Joint Circular No. 03/2005/TTLT-BVHTT-UBTDTT guiding advertising activities in the field of physical education and sports

JOINT CIRCULAR

Guidelines on advertising activities in the field of sports and physical training

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Based on the Advertising Ordinance dated November 16, 2001;

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

Pursuant to Decree No. 24/2003/NĐ-CP dated March 13, 2003 of the Government detailing the implementation of the Advertising Ordinance;

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

Pursuant to Decree No. 22/2003/NĐ-CP dated March 11, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Sports and Physical Training Committee;

The Ministry of Culture and Information and the Sports and Physical Training Committee hereby issue guidelines on advertising activities in the field of sports and physical training for uniform implementation as follows,

Section 1:

GENERAL PROVISIONS

1. These Circulars provide guidance on advertising activities in the field of sports and physical training in Vietnam, including advertising through sports and physical training activities, advertising at locations where such activities take place, and advertising about sports and physical training activities.

a. Advertising through sports and physical training activities refers to advertising on the uniforms of athletes, coaches, referees, organizing committees, service personnel, and on equipment and facilities serving sports and physical training activities;

b. Advertising at locations of sports and physical training activities refers to advertising within stadiums, swimming pools, gymnasiums, shooting ranges, race tracks, and other venues serving sports and physical training activities;

c. Advertising about sports and physical training activities refers to advertising about sports disciplines, sports competitions, sports performances, and other sports events.

2. Organizations and individuals engaged in advertising activities in the field of sports and physical training must comply with the provisions of the Advertising Ordinance, the Sports and Physical Training Ordinance, relevant laws, and the provisions of this Joint Circular.

3. Prohibited advertising behaviors in the field of sports and physical training include:

a. Advertising using images of athletes during the period they are being pursued for criminal responsibility;

b. Advertising prohibited sports disciplines;

c. Advertising prohibited training methods;

d. Advertising on the competition uniforms of national sports teams when participating in official international competitions, except for displaying the logo or trademark of the uniform manufacturer;

đ. Advertising in areas of performance that obstruct the national flag, national emblem, portraits of leaders, or technical instruction boards;

e. Advertising that obstructs the view of spectators, affects athletes' training, competition, or performance, interferes with coaches' instructions, or impedes the duties of organizing committees, referees, technical staff, medical personnel, or service personnel;

g. Advertising that does not conform to the content, time, or location of registered or permitted competitions or performances;

h. Advertising that contravenes the rules and regulations of each sport's competition.

Section 2:

 SPECIFIC PROVISIONS

1. Advertising through sports and physical training activities does not require a permit to implement advertising, but the entity conducting the advertising must be responsible for the content and form of the advertisement and must comply with the legal provisions on advertising.

2. Advertising at locations of sports and physical training activities or advertising about sports and physical training activities on boards, signs, banners, screens, illuminated objects, airborne or underwater objects, transportation vehicles, or other mobile objects requires obtaining a Permit to Implement Advertising from the Department of Culture and Information at the location where the advertising will be implemented. Boards, signs, banners attached to vehicles accompanying cycling, sailing, motorbike, or car races only need to obtain a permit to implement advertising from the Department of Culture and Information at the first departure point.

3. Advertising on publications serving sports and physical training activities (tickets, invitations, and other publications) does not require a Permit to Implement Advertising. The entity conducting the advertising must be responsible for the content and form of the advertisement on these publications.

4. The application dossier and procedures for obtaining a permit to implement advertising shall be carried out in accordance with the provisions of Section III of Circular No. 43/2003/TT-BVHTT dated July 16, 2003 of the Ministry of Culture and Information guiding the implementation of Decree No. 24/2003/NĐ-CP. For advertising related to sports competitions and performances, it must also be accompanied by a Decision of the competent state agency permitting the organization of the competition or performance.

Section 3:

IMPLEMENTATION

1. The Ministry of Culture, Sports and Tourism and the Sports Steering Committee shall be responsible for coordinating to implement state management over advertising in the field of sports within their respective duties and authorities.

2. The Sports Inspectorate and the Cultural and Information Inspectorate shall independently or jointly organize inspections and audits regarding advertising in the field of sports within their assigned functions and tasks, and handle violations according to the provisions of the law.

3. Organizations and individuals who violate the provisions of this Circular, depending on the nature and severity of the violation, may be subject to administrative penalties or criminal liability pursued, and if damage is caused, they must compensate according to the provisions of the law.

Section 4:

IMPLEMENTING PROVISIONS

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

2. Previous regulations issued by the Ministry of Culture, Sports and Tourism and the Sports Steering Committee guiding advertising in the field of sports that conflict with this Joint Circular shall be abolished.

3. In case of difficulties during implementation, please report to the Ministry of Culture, Sports and Tourism and the Sports Steering Committee for research and resolution.