Joint Circular No. 06/2007/TTLT-BVHTT-BYT-BNN-BXD guiding the procedures for issuing one-stop interlinked advertising permits

JOINT CIRCULAR

Guidelines for the Procedures for Issuing One-Stop Interconnected Advertising Permits

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Based on the Advertising Ordinance dated November 16, 2001;

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

The Ministry of Culture, Sports and Tourism, the Ministry of Health, the Ministry of Agriculture and Rural Development, and the Ministry of Construction provide guidelines for the procedures for issuing one-stop interconnected advertising permits as follows:

Section 1

GENERAL PROVISIONS

This Circular applies to units under the Ministry of Education and Training; departments of education and training, education and training divisions; preschool education institutions, general education institutions, regular education institutions, teacher training colleges, college of education, universities, universities, academies, other educational institutions, and related organizations and individuals (hereinafter referred to collectively as agencies and units).

1.1. This Circular guides the dossier, procedures, and process for issuing advertising permits for advertisements on boards, signs, posters, banners, illuminated objects, aerial objects, underwater objects, transportation vehicles, and other mobile objects within the licensing authority of the Department of Culture, Sports and Tourism.

1.2. This Circular applies to Vietnamese organizations and individuals; foreign organizations and individuals (hereinafter referred to collectively as organizations and individuals) requesting advertising permits for advertisements on the territory of Vietnam.

2. Requirements for issuing advertising permits

2.1. Simplified administrative procedures that are clear and transparent;

2.2. Publicly posting regulations regarding the dossier, procedures, process, time frame, fees, and charges for requesting advertising permits at the reception area of the Department of Culture, Sports and Tourism;

2.3. Receiving dossiers and delivering results at the Department of Culture, Sports and Tourism;

2.4. Ensuring prompt, convenient, and timely processing of applications.

In this technical regulation, the following terms are understood as follows:

Some terms in this Circular are understood as follows:

3.1. Common goods and services specified in Points 3.1 and 3.2 Clause 3 Section II of this Circular are those not falling under the health, agriculture, and rural development sectors.

3.2. Copies of the documents stipulated in Point 1.2; Subpoints b, c, d, đ of Point 1.5; Subpoints a, b, c, d of Point 1.6 Clause 1 Section II of this Circular must be certified true copies signed by the individual applying for the advertising permit or signed and stamped if the applicant is an organization, or they may be notarized copies.

Section 2

Dossier, PROCEDURES, AND PROCESS FOR ISSUING ADVERTISING PERMITS

TO IMPLEMENT ADVERTISEMENTS

1. Dossier for requesting an advertising permit

1.1. Application form for an advertising permit (Annex 1);

1.2. Copy of the Business Registration Certificate of the organization or individual requesting the advertising permit;

1.3. Copy of documents proving the compliance of the goods with quality standards and technical requirements as prescribed by laws on product quality;

1.4. Sample (mock-up) of the advertised product printed in color with the signature of the individual applying for the permit or stamped if the applicant is an organization (two copies);

1.5. For advertising goods and services in the health sector, the documents stipulated in Points 1.1, 1.2, and 1.4 Clause 1 Section II of this Circular must be submitted, along with one of the following types of documents depending on the type of goods or service:

a) For advertising human-use drugs; vaccines, medical products; chemicals, insecticides, bactericides for household and medical use; food and food additives, there must be a Receipt of Advertisement Submission Form issued by relevant agencies under the Ministry of Health according to Point a Clause 2 Section III of Joint Circular No. 01/2004/TTLT-BVHTT-BYT dated January 12, 2004 of the Ministry of Culture, Sports and Tourism and the Ministry of Health.

b) For advertising medical examination and treatment services provided by foreign-invested medical facilities; or by facilities with foreign doctors directly providing modern medicine, traditional medicine, plastic surgery, and rehabilitation services within the jurisdiction, there must be a copy of the valid Practice License issued by the Ministry of Health or the Department of Health.

c) For advertising medical equipment produced or traded by foreign-invested enterprises; imported medical equipment; and medical equipment produced or traded domestically, there must be copies of technical documents (if in a foreign language, they must be translated into Vietnamese) issued by the manufacturer and accepted or approved for circulation by the medical equipment management agency of the producing country.

d) For advertising food and food additives not covered by Subpoint a Point 1.5 Clause 1 Section II of this Circular, there must be copies of the standard basis and the Receipt of Food Safety and Quality Standard Announcement from competent health authorities.

đ) For advertising domestic-produced cosmetics, there must be copies of the Product Quality Declaration Acceptance Form and the Product Quality Declaration. For imported cosmetics, there must be copies of the Cosmetics Circulation Permit and the Cosmetics Circulation Registration File from competent health authorities.

1.6. For advertising goods and services in the agricultural and rural development sector, the documents stipulated in Points 1.1, 1.2, and 1.4 Clause 1 Section II of this Circular must be submitted, along with one of the following types of documents:

a) For advertising plant protection chemicals, raw materials for plant protection chemicals, beneficial organisms for plant protection, and plant protection supplies, there must be copies of the Registration Certificate, Usage Instructions, and Special Warnings.

b) For advertising veterinary drugs, there must be copies of the Product Circulation Permit and a Summary of Product Characteristics.

c) For advertising crop and livestock seeds, seedlings, and breeding stock, there must be copies of the Import Seed Certification.

d) For advertising fertilizers and biological products for crop cultivation; animal feed, raw materials for animal feed production, and biological products for animal husbandry, there must be copies of the Product Quality Certification or a self-declaration of product quality.

1.7. In cases where advertising is conducted on boards, signs, or posters requiring construction permits, these permits can be replaced by an agreement from the Department of Construction. In addition to the documents stipulated in one of Points 1.1, 1.2, 1.3, 1.4, 1.5, or 1.6 Clause 1 Section II of this Circular, the following additional documents must also be submitted:

a) A certified copy of one of the land use rights documents as prescribed by the Law on Land.

b) In the case of land leasing, the investor constructing the advertising structure must have a written agreement or a copy of the land lease contract with the lawful land user, bearing the signature and seal of the investor constructing the advertising structure; in the case where the advertising structure is attached to an existing structure, there must be a written agreement or contract between the investor constructing the advertising structure and the owner or the person entrusted with the management rights of the existing structure.

c) The design drawings must show the plan view, section, and typical elevation; the foundation plan of the structure must bear the signature and seal of the investor constructing the advertising structure. In the case where the advertising structure is attached to an existing structure, the design drawings must show the connection solution for attaching the advertising structure to the existing structure.

2. Procedure for accepting applications

Organizations and individuals wishing to obtain an Advertising Implementation Permit shall submit their application directly to the Department of Culture and Information. After receiving all required documents as stipulated in Clause 1, Section II of this Circular, the Department of Culture and Information will issue a receipt for the application (Annex 2) and record it in the Application Receipt Book (Annex 3).

3. Licensing procedure for advertising implementation

3.1. For ordinary goods and services advertisements and medical products specified in Subpoint a, Point 1.5, Clause 1, Section II of this Circular on media such as banners, luminous objects, aerial structures, underwater structures, transportation means, and other mobile objects, the following provisions apply:

Within five working days from the date recorded in the Application Receipt Book, the Department of Culture and Information shall issue the Advertising Implementation Permit (Annex 4). In cases where the permit is not issued, a written response must be given to the organization or individual applying for the permit, stating the reasons.

3.2. For ordinary goods and services advertisements and medical products specified in Subpoint a, Point 1.5, Clause 1, Section II of this Circular on media such as boards, signs, and billboards, the following provisions apply:

Within two working days from the date recorded in the Application Receipt Book, the Department of Culture and Information shall classify the application and send the documents specified in Subpoints a, b, and c, Point 1.7, Clause 1, Section II of this Circular and the request for agreement (Annex 5) directly or through postal service to the Department of Construction.

Upon receiving the complete application, the Department of Construction will issue a receipt for the application (Annex 2). Within ten working days from the date of receipt of these documents, the Department of Construction will review the application but will not directly issue a Construction Permit. Instead, it will provide a written response to the Department of Culture and Information, either approving or disapproving the issuance of the permit (Annex 6). The approved contents will be reflected in the permit issued by the Department of Culture and Information. If disapproved, a written response must be given to the Department of Culture and Information, stating the reasons.

Upon receiving the approval document from the Department of Construction, within three working days, the Department of Culture and Information shall issue the Advertising Implementation Permit.

3.3. For advertisements of medical products specified in Subpoints b, c, d, đ, Point 1.5, Clause 1, Section II of this Circular or agricultural and rural development products on media such as banners, luminous objects, aerial structures, underwater structures, transportation means, and other mobile objects, the following provisions apply:

Within two working days from the date recorded in the Application Receipt Book, the Department of Culture and Information shall classify the application and send a sample (makét) specified in Point 1.4 and one of the documents specified in Subpoints b, c, d, đ, Point 1.5, Clause 1, Section II of this Circular to the Department of Health, or send a sample (makét) specified in Point 1.4 and one of the documents specified in Point 1.6, Clause 1, Section II of this Circular to the Department of Agriculture and Rural Development.

Upon receiving the complete application, the Department of Health or the Department of Agriculture and Rural Development shall issue a receipt for the advertisement registration application. Within ten working days from the date recorded on the receipt, if the Department of Health or the Department of Agriculture and Rural Development does not issue a document requesting modifications or supplements, the Department of Culture and Information shall issue the Advertising Implementation Permit based on the registered application.

If a document requesting modifications or supplements is issued, the application process for the Advertising Implementation Permit will be restarted according to the provisions in Clauses 2 and 3, Section II of this Circular.

3.4. For advertisements of medical products specified in Subpoints b, c, d, đ, Point 1.5, Clause 1, Section II of this Circular or agricultural and rural development products on media such as boards, signs, and billboards, the following provisions apply:

Within two working days from the date recorded in the Application Receipt Book, the Department of Culture and Information shall classify the application and perform the following tasks:

- Send the documents specified in Subpoints a, b, and c, Point 1.7, Clause 1, Section II of this Circular to the Department of Construction and follow the procedures specified in Point 3.2, Clause 3, Section II of this Circular;

- Send a sample (makét) specified in Point 1.4 and one of the documents specified in Subpoints b, c, d, đ, Point 1.5, Clause 1, Section II of this Circular to the Department of Health, or send a sample (makét) specified in Point 1.4, Clause 1 and one of the documents specified in Point 1.6, Clause 1, Section II of this Circular to the Department of Agriculture and Rural Development, and follow the procedures specified in Point 3.3, Clause 3, Section II of this Circular.

Upon receiving the responses from the Departments of Construction, Health, Agriculture, and Rural Development, within three working days, the Department of Culture and Information shall issue the Advertising Implementation Permit.

3.5. Organizations and individuals applying for an Advertising Implementation Permit must pay the fee directly at the Department of Culture and Information as follows:

a) The fee for issuing an Advertising Implementation Permit is regulated by Circular No. 67/2004/TT-BTC dated July 7, 2004, of the Ministry of Finance.

b) Fees for examination and issuance of the Registration Certificate for advertising registration applications for goods and services in the healthcare sector in accordance with Decision No. 44/2005/QD-BTC dated July 12, 2005 of the Ministry of Finance on the collection, payment, management, and use of fees for examining standards and conditions for medical and pharmaceutical practice, license issuance fees for export and import, and certificates of medical and pharmaceutical practice, and Decision No. 80/2005/QD-BTC dated November 17, 2005 of the Ministry of Finance on the level of collection, payment, management, and use of fees and charges for managing food safety and hygiene quality.

c) Fees for examination and issuance of the Registration Certificate for advertising registration applications for goods and services in the agriculture and rural development sector; fees for examination of construction projects in accordance with the provisions of laws on fees and charges.

Section 3

IMPLEMENTATION PROVISIONS

1. Organization of Implementation

1.1. Responsibilities of Ministries:

The Ministry of Culture, Sports and Tourism within its functions and duties shall be responsible for leading and coordinating with the Ministry of Health, the Ministry of Agriculture and Rural Development, the Ministry of Construction, and other relevant ministries to manage advertising nationwide.

1.2. Responsibilities of Provincial People's Committees and Municipal People's Committees directly under the Central Government:

Provincial People's Committees and Municipal People's Committees directly under the Central Government shall be responsible for directing competent departments to implement a one-stop service for advertising permit issuance in accordance with the guidelines set out in this Circular, ensuring speed, accuracy, and convenience for organizations and individuals applying for permits; regularly urging and inspecting to prevent negative phenomena during the permit issuance process.

1.3. Responsibilities of Departments:

a) The Department of Culture, Sports and Tourism within its functions and duties shall be responsible for leading and coordinating to issue Advertising Implementation Permits for organizations and individuals; collecting fees and charges as stipulated in Point 3.5 Clause 3 Section II of this Circular and transferring them to relevant departments; serving as the point of contact for complaints and reports from organizations and individuals during the advertising permit issuance process;

b) The Department of Health within its functions and duties shall be responsible for coordinating with the Department of Culture, Sports and Tourism to receive application files, examine, and issue the Registration Certificate for advertising registration applications within the prescribed time limit as stipulated in this Circular; resolving complaints and reports from organizations and individuals regarding the receipt of advertising application files for goods and services within their jurisdiction and responding to organizations and individuals in accordance with the law on complaints and reports;

c) The Department of Agriculture and Rural Development within its functions and duties shall be responsible for coordinating with the Department of Culture, Sports and Tourism to receive application files and issue the Registration Certificate for advertising registration applications within the prescribed time limit as stipulated in this Circular; resolving complaints and reports from organizations and individuals regarding the receipt of advertising application files in the agriculture and rural development sector and responding to organizations and individuals in accordance with the law on complaints and reports;

d) The Department of Construction within its functions and duties shall be responsible for coordinating with the Department of Culture, Sports and Tourism to receive application files and issue agreements within the prescribed time limit as stipulated in this Circular; resolving complaints and reports from organizations and individuals regarding the agreement contents related to advertising construction projects and responding to organizations and individuals in accordance with the law on complaints and reports.

2. Inspection, Supervision, and Handling of Violations

2.1. Specialized inspection agencies in culture, sports and tourism, health, agriculture and rural development, and construction within their respective sectors' management responsibilities shall be responsible for inspecting and supervising the construction of advertising structures and the advertising of goods and services within their sectors' management scope; handling violations according to their authority.

2.2. Organizations and individuals engaged in advertising who violate the provisions of this Circular will be subject to administrative penalties, compensation for damages, or criminal prosecution depending on the nature and severity of the violation, in accordance with the law.

3. Effectiveness of the Circular

3.1. This Circular shall take effect fifteen days after its publication in the Official Gazette;

3.2. Abolish the following provisions:

- Clause 3 Section 3 and Appendices 2, 3, 4, 5 of Circular No. 43/2003/TT-BVHTT dated July 16, 2003 of the Ministry of Culture, Sports and Tourism guiding the implementation of Decree No. 24/2003/NĐ-CP dated March 13, 2003 of the Government detailing the implementation of the Advertising Ordinance;

- Part of Clause 5 of Circular No. 79/2005/TT-BVHTT dated December 8, 2005 of the Ministry of Culture, Sports and Tourism amending and supplementing certain provisions of Circular No. 43/2003/TT-BVHTT dated July 16, 2003 of the Ministry of Culture, Sports and Tourism, specifically: "In cases of advertising promotional programs, the presentation of a document accepting the content of the promotional program from the competent state agency for trade activities in accordance with the law on trade activities must be provided."

- Part of Point g Clause 9 of Circular No. 79/2005/TT-BVHTT dated December 8, 2005 of the Ministry of Culture, Sports and Tourism, specifically: "For advertising promotional programs, a document accepting the registration of the content of the promotional program from the competent state agency for trade activities in accordance with the law on trade activities must be provided."

- Provisions on advertising registration files and procedures for reviewing advertising registration files for certain types of goods and services including: medical examinations, treatments, medical equipment; cosmetics affecting human health at Clause 1, 2, Clause 4 Section III of Circular No. 01/2004/TTLT-BVHTT-BYT dated January 12, 2004 of the Ministry of Culture, Sports and Tourism and the Ministry of Health guiding advertising activities in the healthcare sector;

- Points b, c Clause 2; Clause 4; Clause 6 Section III of Circular No. 96/2004/TTLT/BVHTT-BNN&PTNT dated November 3, 2004 of the Ministry of Culture, Sports and Tourism and the Ministry of Agriculture and Rural Development guiding advertising for certain goods in the agriculture and rural development sector.

3.3. In cases where the content guiding the issuance of permits for advertising goods and services in the fields of healthcare, agriculture, and rural development, and the agreements for constructing advertising structures, as well as other annexes issued together with this Circular, differ from the content guided and the annexes issued together with Circular No. 43/2003/TT-BVHTT dated July 16, 2003, of the Ministry of Culture, Sports and Tourism, then the guidance and annexes issued together with this Circular shall be applied./.