Joint Circular No. 06/2007/TTLT guiding the procedures for issuing a single-window interlinked advertising permit

JOINT CIRCULAR

Guidelines for the procedure to issue permits for advertising under a single window system

 

Pursuant to the Advertising Ordinance dated November 16, 2001;

Pursuant to Decree No. 24/2003/ND-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 hereby provide guidelines for the procedure to issue permits for advertising under a single window system as follows:

 

Section I

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. These Circulars guide on the dossier, procedures, and process for issuing permits for advertising on boards, signs, posters, banners, illuminated objects, objects in the air or underwater, means of transportation, and other mobile objects within the licensing authority of the Department of Culture, Sports and Tourism.

1.2. These Circulars apply to Vietnamese organizations and individuals; foreign organizations and individuals (hereinafter referred to collectively as organizations and individuals) requesting permits to conduct advertising activities within the territory of Vietnam.

2. Requirements for issuing advertising permits

2.1. Administrative procedures must be simple and clear;

2.2. Publicly display regulations on 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. Accept and deliver results at the Department of Culture, Sports and Tourism;

2.4. Ensure 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. Goods and services specified in Points 3.1 and 3.2, Clause 3, Section II of this Circular are those not related to the health, agriculture, and rural development sectors.

3.2. Copies of the documents stipulated in Point 1.2; Subparagraphs b, c, d, đ of Point 1.5; Subparagraphs a, b, c, d of Point 1.6, Clause 1, Section II of this Circular shall be copies made and signed by the individual requesting the permit or signed and stamped by the organization if the applicant is an organization, or certified copies.

PART II

Dossier, Procedures, and Process for Issuing Permits for Advertising

1. Dossier for Requesting Advertising Permit

1.1. Application form for requesting 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 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 requesting the permit or stamped if the applicant is an organization (two copies);

1.5. For advertising goods and services in the health sector, in addition to the documents stipulated in Points 1.1, 1.2, and 1.4, Clause 1, Section II of this Circular, the following documents must also be provided depending on the type of goods or services:

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 registration from relevant agencies under the Ministry of Health as prescribed in Subpoint a, Clause 2, Section III of Joint Circular No. 01/2004/TTLT/BVHTT-BYT dated January 12, 2004 issued by the Ministry of Culture, Sports and Tourism and the Ministry of Health.

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

c) For advertising medical equipment of foreign-invested medical equipment production and trading enterprises; imported medical equipment, and medical equipment of domestic production and trading enterprises, 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 permitted for circulation by the medical equipment management agency of the producing country.

d) For advertising food and food additives not covered by Subpoint a of Point 1.5, Clause 1, Section II of this Circular, there must be copies of the basic standards and the receipt of application for publication of food safety and hygiene standards from competent health authorities.

đ) For advertising domestically produced cosmetics, there must be copies of the Product Quality Declaration Receipt 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 agriculture and rural development sector, in addition to the documents stipulated in Points 1.1, 1.2, and 1.4, Clause 1, Section II of this Circular, one of the following types of documents must also be provided:

a) For advertising plant protection chemicals, raw materials for plant protection chemicals, beneficial organisms for plant protection, and plant protection materials, 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 the product characteristics.

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

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 goods and services on boards, signs, and posters requires construction permits, these permits may be replaced by a written 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 documents must also be provided:

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 lease, the project investor for advertising construction 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 advertising construction project investor; in the case where the advertising construction is attached to an existing construction, there must be a written agreement or contract between the advertising construction project investor and the owner or manager of the existing construction.

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

2. Procedure for receiving application files

Organizations and individuals requesting to obtain an Advertising Implementation Permit shall submit their application directly at 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 file (Annex 2) and record it in the Application File Register (Annex 3).

3. Licensing procedure for advertising implementation

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

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

Upon receiving the complete application files, the Department of Construction will issue a receipt for the application file (Annex 2). Within ten working days from the date of receipt of these documents, the Department of Construction will review the application files 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 provided 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 health-related goods and services advertisements specified in Items b, c, d, đ, Point 1.5, Clause 1, Section II of this Circular or agricultural and rural development-related goods and services on media such as banners, luminous objects, aerial objects, underwater objects, transportation means, and other mobile objects, the following provisions apply:

Within two working days from the date recorded in the Application File Register, the Department of Culture and Information shall classify the application files and send a sample (makét) specified in Point 1.4 and one of the documents specified in Items 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 files, the Department of Health or the Department of Agriculture and Rural Development shall issue an Application Receipt for Advertisement Registration. 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 requiring amendments or supplements, the Department of Culture and Information shall issue the Advertising Implementation Permit based on the registered application files. If there is a document requiring amendments or supplements, the application file acceptance process for issuing the Advertising Implementation Permit will be restarted according to the provisions in Clauses 2 and 3, Section II of this Circular.

In the case of a request for amendment or supplementation as set out in a document, the procedure for receiving applications for advertising permits shall be restarted from the beginning in accordance with Clauses 2 and 3 of Section II of this Circular.

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

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

- Send the documents specified in Items 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 Items 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) The fee for examination and issuance of the Registration Certificate for advertising registration applications for goods and services in the healthcare sector as prescribed in 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 certification fees for 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 hygiene and safety quality.

c) The fee for examination and issuance of the Registration Certificate for advertising registration applications for goods and services in the agriculture and rural development sector; the fee for examination of construction projects shall be implemented in accordance with the provisions of the law on fees and charges.

Section III

IMPLEMENTING PROVISIONS

1. Organization of Implementation

1. 1. Responsibilities of Ministries:

The Ministry of Culture, Sports and Tourism within its functions and tasks is 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 directly under the Central Government:

Provincial People's Committees directly under the Central Government are responsible for directing competent departments to implement a one-stop service for advertising permit issuance according to 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 tasks is 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 permit issuance process for advertising implementation;

b) The Department of Health within its functions and tasks is responsible for coordinating with the Department of Culture, Sports and Tourism to receive applications, examine, and issue the Registration Certificate for advertising registration applications within the time limit prescribed in this Circular; resolving complaints and reports from organizations and individuals regarding the receipt of advertising application forms 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 tasks is responsible for coordinating with the Department of Culture, Sports and Tourism to receive applications and issue the Registration Certificate for advertising registration applications within the time limit prescribed in this Circular; resolving complaints and reports from organizations and individuals regarding the receipt of advertising application forms 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 tasks is responsible for coordinating with the Department of Culture, Sports and Tourism to receive applications and issue agreements within the time limit prescribed in this Circular; resolving complaints and reports from organizations and individuals regarding the agreement contents on 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 are 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 liability追究刑事责任，根据法律规定。

3. Effectiveness of the Circular

3. 1. This Circular takes 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 the content 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 some 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 content of the promotional program must be presented to the competent state agency for trade management in accordance with the law on trade activities";

- Part of the content 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, the registration content of the promotional program must be presented to the competent state agency for trade management in accordance with the law on trade activities";

- Provisions on advertising registration applications and procedures for reviewing advertising registration applications for certain types of goods and services including: medical examinations and 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. 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 guiding 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.