Law on Advertising No. 16/2012/QH13

LAW

Registration for circulation

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BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

The National Assembly enacts the Advertising Law.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Law regulates advertising activities; rights and obligations of organizations and individuals participating in advertising activities; state management over advertising activities.

2. Political propaganda information does not fall within the scope of regulation of this Law.

Article 2. Interpretation of Terms

In this Law, the following terms shall be understood as follows:

1. Registration for circulation refers to the use of means to introduce products, goods, services for profit-making purposes; non-profit products, services; organizations and individuals operating such products, goods, services to the public, except for news; social policies; personal information.

2. Profit-making service refers to a service aimed at generating profits for the organization or individual providing the service; non-profit service is a service for the benefit of society without aiming to generate profits for the organization or individual providing the service.

3. Advertised product includes the content and form of advertising expressed through images, sounds, voices, writings, symbols, colors, lights, and similar forms.

4. Advertising promotion refers to the activity of seeking and promoting opportunities to sign advertising service contracts.

5. Advertiser refers to an organization or individual requesting to advertise their products, goods, services or themselves.

6. Advertising service provider refers to an organization or individual implementing one, several, or all stages of the advertising process under an advertising service supply contract with the advertiser.

7. Advertising publisher refers to an organization or individual using advertising media under their responsibility to introduce advertised products to the public, including press agencies, publishers, website owners, organizers of cultural and sports programs, and other organizations or individuals using advertising media.

8. Ad product carrier refers to the person directly delivering ad products to the public or displaying ad products on people through wearing, hanging, attaching, pasting, drawing, or similar methods.

9. Advertising recipient refers to the person receiving information from ad products through advertising media.

10. Advertising duration refers to the broadcasting time of ad products on a channel, radio program, television program; advertising time within the total time of a cultural or sports program; advertising time within a recorded audio, video, and other technological devices.

11. Advertising area refers to the portion displaying ad products on printed newspapers, visual publications, electronic newspapers, web pages, publications, billboards, transportation media, or similar advertising media.

12. Special products, goods, services refers to products, goods, services that directly affect human health and the environment.

13. Dedicated advertising screen refers to an electronic advertising medium used to transmit ad products, including LED, LCD screens, and similar forms.

Article 3. State Policy on Advertising Activities

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

2. Creating conditions for organizations and individuals to develop various types of advertising, improving the quality of advertising.

3. Encouraging organizations and individuals to research and apply modern science and technology in designing and building ad products, effectively investing in advertising.

4. Creating conditions and encouraging the development of human resources for advertising activities; prioritizing investment in specialized training for civil servants managing state administration over advertising activities.

5. Expanding international cooperation in advertising activities.

Article 4. Contents of State Management over Advertising Activities

1. Issuing and implementing legal normative documents on advertising activities.

2. Building and directing the implementation of strategies, plans, policies for the development of advertising activities.

3. Popularizing and educating laws on advertising activities.

4. Directing research and application of science and technology in advertising activities.

5. Directing and organizing training and capacity building for human resources in advertising activities.

6. Organizing the implementation of commendation work in advertising activities.

7. Implementing international cooperation in the field of advertising.

8. Inspecting, supervising, handling complaints, denunciations, and dealing with violations in advertising activities.

Article 5. Responsibilities for State Management over Advertising Activities

1. The Government shall uniformly manage state affairs concerning advertising activities.

2. The Ministry of Culture, Sports and Tourism shall be responsible before the Government for managing state affairs concerning advertising activities.

3. Ministries and ministerial-level agencies within their respective tasks and authorities shall have the responsibility to coordinate with the Ministry of Culture, Sports and Tourism in managing state affairs concerning advertising activities.

4. People's Committees at all levels shall implement state management over advertising activities within their local jurisdictions according to their authority.

Article 6. Advertising Service Contracts

Cooperation between subjects in advertising activities must be carried out through advertising service contracts as prescribed by law.

Article 7. Prohibited Products, Goods, and Services from Being Advertised

1. Goods and services prohibited from being traded as stipulated by law.

2. Cigarettes.

3. Alcoholic beverages with alcohol content of 15 degrees or higher.

4. Milk substitutes for infants under 24 months old, supplementary nutrition products for infants under six months old; artificial baby bottles and pacifiers.

5. Prescription drugs; non-prescription drugs but recommended by competent state agencies to be used with caution or under medical supervision.

6. Products and goods with stimulating properties.

7. Hunting rifles and ammunition, sports weapons, and products and goods that incite violence.

8. Other products, goods, and services prohibited from being advertised as specified by the Government when they arise in practice.

Article 8. Prohibited Conduct in Advertising Activities

1. Advertising products, goods, and services as provided for in Article 7 of this Law.

2. Advertising that discloses state secrets, harms national independence, sovereignty, security, and defense.

3. Advertising that lacks aesthetic value, contravenes historical traditions, culture, ethics, and Vietnamese customs and practices.

4. Advertising that affects urban aesthetics, traffic safety, and social safety.

5. Advertising that negatively impacts the solemnity of the National Flag, National Emblem, National Anthem, Party Flag, national heroes, cultural celebrities, leaders of the Party and State.

6. Advertising that discriminates against ethnic groups, promotes racial discrimination, infringes upon freedom of belief and religion, and holds gender stereotypes or prejudices against persons with disabilities.

7. Advertising that defames the reputation, honor, and dignity of organizations and individuals.

8. Advertising that uses images, words, or writings of individuals without their consent, except where permitted by law.

9. Advertising that is inaccurate or misleading about the business capabilities, product, good, or service provision capabilities of businesses; about the quantity, quality, price, utility, design, packaging, brand, origin, type, service method, warranty period of registered or announced products, goods, and services.

10. Advertising that directly compares prices, quality, and usage effectiveness of its own products, goods, and services with those of other organizations and individuals.

11. Advertising that uses terms such as "best," "only," "number one," or similar meanings without lawful documentation as prescribed by the Ministry of Culture, Sports and Tourism.

12. Advertising that contains unfair competition content as prescribed by the law on competition.

13. Advertising that violates intellectual property laws.

14. Advertising that causes children to think, speak, or act contrary to morality, customs, and adversely affects their health, safety, or normal development.

15. Compelling agencies, organizations, or individuals to advertise or accept advertisements against their will.

16. Hanging, placing, pasting, or painting advertising products on electric poles, power poles, traffic signal posts, and public green trees.

Article 9. Advertising Product Review Board

1. The Advertising Product Review Board is an advisory organization under the Ministry of Culture, Sports and Tourism, assisting the Minister in reviewing and concluding on the compliance of advertising products with legal provisions when organizations or individuals request a review of advertising products.

2. The members of the Advertising Product Review Board include representatives from the Ministry of Culture, Sports and Tourism, representatives of advertising professional organizations, and experts in related fields.

3. The Ministry of Culture, Sports and Tourism shall provide detailed regulations on the organization and operation of the Advertising Product Review Board.

Article 10. Advertising Professional Organizations

1. Advertising professional organizations are established and operate in accordance with the laws on associations.

2. Advertising professional organizations have the following duties and powers:

a) Protecting the rights and legitimate interests of members;

b) Developing a code of conduct for the advertising profession to be submitted to the Ministry of Culture, Sports and Tourism for approval; organizing the implementation of the code of conduct for the advertising profession;

c) Participating in the formulation of strategies, plans, policies for developing advertising activities; legal normative documents, standards, technical regulations on advertising, and outdoor advertising planning;

d) Nominating representatives and introducing experts to participate in the Advertising Product Review Board upon request of competent state management agencies;

đ) Researching and applying science and technology in advertising activities; providing advice, supplying information, organizing training in advertising skills and professional ethics;

e) Promoting fair competition to develop the advertising market and improve the quality of advertising products;

g) Cooperating with state management agencies to promote and disseminate laws on advertising, building consumer confidence;

h) Other tasks and powers as prescribed by law.

Article 11. Handling Violations in Advertising Activities

1. Organizations that commit acts violating the provisions of this Law and other relevant legal provisions shall be subject to administrative penalties depending on the nature and severity of the violation; if damage is caused, they must compensate according to the law.

2. Individuals who commit acts violating the provisions of this Law and other relevant legal provisions shall be subject to disciplinary action, administrative penalties, or criminal liability prosecution depending on the nature and severity of the violation; if damage is caused, they must compensate according to the law.

3. State management agencies responsible for advertising activities must bear responsibility for their decisions on handling violations; if the decision is incorrect and causes damage, they must compensate according to the law.

4. The Government shall specify in detail the acts, forms, and levels of administrative penalties for violations in advertising activities.

Chapter II

RIGHTS AND OBLIGATIONS OF ORGANIZATIONS,

INDIVIDUALS IN ADVERTISING ACTIVITIES

Article 12. Rights and Obligations of Advertisers

1. Advertisers have the following rights:

a) To advertise about themselves, their organizations, products, goods, services;

b) To decide on the form and method of advertising;

c) To be informed by local authorities responsible for advertising about approved outdoor advertising plans;

d) To request a review of advertising products.

2. Advertisers have the following obligations:

a) To provide necessary, truthful, and accurate information to advertising service providers or advertising distributors regarding their organizations, individuals, products, goods, services, and related documents concerning advertising conditions, and to be responsible for such information;

b) To ensure the quality of products, goods, and services is consistent with the content of the advertisement;

c) To be responsible for their own advertising products when directly implementing advertisements on media; to be jointly liable for advertising products when hiring others to implement them;

d) To provide documents related to advertising products when requested by advertising recipients or competent state agencies.

3. To perform other rights and obligations as prescribed by law.

Article 13. Rights and Obligations of Advertising Service Providers

1. Advertising service providers have the following rights:

a) To decide on the form and method of advertising service provision;

b) To be provided with truthful and accurate information by advertisers about organizations, individuals, products, goods, services to be advertised and related documents concerning advertising conditions;

c) To participate in opinions during the process of local advertising planning and to be informed by the competent authority for advertising at the local level about outdoor advertising plans;

d) To request a review of advertising products.

2. Advertising service providers have the following obligations:

a) To operate within the scope and field specified in their business registration certificate and comply with the provisions of the law on advertising;

b) To check documents related to advertising conditions of organizations, individuals, products, goods, services to be advertised and to perform procedures related to the advertising service contract;

c) To be responsible for advertisements produced directly by themselves;

d) To provide documents related to advertising products when requested by advertising recipients or competent state agencies.

3. To perform other rights and obligations as prescribed by law.

Article 14. Rights and Obligations of Advertising Publishers

1. To advertise on their own media and charge service fees in accordance with the law.

2. To check documents related to advertising conditions of organizations, individuals, products, goods, services to be advertised.

3. To provide documents related to advertised products when requested by the advertisement recipient or the competent state authority.

4. To fulfill the advertising publication contract signed and to be directly responsible for advertisements published on media under their management responsibility.

5. To request an assessment of advertised products.

6. Fulfilling other rights and obligations as prescribed by law.

Article 15. Rights and Obligations of Location and Advertising Medium Lessors

1. To select advertisers and advertising service providers.

2. To be responsible for the legal basis for leasing advertising locations and media and the safety of advertising media; to fulfill all obligations in the location and advertising medium lease contract signed.

3. To jointly bear responsibility in cases where advertising structures are installed or erected not in accordance with construction permits or without construction permits.

4. To exercise other rights and fulfill other obligations as prescribed by law.

Article 16. Rights and Obligations of Advertisement Recipients

1. To be provided with truthful information about the quality, features, effects of products, goods, services.

2. To refuse to accept advertisements.

3. To claim compensation from advertisers or advertising publishers when products, goods, services do not meet technical standards, quality, quantity, features, utility, price, or other contents advertised by organizations or individuals.

4. To report and initiate civil lawsuits in accordance with the law.

5. When reporting or claiming compensation for damages, they must provide complete documents and evidence of violations of the law on advertising to the state management agency and evidence proving the damage caused by the advertisement; to have the right to request advertising service providers, advertising publishers, or advertisers to provide documents related to advertised products.

Chapter III
ADVERTISING ACTIVITIES

Section 1
ADVERTISING MEDIA; REQUIREMENTS FOR CONTENT,

ADVERTISING CONDITIONS

Article 17. Advertising Media

1. Press.

2. Electronic information websites, electronic devices, terminal devices, and other telecommunication devices.

3. Printed products, audio recordings, video recordings, and other technological devices.

4. Advertising boards, banners, signs, light boxes, dedicated advertising screens.

5. Transportation means.

6. Trade fairs, seminars, conferences, event organizations, exhibitions, cultural and sports programs.

7. Carriers of advertising products; advertising objects.

8. Other advertising media as prescribed by law.

Article 18. Language and Writing in Advertising

1. In advertising products, there must be content expressed in Vietnamese, except for the following cases:

a) Trademarks, slogans, brands, personal names in foreign languages or internationalized terms that cannot be replaced by Vietnamese;

b) Books, newspapers, electronic information websites, and publications permitted to be published in ethnic minority languages of Vietnam or foreign languages; radio and television programs in ethnic minority languages of Vietnam or foreign languages.

2. When using both Vietnamese and foreign languages on the same advertising product, the size of the foreign language text must not exceed three-quarters of the size of the Vietnamese text and must be placed below the Vietnamese text; when broadcast on radio, television, or visual and auditory media, Vietnamese must be read before foreign languages.

Article 19. Requirements for Advertising Content

1. Advertising content must ensure truthfulness, accuracy, clarity, and not cause damage to producers, traders, and recipients of advertising.

2. The Government shall stipulate requirements for the content of advertising for special products, goods, and services.

Article 20. Advertising Conditions

1. Advertising about business activities involving goods and services must have a business registration certificate.

2. Advertising for types of products, goods, and services must have documentation proving compliance with standards and regulations of the products, goods, and services according to the provisions of the law.

3. Advertising for assets that the law requires to have ownership or usage certificates must have such ownership or usage certificates.

4. Advertising for special products, goods, and services must meet the following conditions:

a) Advertising for medicines permitted under the law on health must have a valid circulation permit in Vietnam and a user guide approved by the Ministry of Health;

b) Advertising for cosmetics must have a product declaration form for cosmetics as required by the law on health;

c) Advertising for chemicals and pest control products used in household and medical fields must have a registration certificate for circulation issued by the Ministry of Health;

d) Advertising for milk and nutritional products for infants not covered by Clause 4, Article 7 of this Law must have a standard certification and food safety hygiene certification for domestically produced nutritional products; for imported nutritional products, there must be a quality certification from the competent authority of the producing country and a circulation permit;

e) Advertising for food and food additives must have a quality and hygiene safety registration certificate for food and food additives listed for quality and hygiene safety registration or a receipt of the filing of standard declarations for food and food additives listed for standard declarations from the competent state agency;

f) Advertising for medical examination and treatment services must have a certificate of qualification for practice issued by the health sector according to the law;

g) Advertising for medical equipment must have a circulation permit for domestically produced medical equipment or an import permit for imported medical equipment;

h) Advertising for plant protection chemicals, raw materials for plant protection chemicals, and plant protection supplies must have a registration certificate for plant protection chemicals. Advertising for beneficial organisms used in plant protection must have a plant quarantine permit issued by the Ministry of Agriculture and Rural Development;

i) Advertising for veterinary drugs and veterinary supplies must have a product circulation permit and a summary of the product's characteristics;

j) Advertising for fertilizers, biological preparations for crop cultivation, livestock feed, and biological preparations for animal husbandry must have a product quality certification or a self-declaration of product quality.

5. The Government shall stipulate advertising conditions for other special products, goods, and services when they arise in reality.

Section 2
ADVERTISING IN THE PRESS, ELECTRONIC MEDIA, TERMINAL DEVICES AND OTHER TELECOMMUNICATION DEVICES

ADVERTISING IN THE PRESS, ELECTRONIC MEDIA, TERMINAL DEVICES AND OTHER TELECOMMUNICATION DEVICES

Article 21. Advertising in Print Media

1. The advertising area shall not exceed 15% of the total area of one issue of a newspaper or 20% of the total area of one issue of a magazine, except for newspapers and magazines dedicated to advertising; there must be clear signs distinguishing advertising from other contents.

2. Press agencies are permitted to publish advertising supplements and must notify in writing the state management agency for press at least 30 days before the first publication date of the advertising supplement.

3. Advertising supplements of newspapers must be numbered separately; they must have the same format and be published together with the main pages.

4. On the first page of the advertising supplement, the following information must be clearly stated:

a) Name of the newspaper;

b) Name and address of the press agency;

c) The phrase "Advertising supplement does not count towards the sale price."

5. Advertising shall not be placed on the cover of a magazine or on the front page of a newspaper.

Article 22. Advertising in Broadcast Media

1. The duration of advertising on broadcast media shall not exceed 10% of the total broadcasting time of a day for a broadcasting organization, except for advertising on channels or programs dedicated to advertising; there must be clear signs distinguishing advertising content from other contents.

2. The duration of advertising on pay television channels shall not exceed 5% of the total broadcasting time of a day for a broadcasting organization, except for channels or programs dedicated to advertising.

3. Advertising shall not be broadcast during the following programs:

a) News programs;

b) Radio and television broadcasts of special political events or major national holidays.

4. Each feature film program may not be interrupted for advertising more than twice, each interruption not exceeding five minutes. Each entertainment program may not be interrupted for advertising more than four times, each interruption not exceeding five minutes.

5. When displaying advertising products along with primary information in the form of scrolling text or a series of moving images, the advertising product must be displayed at the bottom of the screen, not exceeding 10% of the screen height and must not interfere with the main content of the program. Advertising in this form does not count towards the broadcasting time of advertising.

6. Broadcasting agencies wishing to launch channels or programs dedicated to advertising must obtain permission from the state management agency for press. The application dossier for obtaining permission to launch channels or programs dedicated to advertising includes:

a) Application for permission to launch channels or programs dedicated to advertising;

b) Opinion of the supervising agency;

c) Certified copy of the press operation license.

7. In cases where a press agency needs to change the content of the permission to launch channels or programs dedicated to advertising, it must submit an application dossier for modifying or supplementing the permission to the state management agency for press. The application dossier for modifying or supplementing the permission includes:

a) Application form for amending or supplementing the permit;

b) Certified copy of the currently valid license.

8. The procedures for issuing permission are carried out as follows:

a) Within thirty days from the date of receiving complete and valid dossiers, the state management agency for press will consider issuing permission to launch channels or programs dedicated to advertising to the press agency; if permission is not granted, a written response with reasons must be provided;

b) Within fifteen days from the date of receiving complete and valid dossiers, the state management agency for press will consider and issue permission to modify or supplement; if modification or supplementation permission is not granted, a written response with reasons must be provided;

c) Within seven days from the date of issuing permission to launch channels or programs dedicated to advertising or permission to modify or supplement, the issuing agency must send a certified copy of the issued permission to the state management agency for advertising and the People's Committee of the province or centrally-administered city (hereinafter referred to as the provincial-level People's Committee) where the press agency's headquarters is located for coordination in management work.

Article 23. Advertising on online newspapers and websites

1. Advertising on online newspapers must comply with the following provisions:

a) The advertisement section shall not be designed or arranged to blend into the news content section;

b) For non-fixed location advertisements, they must be designed so that readers can actively turn off or on the advertisements, with a maximum wait time for turning off or on the advertisements being 1.5 seconds.

2. Advertising on government agency websites shall be carried out in accordance with the provisions of Clause 1 of this Article.

3. Advertising on websites of foreign organizations and individuals operating cross-border advertising services generating advertising revenue in Vietnam must comply with the provisions of this Law and other relevant laws.

4. The Government shall provide detailed regulations on Clause 3 of this Article.

Article 24. Advertising on electronic media, end-user devices, and other telecommunications equipment

1. Advertising through sending text messages and email advertisements:

a) Organizations and individuals may only send text messages and email advertisements with prior consent from the recipient;

b) Electronic information service providers and telecommunications service providers may only send text messages and emails containing advertisements about their own services; they may only send promotional text messages between 07:00 and 22:00; they may not send more than three promotional text messages to a single phone number or more than three promotional emails to a single email address within 24 hours, except where there is a different agreement with the recipient;

c) Advertisers must ensure that recipients have the ability to refuse advertisements; they must immediately cease sending promotional text messages and emails if the recipient notifies them of refusal and may not charge fees for such notifications.

2. Advertising through other forms on electronic media, end-user devices, and other telecommunications equipment must comply with the provisions of this Law and other relevant laws.

Section 3
ADVERTISING ON PRINTED PRODUCTS, AUDIO RECORDINGS,

VIDEO RECORDINGS AND OTHER TECHNOLOGICAL DEVICES

Article 25. Advertising on printed products

1. For books and book-like materials, advertising about the author, work, and publisher may only appear on the back cover, excluding books specifically dedicated to advertising.

2. For non-commercial materials, advertising about the author, work, publisher, or symbols, logos, brand names, products, goods, services, and activities of the organization or individual authorized to publish the material may be included.

3. For posters, brochures, flyers, and catalogs promoting political, economic, cultural, social, scientific, technological, literary, and artistic content, advertising may occupy no more than 20% of the product's surface area. The advertiser’s symbol, logo, or brand name must be placed at the bottom of the printed product.

4. Advertising is prohibited on printed products that are currency, valuable papers, diplomas, certificates, and state management documents.

5. For advertising on posters, brochures, flyers, catalogs, and other printed products not covered by Clauses 3 and 4 of this Article, the name, address of the organization or individual providing advertising services or the advertiser, the print quantity, and the printing location must be clearly stated.

Article 26. Advertising in audio and video recordings

The duration of advertising in audio and video recordings of cultural, artistic, film programs, audio and video recordings with content replacing books or illustrating books shall not exceed 5% of the total content duration of the program.

Section 4
ADVERTISING ON BILLBOARDS, BANNERS,

SIGNS, LIGHT BOXES, SPECIAL ADVERTISING SCREENS

AND TRANSPORT MEANS

Article 27. Advertising on billboards, banners

1. The placement of billboards and banners must comply with regulations concerning the protected areas around historical and cultural relics; traffic safety corridors, dykes, national power grids; they must not obscure traffic signal lights or public information boards; they must not be hung across roads, and must comply with local advertising planning and technical standards issued by competent authorities.

2. Advertising products displayed on billboards and banners must clearly state the name and address of the advertiser.

3. Advertising on billboards and banners containing political propaganda or social policy content must comply with the following provisions:

a) The emblem, logo, brand of the advertiser must be placed at the bottom for vertical billboards and to the right for horizontal banners;

b) The area occupied by the emblem, logo, brand of the advertiser on the billboard or banner shall not exceed 20% of the total area of the billboard or banner.

4. The display period for banners shall not exceed 15 days.

Article 28. Advertising on special advertising screens

1. The placement of special advertising screens must comply with the provisions of this Law, other relevant laws, and local outdoor advertising planning.

2. When conducting advertising on outdoor special advertising screens, sound shall not be used.

3. Advertising on screens not subject to the provisions of Clause 2 of this Article may use sound in accordance with environmental protection laws.

Article 29. Documentation for announcing advertising products on billboards and banners

1. A notification document for advertising products specifying the content, time, location of the advertisement, number of billboards and banners.

2. A copy of the business registration certificate of the advertising service provider or the business registration certificate of the advertiser if the advertisement is self-conducted.

3. A copy of documentation proving compliance with standards and regulations for the advertised products, goods, services according to the law or documentation proving eligibility for advertising as stipulated in Article 20 of this Law.

4. A copy of the event organization document from the organizing unit in cases where the advertisement is for events or social policies.

5. A color printout of the advertising product layout signed by the advertising service provider or the advertiser if the advertisement is self-conducted. In cases where the advertising service provider or advertiser is an organization, it must bear the organization's seal.

6. Documentation proving ownership or usage rights of the billboard; ownership or usage rights of the advertising location for banners.

7. A perspective view of the billboard placement location.

8. A copy of the construction permit for the advertising structure for types of billboards that require a construction permit as stipulated in Clause 2 of Article 31 of this Law.

Article 30. Procedure for announcing advertising products on advertising boards and banners

1. Organizations and individuals wishing to advertise on advertising boards and banners must submit notification documents for advertising products to the competent authority on advertising of the locality at least 15 days before implementing the advertisement.

2. Within five working days from the date the competent authority on advertising of the locality acknowledges receipt of the notification documents, if there is no response, organizations and individuals may proceed with the announced advertising products. In case the competent authority on advertising of the locality disagrees, it must respond in writing and specify the reasons.

Article 31. Issuance of Construction Permit for Advertising Structures

1. The construction of outdoor dedicated advertising screens, signs, independent advertising boards, or those attached to existing buildings shall comply with the provisions of this Law, other relevant laws, and the local outdoor advertising plan.

2. For the construction of outdoor dedicated advertising screens, signs, or independent advertising boards attached to existing buildings, a construction permit must be obtained from the competent authority on construction of the locality in the following cases:

a) Construction of an outdoor dedicated advertising screen with a single surface area of 20 square meters (m2) or more;

b) Construction of a sign or advertising board with a single surface area exceeding 20 square meters (m2), made of metal frame or similar building materials, attached to an existing building;

c) An independent standing advertising board with a single surface area of 40 square meters (m2) or more.

3. Documents required for applying for a construction permit for advertising structures include:

a) Application form for a construction permit for advertising structures;

b) A certified copy of the business registration certificate of the organization or individual applying for the construction permit for advertising structures;

c) A certified copy of one of the following documents: land use right certificate; agreement or lease contract in accordance with the law on land for independent standing advertising structures; lease contract between the investor of the advertising structure and the owner or lawful user of the existing building for attached advertising structures; tender result announcement for advertising locations within the planned area that require bidding;

d) In the case of advertising structures attached to existing buildings, there must be an agreement or contract between the investor of the advertising structure and the owner or manager of the existing building;

đ) Design drawings by a licensed design organization showing the layout plan, typical cross-sections, and elevations; foundation plan of the structure signed and stamped by the investor of the advertising structure. In the case of advertising structures attached to existing buildings, the design drawings must show the connection solutions between the advertising structure and the existing building.

4. The procedure for issuing a construction permit for advertising structures is as follows:

a) Organizations and individuals applying for a construction permit for advertising structures submit the application documents to the competent authority on construction of the locality;

b) If the advertising location is within the approved outdoor advertising plan by the provincial People's Committee, within fifteen days from the date of receiving valid application documents, the competent authority on construction of the locality issues the construction permit for advertising structures to the organization or individual. If the permit is not issued, a written response with the reasons must be provided;

c) If the locality has not yet approved the advertising plan, within two working days from the date of receiving valid application documents, the competent authority on construction of the locality sends a request for opinions to relevant departments. Within five working days from the date of receiving the request for opinions from the competent authority on construction of the locality, the relevant departments must provide written responses to the competent authority on construction of the locality. Within thirteen days from the date of receiving the opinions from the relevant departments, the competent authority on construction of the locality must issue the construction permit for advertising structures to the organization or individual. If the permit is not issued, a written response with the reasons must be provided.

Article 32. Advertising on Transportation Means

1. Advertising on transportation means must comply with the provisions of this Law and traffic laws.

2. Products shall not be advertised on the front, back, and roof of transportation means. The size of the advertisement product shall not exceed 50% of the permitted advertising surface area of the transportation means. The display of emblems, logos, and symbols of the transportation means owner or vehicle manufacturer on transportation means must comply with traffic laws.

Article 33. Advertising through Public Address Systems and Similar Methods

1. Advertising through public address systems and similar methods at fixed locations must comply with the following regulations:

a) Advertising noise levels must not exceed the permissible limits as stipulated by environmental laws;

b) Advertising is prohibited at the headquarters of government agencies, military units, schools, and hospitals;

c) Advertising is prohibited on public broadcasting systems serving political tasks of communes, wards, and towns.

2. Advertising through public address systems attached to transportation means and other mobile devices is prohibited within the urban areas of cities and towns.

Article 34. Signboards of Organizations and Individuals Engaged in Production and Business Activities

1. Signboards must include the following information:

a) Name of the direct supervising agency (if applicable);

b) Name of the production and business establishment according to the business registration certificate;

c) Address and telephone number.

2. The display of writing on signboards must comply with the provisions of Article 18 of this Law.

3. The dimensions of signboards are specified as follows:

a) For horizontal signboards, the maximum height is two meters (m), and the length shall not exceed the width of the building's facade;

b) For vertical signboards, the maximum width is one meter (m), and the maximum height is four meters (m) but shall not exceed the height of the floor where the signboard is placed.

4. Signboards shall not obstruct emergency escape routes or firefighting access; they shall not encroach upon sidewalks or streets, affecting public traffic.

5. The placement of signboards must comply with the provisions of this Law and technical standards issued by competent authorities.

Section 5
ADVERTISING IN CULTURAL PROGRAMS, SPORTS EVENTS, CONFERENCES, SEMINARS, FAIRS, EXHIBITIONS, ORGANIZED EVENTS, GROUPS OF PEOPLE IMPLEMENTING ADVERTISING, AND ADVERTISING OBJECTS

CONFERENCES, SEMINARS, FAIRS, EXHIBITIONS, EVENTS,

GROUPS OF PEOPLE IMPLEMENTING ADVERTISING, ADVERTISING MATERIALS

Article 35. Advertising in Cultural and Sports Programs

1. Advertising in cultural and sports programs must comply with laws on performing arts and physical education and sports.

2. Products shall not be hung, placed, affixed, or erected at the same level or higher than the emblem, logo, or name of the program; the size of the letters on the advertisement product shall not exceed half the size of the letters of the program name.

3. Advertising in the stage area must ensure aesthetics and shall not obstruct the audience's view.

4. Advertising in sports stadiums, gymnasiums, and venues for physical education and sports activities shall not obstruct the national flag, national emblem, images of leaders, technical guidance boards, and the audience's view; it shall not affect athletes' training, competition, performance, coaches' instructions, organizers' duties, referees' work, guides', medical staff's, and service personnel's tasks.

Article 36. Group of people implementing advertising, seminars, conferences, trade fairs, exhibitions, event organization, advertising objects

1. The group of people implementing advertising must comply with the following regulations:

a) The group of people implementing advertising is a group of three or more people wearing costumes or carrying images, items displaying advertised products at a location or moving on traffic roads;

b) The group of people implementing advertising must ensure traffic safety, social safety; comply with laws on advertising activities and other relevant laws;

c) Organizations and individuals organizing the group of people for advertising must notify the competent authority on advertising of the locality about the content, form of advertised products, number of participants in the group of people implementing advertising, time and route of implementation at least 15 days before the date of advertising. Within 15 days from the date of receipt of the notification, if the competent authority on advertising of the locality disagrees with the notification, it must reply in writing and specify the reasons. If there is no written response beyond this period, the organization or individual may implement advertising according to the notified content.

2. Seminars, conferences, event organizations, exhibitions, product advertisers, advertising objects, and other advertising means must comply with the provisions of this Law and other relevant laws, ensuring urban aesthetics, environmental landscape, traffic safety, and social order.

Chapter 6
OUTDOOR ADVERTISING ZONING PLAN

Article 37. Content and principles of outdoor advertising zoning plan

1. The outdoor advertising zoning plan must determine locations, styles, sizes, materials, quantities of advertising means on national highways, provincial roads, district roads; within city centers, town centers.

2. The construction of outdoor advertising zoning plans must comply with the following basic principles:

a) In accordance with the provisions of the law on advertising, construction, transportation, and other relevant laws;

b) In accordance with local construction planning, ensuring urban aesthetics, traffic safety, and social order;

c) Ensuring stability, transparency, clarity, and feasibility;

d) Ensuring consistency and harmony among localities at points of contact along national highways, provincial roads;

e) Prioritizing the inheritance of suitable advertising positions in existing zoning plans; in cases where the implementation or adjustment of zoning plans causes losses to organizations and individuals, the approving authority has the responsibility to organize compensation in accordance with the law;

f) Soliciting opinions from organizations and individuals participating in advertising activities and the public.

3. The Government shall provide detailed regulations on the dossier, procedures for constructing, approving, implementing, and adjusting outdoor advertising zoning plans.

Article 38. Responsibilities for building and directing the implementation of outdoor advertising zoning plans

1. Provincial People's Committees shall be responsible for:

a) Constructing and approving outdoor advertising zoning plans in the locality within 12 months from the effective date of this Law;

b) Adjusting the advertising zoning plan in phases in line with the development of the locality;

c) Posting the zoning plan document and detailed zoning plan drawings at the offices of People's Committees at all levels and announcing them through local mass media;

d) Directing, urging, and inspecting the implementation of outdoor advertising zoning plans.

2. The Ministry of Construction shall be responsible for:

a) Issuing technical standards for outdoor advertising means within six months from the effective date of this Law;

b) Cooperating with the Ministry of Culture, Sports and Tourism, the Ministry of Transport, and related ministries to guide localities in zoning advertising according to the technical standards issued by the Ministry of Construction.

Chapter IV
FOREIGN FACTORS IN ADVERTISING

Article 39. Advertising by foreign organizations and individuals in Vietnam

1. Foreign organizations and individuals operating in Vietnam may advertise their products, goods, services, and activities in Vietnam in accordance with the provisions of this Law.

2. Foreign organizations and individuals not operating in Vietnam wishing to advertise their products, goods, services, and activities in Vietnam must engage Vietnamese advertising service businesses to carry out such advertisements.

Article 40. Cooperation and Investment with Foreign Countries in Advertising Activities

1. Foreign organizations and individuals may cooperate and invest with Vietnamese advertising service businesses in the form of joint ventures and business cooperation contracts.

2. Foreign cooperation and investment in advertising activities must comply with the laws on investment.

Article 41. Representative Office of Foreign Advertising Enterprises in Vietnam

1. Foreign advertising enterprises are permitted to establish representative offices in Vietnam.

2. The representative office may operate when it has a permit from the People's Committee of the province where the foreign enterprise requests to establish the representative office.

3. The representative office is only allowed to promote advertising and is not permitted to directly conduct advertising service business.

4. The Government shall specify the authority, application materials, procedures, and formalities for granting permission to establish representative offices of foreign advertising enterprises in Vietnam.

Chapter V

IMPLEMENTING PROVISIONS

Article 42. Effective Date

This Law takes effect from January 1, 2013. The Advertising Ordinance No. 39/2001/PL-UBTVQH10 dated November 16, 2001 ceases to be effective from the date this Law takes effect.

Article 43. Detailed Provisions and Guidance for Implementation

The Government and competent authorities shall provide detailed provisions and guidance on implementation of the Articles and Clauses assigned in this Law.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the third session of the XIIIth term, on June 21, 2012./.