Circular No. 07/1998/TT-BVHTT amends and supplements Article 5 of Circular No. 37/VHTT-TT dated July 1, 1995 guiding the implementation of Decree No. 194/CP dated December 31, 1994 of the Government on "Advertising Activities on the Territory of Vietnam."

CIRCULAR

Amending and supplementing Article 5 of Circular No. 37/VHTT-TT dated July 1, 1995 guiding the implementation of Decree No. 194/CP dated December 31, 1994 of the Government on "Advertising Activities within the Territory of Vietnam"

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Pursuant to Article 58 of the Law on Legislative Documents dated November 12, 1996;

Pursuant to Decree No. 81/CP dated November 8, 1993 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture and Information;

Pursuant to Clause 4, Article 6 of Decree No. 194/CP stipulating advertising for goods prohibited or restricted from sale or consumption by the State at certain times;

Pursuant to Article 5 of Circular No. 37/VHTT-TT dated July 1, 1995 of the Ministry of Culture and Information guiding the implementation of Decree No. 194/CP of the Government on "Advertising Activities within the Territory of Vietnam."

To help the domestic alcohol industry rise to dominate the market and compete with imported alcohol, after exchanging and reaching consensus with relevant ministries and sectors, the Ministry of Culture and Information amends and guides the implementation of advertising for alcohol products as stipulated in Article 5 of Circular No. 37/VHTT-TT as follows:

I. GENERAL PROVISIONS:

Article 1. Alcohol is a product that the State does not encourage consumption of. Therefore, advertising for alcohol can only be conducted within limited levels and scopes as specifically provided for in this circular.

Article 2. The alcohol products allowed to be advertised under this circular are those legally produced in Vietnam and registered for quality and trademark with competent state management authorities.

II. CONTENT, FORM, SCOPE OF ADVERTISING:

Article 3. Alcohol permitted to advertise must comply with the content provisions set out in Article 3 of Circular No. 37/VHTT-TT dated July 1, 1995 of the Ministry of Culture and Information.

Article 4

1. Domestic alcohol products with an alcohol content of 15 degrees or less may be advertised in print media as follows:

- Print media may advertise only one brand of alcohol per issue. A brand of alcohol may be advertised in no more than five consecutive issues of the same publication during a campaign. Each campaign must be separated by at least seven days for daily publications, three issues for publications released every other day. For publications released weekly or more frequently, each campaign must be separated by at least one issue.

- Radio stations and television channels may advertise one brand of alcohol on one channel per day. Each day shall not exceed two advertisements, and they must be broadcast consecutively during a single campaign period of no more than five days. Each campaign for a brand of alcohol must be separated by at least ten days.

2. Domestic alcohol products with an alcohol content of 16 degrees or higher may only be advertised within the premises of the production enterprise and in the premises of retail outlets but must ensure that people outside the enterprise's premises and retail store cannot read, hear, or see them.

On occasions such as New Year celebrations and the anniversary of the establishment of the enterprise, a congratulatory message to customers and introduction of the name, address, and logo of the enterprise may be published or broadcast once in the media.

3. Advertising for medicinal alcohol and tonic alcohol must comply with the regulations set forth in the "Regulations on Information about Medicines for Humans" issued together with Decision No. 322/BYT dated February 28, 1997 of the Ministry of Health.

4. In addition to the provisions of paragraphs 1, 2, and 3 of this Article, all other forms of advertising for alcohol are strictly prohibited.

III. CONDITIONS AND PROCEDURES FOR IMPLEMENTING ADVERTISING:

Article 6. The procedures and conditions for advertising alcohol mentioned in this circular must comply with the provisions of Article 11 of Circular No. 37/VHTT-TT dated July 1, 1995 of the Ministry of Culture and Information guiding the implementation of Decree No. 194/CP.

IV. VIOLATION HANDLING:

Article 7. Service providers and enterprises producing alcohol who violate the provisions of this circular will be handled according to Item 4, Chapter II of Decree No. 88/CP dated December 14, 1995 stipulating penalties for violations in cultural activities and cultural services.

Article 8. The authority and level of handling violations shall be implemented in accordance with the provisions of Decree No. 88/CP dated December 14, 1995 of the Government.

V. EFFECTIVE PROVISIONS:

Article 9. This Circular takes effect from the date of signature.