of Radio and Television Broadcast and E-Information Management (the Ministry of Information and Communication), for a radio or television advertisement channel or program. Such a dossier comprises:

- An application for a permit for an advertisement supplement or channel or program (made according to the form in Appendix 1 to this Circular, not printed herein);

- Opinions of the managing agency (if any);

- A (notarized or authenticated) copy of the press operation license.

b/ Within thirty (30) working days from the date of receiving a complete and valid dossier, the Press Department or the Department of Radio and Television Broadcast and E-Information Management shall grant a press agency a permit (according to the form in Appendix 2 to this Circular, not printed herein) for an advertisement supplement or channel or program. In case of refusal, it shall issue a reply clearly stating the reason.

1. 2. Modification and supplementation of a permit:

a/ A press agency wishing to modify the contents of a permit for an advertisement supplement or channel or program shall submit an application dossier to the competent licensing agency under Point 1.1, Clause 1. Section II of this Circular. Such a dossier comprises:

- An application for permit modification or supplementation (made according to the form in Appendix 1 to this Circular, not printed herein);

- A (notarized or authenticated) copy of the effective permit.

b/ Within fifteen (15) working days from the date of receiving a complete and valid dossier, the Press Department or the Department of Radio and Television Broadcast and E-Information Management shall grant a press agency a modified or supplemented permit (according to the form in Appendix 3 to this Circular, not printed herein). In case of refusal, it shall issue a reply clearly stating the reason.

1.3. Within seven (07) working days from the date of granting a permit for an advertisement supplement or channel or program or a modified or supplemented permit, the Press Department or the Department of Radio and Television Broadcast and E-Information Management under the Ministry of Information and Communication shall send a copy of this permit to the Grassroots Culture Department (the Ministry of Culture, Sports and Tourism) and the Information and Communication Service and Culture, Sports and Tourism Service of the province or city where the press agency is headquartered for coordinated management.

2. Registration of advertising on online communication networks

2.1. Registration dossiers and procedures

a/ Before advertising on an online communication network, an organization or individual shall submit an advertisement registration dossier to the Department of Radio and Television Broadcast and E-Information Management (the Ministry of Information and Communication). Such a dossier comprises:

-A written advertisement registration (made according to the form in Appendix 4 to this Circular, not printed herein);

- A disc or similar object containing the advertisement product (2 pieces).

b/ After receiving a complete and valid dossier, the Department of Radio and Television Broadcast and E-Information Management shall issue a receipt slip (according to the form in Appendix 5 to this Circular, not printed herein). After five (05) working days from the date of issuing a receipt slip, if the Department of Radio and Television Broadcast and E-Information Management makes no written request to modify or supplement advertised contents, an organization or individual may advertise according to the registered contents. When modifications or supplements are required, an organization or individual may only advertise after modifying or supplementing advertised contents as requested by the Department.

2.2. An organization or individual wishing to supplement or modify the contents of a registered advertisement shall make registration again in accordance with the order, procedures and requirements under Point 2.1, Clause 2. Section II of this Circular.

2.3. Within three (03) working days from the date an organization or individual is permitted to place advertisements according to the registered contents, the Department of Radio and Television Broadcast and E-Information Management shall send a copy of the slip to acknowledge the receipt of a registration dossier for advertising on an online communication network to the Grassroots Culture Department (the Ministry of Culture, Sports and Tourism), the Culture, Sports and Tourism Service and Information and Communication Service of the province or city where the registering organization or individual is headquartered for coordinated management.

3. Advertising on publications and printed products other than publications:

3.1. Advertising on publications complies with the Publication Law and its guiding documents;

3.2. Advertisements for goods and service trading activities on catalogs, leaflets, brochures and other printed products other than publications must specify the name and address of the advertiser, the number of printed copies and the place of printing.

3.3. An advertisement on a video tape or disc; or a cassette or audio disc (other than publications of publishing houses) is subject to approval of the agency competent to license the distribution of the program on such tape, cassette or disc; the advertising time must not exceed 5% of the program length.

Section III

INSPECTION, EXAMINATION, AND HANDLING OF VIOLATIONS OF REGULATIONS ON ADVERTISING ON THE PRESS, ONLINE COMMUNICATION NETWORKS AND PUBLICATIONS

1. Inspection and examination

1.1. The Inspectorate of the Ministry of Information and Communication shall assume the prime responsibility for, and coordinate with the Inspectorate of the Ministry of Culture, Sports and Tourism; and the Inspectorates of provincial-level Information and Communication Services shall assume the prime responsibility for, and coordinate with the Inspectorates of provincial-level Culture, Sports and Tourism Services in, working out annual programs and plans to inspect and examine advertising activities on the press, online communication networks and publications and implementing these programs and plans.

1.2. In case of extraordinary inspection or examination outside the programs and plans specified at Point 1.1, Clause 1, Section III of this Circular, the Inspectorate of the Ministry of Information and Communication or a provincial-level Information and Communication Service shall notify in writing the Inspectorate of the Ministry of Culture, Sports and Tourism or a provincial-level Culture, Sports and Tourism Service of such inspection or examination for coordinated implementation.

1.3. The Inspectorate of the Ministry of Information and Communication or a provincial-level Information and Communication Service shall assume the prime responsibility for preparing and completing legal procedures for each inspection or examination;

1.4. After an inspection or examination, the inspection or examination delegation shall report and submit inspection or examination conclusions to the leaderships of the two ministries.

2. Handling of violations

2.1. The Inspectorates of the Ministry of Information and Communication and provincial-level Information and Communication Services shall administratively handle violations of regulations on advertising activities on the press, online communication networks and publications according to law.

2.2. When detecting an act of violating regulations on advertising activities on the press, online communication networks and publications, the Inspectorate of the Ministry of Culture, Sports and Tourism or a provincial-level Culture, Sports and Tourism Service shall notify the Inspectorate of the Ministry of Information and Communication or a provincial-level Information and Communication Service thereof for consideration and handling according to its competence.

2.3. The Inspectorate of the Ministry of Information and Communication or a provincial-level Information and Communication Service shall send decisions on handling of administrative violations to the Inspectorate of the Ministry of Culture, Sports and Tourism or a provincial-level Culture, Sports and Tourism Service.

Section IV

ORGANIZATION OF IMPLEMENTATION

1. The Ministry of Culture, Sports and Tourism and the Ministry of Information and Communication shall direct, guide and examine their concerned units in strictly complying with this Circular.

2. Agencies and units under the two ministries and provincial-level Information and Communication Services and Culture, Sports and Tourism Services, organizations and individuals shall promptly report problems arising in the course of implementation of this Circular to the two ministries for consideration and settlement.

3. This Circular takes effect 15 days after its publication in "CONG BAO."

4. The following provisions are annulled:

- Clause 2, Section III of, and Appendix 1 to, the Culture and Information Ministry's Circular No. 43/2003/TT-BVHTT of July 16, 2003, guiding the implementation of the Government's Decree No. 24/2003/ND-CP of March 13, 2003, detailing the Ordinance on Advertising;

- Clauses 3 and 7 of the Culture and Information Ministry's Circular No. 79/2005/TT-BVHTT of December 8, 2005, amending and supplementing a number of provisions of the Culture and Information Ministry's Circular No. 43/2003/TT-BVHTT of July 16, 2003, guiding the implementation of the Government's Decree No. 24/2003/ND-CP of March 13, 2003, detailing the Ordinance on Advertising.