Advertising Law, Law No. 16/2012/QH13

Law on Advertising     

(No. 16/2012/QH13)       

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;

The National Assembly promulgates the Law on Advertising.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Law provides advertising activities; the rights and obligations of organizations and individuals engaged in advertising activities; and the state management of advertising.

2. Political advocacy and propaganda information is not regulated by this Law.

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Advertising means the use of various media in order to present to the public profitable products, goods and services; non-profitable products and services; organizations and individuals trading in the presented products, goods and services, except news on current affairs; social policies; and personal information.

2. Profitable service means a service aiming to make profit for the organization or individual that provides such service; non-profitable service means a service serving the social interests without making profit for the organization or individual that provides such service.

3. Advertisement includes the content and form of advertising demonstrated through graphics, sounds, voices, text, symbols, colors, lights and similar forms.

4. Advertising promotion means activities of seeking and boosting opportunities to sign advertising service contracts.

5. Advertiser means an organization or individual that needs to advertise its/his/her products, goods or services, or to advertise itself/himself/herself.

6. Advertising service provider means an organization or individual that performs one, several or all of the stages of the advertising process under an advertising service contract with an advertiser.

7. Advertisement publisher means an organization or individual using media of advertising under its/his/her management to present advertisements to the public. Advertisement publishers include press agencies, publishers, website owners, organizers of cultural or sports programs and other users of media of advertising.

8. Advertisement conveyor means a person who directly brings advertisements to the public or displays advertisements on his/her body by wearing, hanging, sticking or drawing such advertisements or in similar forms.

9. Advertisement recipient means a person who receives information from advertisements via media of advertising.

10. Advertisement duration means the duration of broadcasting an advertisement on a television or radio channel or program; the advertisement duration in the total duration of a cultural or sports program; or the advertisement duration in an audio record, a video record or another technological device.

11. Advertisement area means the part displaying advertisements on a printed press, television, electronic newspaper, website, publication, billboard, means of transport or other similar media of advertising

12. Special product, goods or service means a product, goods or service that directly affects the human health and environment.

13. Advertising screen means a medium of advertising using electronic technology to convey advertisements, including LED and LCD screens and similar forms.

Article 3. State policies on advertising activities

1. Protecting the rights and legitimate interests of organizations and individuals in advertising activities.

2. Creating conditions for organizations and individuals to develop advertising forms and improve advertising quality.

3. Encouraging organizations and individuals to research and apply modern science and technology to the design and development of advertisements and effectively invest in advertising.

4. Facilitating and encouraging the development of human resources for advertising activities; prioritizing investment in professional training for officials and civil servants performing the state management of advertising.

5. Expanding international cooperation on advertising.

Article 4. Contents of the state management of advertising

1. Promulgating and organizing the implementation of legal documents on advertising.

2. Formulating, and directing the implementation of, strategies, master plans, plans and policies on advertising development.

3. Disseminating and educating about the advertising law.

4. Directing research into and application of science and technology to advertising.

5. Directing and organizing training and retraining of human resources for advertising.

6. Organizing commendation work in advertising activities.

7. Carrying out international cooperation in the field of advertising.

8. Conducting inspection and examination, settling complaints and denunciations and handling violations in advertising activities.

Article 5. State management responsibilities for advertising activities

1. The Government shall perform the uniform state management of advertising activities.

2. The Ministry of Culture, Sports and Tourism is responsible to the Government for performing the state management of advertising activities.

3. Ministries and ministerial-level agencies shall, within the scope of their tasks and powers, cooperate with the Ministry of Culture, Sports and Tourism in the state management of advertising activities. 

4. People’s Committees at all levels shall perform the state management of advertising activities in their localities according to their competence.

Article 6. Advertising service contract

Cooperation among the subjects in advertising activities must be effected through advertising service contracts in accordance with law.

Article 7. Products, goods and services banned from advertising

1. Goods and services banned from trading by law.

2. Cigarettes.

3. Wine that contains 15% alcohol or above.

4. Dairy products being breast milk substitutes for infants under 24 months old, nutritional supplements for infants under 6 months old; feeding bottles and pacifiers.

5. Prescription medicines, non-prescription medicines recommended by competent state agencies to be used restrictively or under physician’s supervision.

6. Pornographic products and goods.

7. Hunting rifles and their bullets, sporting weapons and products and goods of violence-inciting nature.

8. Other products, goods and services banned from advertising by the Government depending on the practical situation.

Article 8. Prohibited acts in advertising

1. Advertising products, goods and services specified in Article 7 of this Law.

2. Using advertisements that reveal state secrets or harm the national independence and sovereignty, defense and security.

3. Using advertisements that are inartistic and contrary to Vietnam’s history, culture, ethics and fine traditions and customs.

4. Using advertisements that affect the urban scenery, traffic order and safety or social order.

5. Using advertisements that degrade the respectability of the national flag, the national emblem, the national anthem, the Party’s flag, national heroes, cultural celebrities or state and party leaders.

6. Using advertisements that express racial discrimination, gender-based prejudices or prejudices about people with disabilities, or infringe upon the freedom of belief and religion. 

7. Using advertisements that offend the prestige, honor and dignity of other organizations or individuals.

8. Using advertisements that contain other people’s pictures, words or scripts without their consent, unless otherwise permitted by law.

9. Advertising untruthfully or causing confusion about the business competence or the ability to provide products, goods and services of organizations and individuals trading in such products, goods and services; about the quantity, quality, prices, utilities, designs, packages, brand names, origin, types, methods of service and warranty duration of products, goods and services as registered or announced.

10. Advertising using direct comparison of the prices, quality and use efficiency of one’s products, goods or services to those of others’ products, goods or services of the same type.

11. Advertising using the words “best”, “only”, “the best”, “number one” or words with similar meaning without lawful proving documents as stipulated by the Ministry of Culture, Sports and Tourism.

12. Advertising using unfair competition contents as provided by the competition law.

13. Using advertisements that violate the intellectual property law.

14. Using advertisements that make children think, speak or act against the ethics and fine traditions and customs; adversely affect children’s health, safety or normal development.

15. Forcing other agencies, organizations and individuals to advertise or receive advertisements against their will.

16. Hanging, placing, sticking or painting advertisements on electric poles, traffic light poles and public trees.

Article 9. Advertisement appraisal council

1. Advertisement appraisal council is an advisory organization attached to the Ministry of Culture, Sports and Tourism, assisting the Minister in considering and drawing con-clusions about the conformity of advertisements with law when organizations and individuals request appraisal of such advertisements.

2. The advertisement appraisal council is composed of representatives from the Ministry of Culture, Sports and Tourism and professional advertising organization and specialists from relevant fields.

3. The Ministry of Culture, Sports and Tourism shall specify the organization and activities of the advertisement appraisal council.

Article 10. Professional advertising organization

1. The professional advertising organization shall be established and operate under the law on associations.

2. The professional advertising organization has the following tasks and powers:

a/ To protect the rights and legitimate interests of its members;

b/ To formulate the code of professional conduct in advertising and submit it to the Ministry of Culture, Sports and Tourism for approval, and organize the implementation of this code;

c/ To give opinions on the formulation of strategies, plans and policies on advertising development; legal documents, standards and technical regulations on advertising and outdoor advertising master plans;

d/ To nominate representatives and recommend specialists to join the advertisement appraisal council at the request of competent state management agencies;

e/ To conduct researches and application of science and technology to advertising activities; to provide consultancy and information about and training in advertising skills and professional ethics;

f/ To promote fair competition in order to develop the advertising market and improve the quality of advertisements;

g/ To cooperate with state management agencies in propagating and disseminating the advertising law and building consumer trust;

h/ To have other duties and powers as provided by law.

Article 11. Handling of violations in advertising activities

1. Organizations committing violations of this Law or other relevant laws shall, depending on the nature and seriousness of their violations, be administratively sanctioned and, if causing any damage, pay compensations in accordance with law.

2. Individuals committing violations of this Law or other relevant laws shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability and; if causing any damage, pay compensations in accordance with law.

3. State management agencies of advertising shall take responsibility for their handling decisions and, if issuing incorrect decisions and causing any damage, pay compensations in accordance with law.

4. The Government shall specify acts of violation, forms and levels of sanctioning of administrative violations in advertising activities.

Chapter II

RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS IN ADVERTISING ACTIVITIES

Article 12. Rights and obligations of advertisers

1. An advertiser is entitled to:

a/ Advertise its organizations, individuals, products, goods and services;.

b/ Decide on the forms and methods of advertising;

c/ Receive information from local competent agencies in charge of advertising about the approved outdoor advertising master plan;

d/ Request appraisal of advertisements.

2. An advertiser is obliged to:

a/ Provide advertising service providers or advertisement publishers with necessary, truthful and accurate information about the agencies, organizations, individuals, products, goods and services and documents related to the advertising conditions, and take responsibility for such information;

b/ Ensure the product, goods and service quality be consistent with the advertisement contents;

c/ Take responsibility for its advertisements when directly advertising in the media of advertising; or take joint responsibility for advertisements when hiring others to advertise;

d/ Provide documents related to the advertisements at the request of the advertisement recipients or competent state agencies.

3. An advertiser shall exercise other rights and perform other obligations as provided by law.

Article 13. Rights and obligations of advertising service providers

1. An advertising service provider is entitled to:

a/ Decide on the forms and methods of provision of advertising services;

b/ Be provided with accurate and truthful information by advertisers about the to be-advertised organizations, individuals, products, goods and services and documents related to the advertising conditions;

c/ Give opinions on the formulation of local advertising master plans and receive information from local agencies in charge of advertising about the approved outdoor advertising master plans;

d/ Request appraisal of advertisements.

2. An advertising service provider is obliged to:

a/ Operate within the scope and field specified in its business registration certificate and observe the advertising law;

b/ Examine the documents related to the advertising conditions of the to be-advertised organizations, individuals, products, goods and services, and carry out relevant procedures under the advertising service contracts;

c/ Take responsibility for advertisements that it directly makes;

d/ Provide documents related to advertisements at the request of the advertisement recipients or competent state agencies.

3. An advertising service provider shall exercise other rights and perform other obligations as provided by law.

Article 14. Rights and obligations of advertisement publishers

1. To advertise in their media and collect service charges in accordance with law.

2. To examine documents related to the advertising conditions of to be-advertised organizations, individuals, products, goods and services.

3. To provide documents related to advertisements at the request of advertisement recipients or competent state agencies.

4. To perform signed advertisement publication contracts and take direct responsibility for advertisements put on the media of advertising under their management.

5. To request appraisal of advertisements.

6. To exercise other rights and perform other obligations as provided by law.

Article 15. Rights and obligations of lessors of places and media of advertising

1. To choose advertisers and advertising service providers.

2. To take responsibility for the legal grounds of the lease of the places or media of advertising and for the safety of the media of advertising; and to properly fulfill the obligations in the signed lease contracts.

3. To take joint responsibility for the advertising constructions installed or built inconsistently with the construction license or without a construction license.

4. To exercise other rights and perform other obligations as provided by law.

Article 16. Rights and obligations of advertisement recipients

1. To receive truthful information about the quality, utilities and effects of products, goods or services.

2. To refuse advertisements.

3. To request advertisers or advertisement publishers to pay compensations when the latter’s products, goods or services are inconsistent with the standards and technical regulations, quality, quantity, utilities, effects and prices or other contents advertised by organizations and individuals.

4. To lodge denunciations or initiate civil lawsuits in accordance with law.

5. When lodging a denunciation or claiming compensations, to fully provide documents and evidence of the violations of the advertising law to state management agencies as well as of the damage caused by the advertisement; to request the advertising service providers, advertisement publishers or advertisers to provide documents related to the advertisements.

Chapter III

ADVERTISING ACTIVITIES

Section 1

MEDIA OF ADVERTISING; REQUIREMENTS ON ADVERTISING CONTENTS AND CONDITIONS

Article 17. Media of advertising

1. The press.

2. Websites, electronic equipment, terminal devices and other telecommunications devices.

3. Printed products, audio records, video records and other technological equipment.

4. Billboards, banners, signboards, illuminated boxes and advertising screens.

5. Means of transport.

6. Fairs, seminars, conferences, events, exhibitions, cultural and sports programs.

7. Advertisement conveyors; objects of advertisement.

8. Other media of advertising as provided by law.

Article 18. Words and text in advertisements

1. Advertisement contents must be expressed in Vietnamese, except for the following cases:

a/ Trademarks,  slogans, brand names or proper names in foreign languages or internationalized words that cannot be substituted by Vietnamese;

b/ Books, newspapers, websites and publications permitted to be published in Vietnam’s ethnic languages or foreign languages; radio and television broadcasts in Vietnam’s ethnic languages or foreign languages.

2. For advertisements that are expressed in both Vietnamese and a foreign language, the foreign-language font size must not exceed three-quarters of that of the Vietnamese text and must be placed below the Vietnamese text; when these advertisements are broadcast on radio, television or other audio-visual media, the Vietnamese must be read before the foreign text.

Article 19. Requirements on advertisement contents

1. Advertisement contents must be truthful, accurate and clear without causing damage to producers, traders and advertisement recipients.

2. The Government shall stipulate requirements on advertisement contents of special products, goods and services.

Article 20. Advertising conditions

1. Having a business registration certificate when advertising goods trading or service provision activities.

2. Having documents proving the standard or regulation conformity of products, goods or services in accordance with law when advertising such products, goods or services.

3. Having a title deed or a use right certificate when advertising properties which are required by law to have such deed or certificate.

4. Advertisements for special products, goods and services must satisfy the following conditions:

a/ Having a valid circulation permit and a medicine use instruction sheet approved by the Ministry of Health when advertising medicines allowed to be advertised in accordance with the health law;

b/ Having a cosmetics announcement sheet as required by the health law when advertising cosmetics;

c/ Having a circulation registration certificate granted by the Ministry of Health when advertising chemicals, pesticides or disinfectants for domestic and medical use;

d/ Having a standard conformity certificate or a food safety and hygiene certificate for domestically produced nutritional products or a product quality certificate granted by a competent agency of the country of manufacture and a circulation permit for imported nutritional products when advertising milk and nutritional products for infants not specified in Clause 4, Article 7 of this Law;

e/ Having a food quality, hygiene and safety and registration certificate when advertising listed food and food additives subject to food quality, hygiene and safety registration, or having a standard announcement dossier receipt from a competent state agency when advertising listed food and food additives subject to standard announcement;

f/ Having a practice qualification certificate granted by the health sector in accordance with law when advertising medical examination and treatment services;

g/ Having a circulation permit when advertising domestically produced medical equipment, or having an import license when advertising imported medical equipment;

h/ Having a plant protection drug registration certificate when advertising plant protection drugs or plant protection drug materials. Having a plant quarantine certificate granted by the Ministry of Agriculture and Rural Development when advertising useful organisms for plant protection;

i/ Having a circulation permit and a product property summary sheet when advertising veterinary medicines and equipment;

j/ Having a product quality certificate or a written product quality announcement when advertising fertilizers and biological preparations serving cultivation, animal feed and biological preparations serving husbandry.

5. The Government shall stipulate advertising conditions for other special products, goods and services depending on the practical situation.

Section 2

ADVERTISEMENTS ON THE PRESS, WEBSITES, ELECTRONIC EQUIPMENT, TERMINAL DEVICES AND OTHER TELECOMMUNICATIONS DEVICES

Article 21. Advertisements on printed press

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 advertising newspapers and magazines; advertisements must have a mark distinguishing them from other contents.

2. Press agencies may publish advertising supplements and shall send a  written notification to the state management agency of the press at least 30 days before the first release date of the advertising supplements.

3. An advertising supplement must be separately numbered, of the same size and attached to the primary newspaper or magazine issue.

4. The first page of an advertising supplement must specify the following information:

a/ The newspaper or magazine title;

b/ The name and address of the press agency;

c/ The words “The advertising supplement is not included in the selling price”.

5. No advertisement may be put on the front cover of a magazine or the first page of a newspaper.

Article 22. Advertisements on radio and television

1. The advertisement duration on radio or television must not exceed 10% of the total broadcast duration in a day of a broadcaster, except the advertisement duration on advertising channels and programs. Advertisements must have a mark distinguishing them from other contents.

2. The advertisement duration on a pay TV channel must not exceed 5% of the total broadcast duration in a day of a broadcaster, except advertising channels and programs.

3. No advertisement is allowed in the following programs:

a/ News programs;

b/ Live radio or television broadcasts of special political events or major national anniversaries.

4. Each movie show must not be interrupted for advertising more than twice, with each time not exceeding 5 minutes. Each entertainment show must not be interrupted for advertising more than four times, with each time not exceeding 5 minutes.

5. Advertisements displayed together with the primary information content in the form of running text or series of pictures must be put at the bottom of the screen and must neither exceed 10% of the screen height nor affect the main contents of the show. This form of advertising is not included in the advertisement duration on television.

6. Radio and television agencies shall obtain a license from the state management agency of the press when wishing to establish an advertising channel or program. A dossier of application for a license to establish an advertising channel or program comprises:

a/ An application for a license to establish an advertising channel or program;

b/ The opinion of the managing agency;

c/ A certified copy of the press activity license.

7. When wishing to change the contents of its license to establish the advertising channel or program, the press agency shall send a dossier of request for license modification or supplementation to the state management agency of the press. A dossier of request for license modification or supplementation comprises:

a/ An application for license modification or supplementation;

b/ A certified copy of the valid license.

8. The order and procedures for granting a license are as follows:

a/ Within 30 days after receiving a complete and valid dossier, the state management agency of the press shall consider and grant a license to establish an advertising channel or program to the press agency; if refusing to grant a license, it shall issue a written reply clearly stating the reason;

a/ Within 15 days after receiving a complete and valid dossier, the state management agency of the press shall consider and grant a modified or supplemented license to the press agency; if refusing to grant a license, it shall issue a written reply clearly stating the reason;

c/ Within 7 days after granting a license to establish an advertising channel or program or a modified or supplemented license, the licensing agency shall send a copy of the granted license to the state management agency of advertising and the People’s Committee of the province or centrally run city (below referred to as provincial-level People’s Committee) where the press agency is located, for coordinated management.

Article 23. Advertisements on electronic newspapers and websites

1. Advertisements on electronic newspapers must comply with the following provisions:

a/ Advertisements must not be designed and placed among the news sections;

b/ Unfixed advertisements must be designed so that viewers may actively activate or inactivate the advertisements. The maximum activation or inactivation duration of such advertisements is 1.5 second.

2. Advertisements on websites of state agencies must comply with Clause 1 this Article.

3. Advertisements on websites of foreign organizations and individuals providing cross-border advertising services that earn incomes from advertising in Vietnam must comply with this Law and other relevant laws.

4. The Government shall detail Clause 3 this Article.

Article 24. Advertisements on electronic equipment, terminal devices and other telecommunications devices

1. Advertising by sending advertising text messages and emails:

a/ Organizations and individuals may send advertising text messages and emails only after obtaining prior consent of recipients;

b/ Electronic information and telecommunications service providers may send advertising text messages and emails only about their own services; may send advertising text messages via telephone from 7 a.m. to 10 p.m. 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 recipient;

c/ Advertising organizations and individuals shall ensure that recipients are able to refuse advertisements and shall immediately stop sending advertising text messages and emails when recipients notify their refusal. Refusal notifications from recipients must not be charged.

2. Advertisements in other forms on other electronic equipment, terminal devices and telecommunications devices must comply with this Law and other relevant laws.

Section 3

ADVERTISEMENTS ON PRINTED PUBLICATIONS, AUDIO RECORDS, VIDEO RECORDS AND OTHER TECHNOLOGICAL EQUIPMENT

Article 25. Advertisements on printed publications

1. For books and documents in form of books, only advertisements about authors, writings and publishers are permitted and must be placed only on the second, third and fourth covers, except advertising books.

2. For non-commercial documents, only advertisements about authors, writings and publishers or symbols, logos, trademarks, products, services and activities of organizations or individuals licensed to publish such documents, are permitted.

3. Advertisements on paintings, pictures, posters, catalogs, fliers and leaflets for political, economic, cultural, social, scientific, technological, literary and art advocacy and propaganda must not exceed 20% of the area of each product.

The symbol, logo and trademark of the advertiser must be put at the bottom of the printed product.

4. No advertisement is allowed on printed products being banknotes or valuable papers, diplomas, certificates and state management documents.

5. Advertisements on paintings, pictures, posters, catalogs, fliers, leaflets and printed products not specified in Clauses 3 and 4 of this Article must display the name and address of the advertising service provider or the advertiser, the printed quantity and printing place.

Article 26. Advertisements in audio records and video records

The advertisement duration in audio records and video records of cultural, art and cinematographic programs or audio records and video records being book substitutes or book illustrations must not exceed 5% of the program duration.

Section 4

ADVERTISEMENTS ON BILLBOARDS, BANNERS, SIGNBOARDS, ILLUMINATED BOXES, 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 areas, traffic safety corridors, dikes and national electric grids; must not hide traffic lights and public signs; must not cross roads and must comply with local advertising master plans and technical regulations promulgated by competent agencies.

2. Advertisements on billboards and banners must specify names and addresses of their makers.

3. Advertisements on billboards and banners for political and social policy propaganda and advocacy must comply with the following provisions:

a/ Symbols, logos and trademarks of advertisers must be put at the bottom of billboards and vertical banners, or on the right of horizontal banners;

b/ The area for displaying symbols, logos and trademarks of advertisers must not exceed 20% of the billboard or 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 must comply with this Law, other relevant laws and local outdoor advertising master plans.

2. Sounds must not be used in advertisements on outdoor advertising screens.

3. Sounds may be used in advertisements on screens not specified in Clause 2 of this Article in accordance with the environmental law.

Article 29. Dossier of billboard or banner advertisement notification

1. The written notification of billboard or banner advertisement must specify the contents, time and place of advertisement and the quantity of billboards or banners.

2. A copy of the business registration certificate of the advertising service provider or of the business registration certificate of the advertiser in case of self-advertising.

3. Copies of documents proving the standard or regulation conformity of products, goods or services in accordance with law, or of papers proving the satisfaction of the advertising conditions specified in Article 20 of this Law.

4. A copy of the event organization document of the organizer for advertisements for events or social policies.

5. The color design layout of the advertisement bearing the signature of the advertising service provider or the advertiser in case of self-advertising. For institutional advertising service providers or advertisers, their seals are required.

6. Documents evidencing the ownership or the right to use the billboards; the ownership or the right to use the advertising locations for banners.

7. The perspective drawing of the billboard location.

8. A copy of the license to build advertising constructions, for billboards subject to construction license in accordance with Clause 2, Article 31 of this Law.

Article 30. Procedures for notifying billboard and banner advertisements

1. An organization or individual wishing to advertise on billboards or banners shall send a dossier of advertisement notification to the local competent agency in charge of advertising 15 days before the advertisement.

2. If there is no reply within 5 working days from the date the local competent agency in charge of advertising confirms the dossier receipt, the organization or individual may make the notified advertisement. In case of disapproval, the local competent agency in charge of advertising shall issue a written reply clearly stating the reason.

Article 31. Licensing of advertising constructions

1. The construction of outdoor advertising screens, signboards, independent billboards or billboards attached to existing constructions must comply with this Law, other relevant laws and the local outdoor advertising master plan.

2. The construction of outdoor advertising screens, signboards, independent billboards or billboards attached to existing constructions must be licensed by local competent agencies in charge of construction in the following cases:

a/ Building outdoor advertising screens with each side of 20 m2 or larger;

b/ Building advertising signboards or billboards with each side of over 20 m2, with metal structures or similar building materials and attached to existing constructions;

c/ Building independent billboards with each side of 40 m2 or larger.

3. A dossier of application for an advertising construction license comprises:

a/ An application for an advertising construction license;

b/ A copy of the business registration certificate of the applicant;

c/ A certified copy of any of the following papers: the land use rights certificate, the written agreement on or contract for land lease in accordance with the land law for independent advertising constructions; the location lease contract between the investor of the advertising construction and the lawful owner or user, for advertising constructions attached to existing constructions, or the written bid winning notice, for advertising locations subject to bidding included in the master plan;

d/ The written agreement or the contract between the investor of the advertising construction and the owner or the person authorized to manage the existing construction, for advertising constructions attached to existing constructions;

e/ The design drawing made by a lawful design organization showing the layout plan, cross section, elevation and the foundation projection of the construction bearing the signature and seal of the advertising construction investor. For advertising constructions attached to existing constructions, the design drawing must demonstrate the solution to connect the advertising construction and the existing constructions.

4. The order and procedures for granting an advertising construction license are as follows:

a/ The applicant for an advertising construction license shall submit a dossier to the local competent agency in charge of construction;

b/ For advertising locations within the advertising master plan approved by the provincial-level People’s Committee, the local competent agency in charge of construction shall grant an advertising construction license within 15 days after receiving the valid dossier. If refusing to grant a license, such agency shall issue a written reply clearly stating the reason;

c/ In case the advertising master plan is not yet approved, the local competent agency in charge of construction shall send written requests for opinion to relevant agencies within 2 working days after receiving the valid dossier. Within 5 working days after receiving the written request for opinion from the local competent agency in charge of construction, the relevant agencies shall send their written replies to the former. Within 13 days after receiving the opinions of the relevant agencies, the local competent agency in charge of construction shall grant an advertising construction license. If refusing to grant a license, such agency shall issue a written reply clearly stating the reason.

Article 32. Advertising on means of transport  

1. The advertising on means of transport must comply with this Law and the traffic law.

2. Advertisements must not be displayed on the front, the rear and the roof of the means of transport. The advertisement area must not exceed 50% of the area of each permitted side of the means of transport. The display of symbols and logos of owners or companies of means of transportation on their means of transport must comply with the traffic law.

Article 33. Advertisements using loudspeakers and similar forms

1. Advertisements using loudspeakers and similar forms at fixed locations must comply with the following provisions:

a/ The noise level must not exceed the permissible level provided by the environmental law;

b/ It is prohibited to advertise at offices of agencies, armed forces units, schools and hospitals;

c/ It is prohibited to advertise on the public addressing system serving political duties of communes, wards or townships.

2. It is prohibited to advertise by loudspeakers attached to means of transport and other movable means in inner cities and towns.

Article 34. Signboards of producers and traders

1. A signboard must have the following contents:

a/ The name of the direct managing agency (if any);

b/ The name of the production or trading establishment as indicated in its business registration certificate;

c/ The address and phone number.

2. The text on the signboard must comply with Article 18 of this Law.

3. The signboard sizes are specified as follows:

a/ For horizontal signboards, the maximum height is 2 meters (m) and the width must not exceed that of the house front;

b/ For vertical signboards, the maximum width is 1 meter (m), the maximum height is 4 meters (m) but must not exceed the height of the house story at which the signboard is placed.

4. The signboard must neither block the emergency exit and fire fighting space, nor occupy the pavement and roadbed or affect public traffic.

5. The positions of signboards must comply with this Law and the technical regulations promulgated by competent agencies.

Section 5

ADVERTISEMENTS IN CULTURAL AND SPORTS PROGRAMS, CONFERENCES, SEMINARS, FAIRS, EXHIBITIONS, EVENTS, ADVERTISING PERFORMER TEAMS AND OBJECTS OF ADVERTISEMENT

Article 35. Advertisements in cultural and sports programs

1. Advertisements in cultural and sports programs must comply with the laws on performing arts, physical training and sports.

2. Advertisements must not be put at the same height or higher than the program symbol, logo or name; the font size on advertisements must not exceed one half of the font size of the program name.

3. Advertisements on stage must ensure the scenery and must not block the audience’s vision.

4. Advertisements in stadiums, competition halls or places where sports events take place must not hide the national flag, the national emblem, the leader pictures, the professional instruction boards and the audience’s vision; must not affect the training, competitions and performances of athletes, trainers’ instructions and the performance of organizers, referees, guides, medical staff and attendants.

Article 36. Advertising performer teams, conferences, seminars, fairs, exhibitions, events and objects of advertisement

1. An advertising performer team shall comply with the following provisions:

a/ An advertising performer team is composed of 3 or more people who wear costumes or carry pictures and items showing the advertisements at a fixed place or travel down the street or road;

b/ An advertising performer team must ensure traffic order and safety and social safety; observe the advertising law and other relevant laws;

c/ The organizer of an advertising performer team shall notify the local competent agency in charge of advertising of the contents and form of the advertisements, the number of the team’s members and the time and route at least 15 days before the date of the advertisement.

Within 15 days after receiving the notification, if disapproving, the local competent agency in charge of advertising shall issue a written reply clearly stating the reason. If there is no written reply after this time limit, the organizer of the advertising performer team may organize the notified advertisement.

2. Seminars, conferences, events, exhibitions, advertisement conveyors, objects of advertisement and other media of advertising must comply with this Law and other relevant laws and ensure the urban scenery, landscape, traffic and social order and safety.

Section 6

OUTDOOR ADVERTISING PLANNING

Article 37. Contents and principles of outdoor advertising planning

1. Outdoor advertising planning must specify locations, designs, sizes, materials and quantities of the media of advertising along national highways, provincial roads and district roads and in inner cities and towns.

2. The formulation of an outdoor advertising master plan must abide by the following principles:

a/ Compliance with the advertising, construction and traffic laws and other relevant laws;

b/ Conformity with the local construction master plan, ensuring the urban scenery, traffic safety and social order and safety;

c/ Assurance of stability, publicity, transparency and feasibility;

d/ Assurance of consistency and harmony among the localities at the intersections on national highways and provincial roads;

e/ Prioritization of advertising locations consistent with the existing master plan; if the implementation or adjustment of the master plan causes damage to organizations and individuals, the master plan-approving agency shall organize compensation in accordance with law;

f/ Consultation with organizations and individuals engaged in advertising activities and with the people.

3. The Government shall stipulate in detail the dossier and the procedures for formulating, approving, implementing and adjusting advertising master plans.

Article 38. Responsibilities for formulating, and guiding the implementation of, outdoor advertising master plans

1. Provincial-level People’s Committees shall:

a/ Formulate and approve local outdoor advertising master plans within 12 months from the effective date of this Law;

b/ Adjust advertising master plans periodically in conformity with local development;

c/ Post the master plan documents and detailed drawings at the offices of People’s Committees at all levels and announce them in local mass media;

d/ Guide, urge and inspect the implementation of outdoor advertising master plans.

2. The Ministry of Construction shall:

a/ Promulgate technical regulations on outdoor media of advertising within 6 months from the effective date of this Law;

b/ Coordinate with the Ministry of Culture, Sports and Tourism, the Ministry of Transport and related ministries in guiding the localities to develop their advertising master plans under the technical regulations promulgated by the Ministry of Construction.

Chapter IV

FOREIGN-INVOLVED ADVERTISING

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 operations in Vietnam in accordance with this Law.

2. Foreign organizations and individuals not operating in Vietnam and wishing to advertise their products, goods, services and operations in Vietnam shall hire advertising service providers in Vietnam to do so.

Article 40. Foreign investment and cooperation in advertising

1. Foreign organizations and individuals may cooperate with Vietnamese advertising service providers through joint ventures or business cooperation contracts.

2. Foreign investment and cooperation in advertising must comply with the investment law.

Article 41. Vietnam-based representative offices of foreign advertising enterprises

1. Foreign advertising enterprises may establish representative offices in Vietnam.

2. A representative office may operate after obtaining a license from the provincial-level People’s Committee in which the foreign enterprise requests establishment of a representative office.

3. A representative office may promote advertising but not directly provide advertising services.

4. The Government shall stipulate in detail the competence, dossier and order and procedures for licensing the establishment of representative offices of foreign advertising enterprises in Vietnam.

Chapter V

IMPLEMENTATION PROVISIONS

Article 42. Effect

This Law takes effect on January 1, 2013.

November 16, 2001 Ordinance No. 39/2001/PL-UBTVQH10 on Advertising ceases to be effective on the date this Law takes effect.

Article 43. Implementation detailing and guidance

The Government and competent agencies shall detail and guide the implementation of articles and clauses as assigned in this Law.

This Law was passed on June 21, 2012, by the XIII^th National Assembly of the Socialist Republic of Vietnam at its 3^rd session.-

Chairman of the National Assembly
NGUYEN SINH HUNG