Decree No. 181/2013/ND-CP detailing the implementation of certain provisions of the Advertising Law

DECREE

Detailed Implementation of Certain Provisions of the Advertising Law°

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Advertising Law dated June 21, 2012;

At the proposal of the Minister of Culture, Sports and Tourism,

The Government issues this Decree to provide detailed implementation of certain provisions of the Advertising Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed implementation of certain provisions of the Advertising Law regarding the content of advertisements for special products, goods, and services; advertising on websites of foreign organizations and individuals operating cross-border advertising services generating advertising revenue in Vietnam; outdoor advertising planning; representative offices of foreign advertising enterprises in Vietnam; and the division of responsibilities for state management of advertising.

Article 2. Applicability

This Decree applies to Vietnamese organizations and individuals; foreign organizations and individuals participating in advertising activities on the territory of Vietnam.

Chapter II

CONTENT OF ADVERTISEMENTS FOR PRODUCTS,

GOODS, AND SPECIAL SERVICES

Article 3. Advertising of Medicines

1. The content of drug advertisements must be consistent with the following documents:

a) Certificate of circulation in Vietnam;

b) Drug usage instructions approved by the Ministry of Health;

c) Monographs about drugs recorded in the National Pharmacopoeia or other drug-related documents recognized by the competent authority of the producing country.

2. Drug advertisements must include the following contents:

a) The drug name according to the registration number for circulation in Vietnam;

b) The active ingredient of the drug:

New drugs shall use the international nomenclature;

Drugs derived from medicinal herbs shall use the Vietnamese name; if there is no Vietnamese name, the original name from the country of origin accompanied by the Latin name shall be used.

c) Indications of the drug;

d) Contraindications or recommendations for special groups such as pregnant women, nursing mothers, elderly people, children, and those with chronic diseases;

đ) Name and address of the organization or individual responsible for bringing the product to market;

e) Warning "Read the usage instructions carefully before use."

3. Drug advertisements on radio and television must clearly read out the contents specified in points a, b, and e of Clause 2 of this Article. If the drug contains three or more active ingredients, depending on the broadcast duration, only the main active ingredient or the common name of vitamins, minerals, or herbal medicines may be read.

4. Drug advertisements on outdoor advertising media must comply with the contents specified in points a, b, đ, and e of Clause 3 of this Article.

5. The following indications shall not be included in drug advertisements:

a) Treatment of tuberculosis and leprosy;

b) Treatment of sexually transmitted diseases;

c) Treatment of chronic insomnia;

d) Indications that are stimulating;

đ) Treatment of cancer or tumors;

e) Treatment of diabetes or similar metabolic disorders.

6. Information and images prohibited in drug advertisements include:

a) Images of patients;

b) Diagrams of drug effects that have not been studied or evaluated;

c) Images or names of doctors promoting the drug.

Article 4. Advertising of Cosmetics

1. The content of cosmetic advertisements must be consistent with the following documents:

a) The product registration form for cosmetics in accordance with laws on pharmaceuticals;

b) Documents proving the safety and efficacy of cosmetics and compliance with international association guidelines on product claims (if applicable).

2. Cosmetic advertisements must include the following contents:

a) Name of the cosmetic;

b) Function and benefits of the cosmetic;

c) Name and address of the organization or individual responsible for bringing the product to market;

d) Warnings as prescribed by international agreements.

3. It is not allowed to advertise cosmetics in a manner that misleads consumers into believing they are medicines.

4. When advertising cosmetics on radio or television, the contents specified in Points a, b, and d of Clause 2 of this Article must be clearly read out.

Article 5. Advertising of Food and Food Additives

1. The content of food and food additive advertisements must be consistent with the Certificate of Acceptance of Declaration of Compliance or the Confirmation of Compliance with Food Safety Regulations.

2. Food and food additive advertisements must include the following contents:

a) Name of the food or food additive;

b) Name and address of the organization or individual responsible for bringing the product to market.

3. Functional food advertisements must comply with the provisions of Clause 2 of this Article and the following contents:

a) Main effects and side effects (if any);

b) Warning "This product is not a medicine and does not replace medical treatment."

4. It is not allowed to advertise functional foods in a manner that misleads consumers into believing they are medicines.

5. When advertising functional foods on radio or television, the contents specified in Point a of Clause 2 and Clause 3 of this Article must be clearly read out.

Article 6. Advertising of chemicals, insecticides, and bactericides for household and medical use

1. The content of advertising for chemicals, insecticides, and bactericides for household and medical use must be consistent with the Registration Certificate for Circulation issued by the Ministry of Health.

2. Advertising for chemicals, insecticides, and bactericides for household and medical use must include the following contents:

a) The name of the chemical, insecticide, and bactericide for household and medical use;

b) The features and functions of the chemical, insecticide, and bactericide for household and medical use;

c) Name and address of the organization or individual responsible for bringing the product to market;

d) Warning "Read the usage instructions carefully before use" or "Limit the scope of use for products containing chemicals listed in the restricted use list."

3. Advertising for chemicals, insecticides, and bactericides for household and medical use on radio and television broadcasts must clearly read out the contents specified in points a, b, and d of Clause 2 of this Article.

Article 7. Advertising of medical devices

1. The content of advertising for medical devices must be consistent with the Certificate of Free Circulation for domestically produced medical devices or the Import Permit for imported medical devices.

2. Advertising for medical devices must include the following contents:

a) Name of medical equipment, type, manufacturer, country of manufacture;

b) Features, effects, usage instructions, storage conditions (if applicable);

c) Name and address of the organization or individual responsible for bringing the product to market.

Article 8. Advertising of milk products and supplementary nutrition products for children

1. The content of advertising for milk products and supplementary nutrition products for children must be consistent with the Acceptance Notice of Compliance Declaration or the Confirmation of Food Safety Compliance.

2. Advertising for milk products and supplementary nutrition products for children must include the following contents:

a) The name of the milk product and supplementary nutrition product for children;

b) Name and address of the organization or individual responsible for bringing the product to market.

Article 9. Advertising of medical examination and treatment services

1. The content of advertisements for medical examination and treatment services must be consistent with the Medical Examination and Treatment Operation Permit for medical examination and treatment facilities or the Medical Practice Certificate for medical practitioners.

2. Advertising for medical examination and treatment services must include the following contents:

a) The name and address of the medical examination and treatment facility where the permit to operate has been granted;

b) The main professional technical activities recorded in the operation permit or practice certificate that have been authorized by the competent health authority.

Article 10. Advertising of plant protection chemicals, raw materials for plant protection chemicals, plant protection supplies, beneficial organisms for plant protection, veterinary drugs, and veterinary supplies

1. The content of advertising for plant protection chemicals, raw materials for plant protection chemicals, and plant protection supplies must be consistent with the Registration Certificate for Plant Protection Chemicals.

2. The content of advertising for beneficial organisms for plant protection must be consistent with the Plant Quarantine Permit.

3. The content of advertising for veterinary drugs and veterinary supplies must be consistent with the Product Circulation Permit and the summary of product characteristics.

4. Advertising for plant protection chemicals, raw materials for plant protection chemicals, plant protection supplies, beneficial organisms for plant protection, veterinary drugs, and veterinary supplies must include the following contents:

a) The name of the plant protection chemical, raw material for plant protection chemicals, plant protection supply, beneficial organism for plant protection, veterinary drug, and veterinary supply;

b) Features, effects, and precautions when using and storing.

c) Name and address of the organization or individual responsible for bringing the product to market.

Article 11. Advertising for fertilizers, biological products for crop cultivation, animal feed, biological products for animal husbandry, plant seeds, and animal breeds

1. The content of advertisements for fertilizers, biological preparations for crop cultivation, animal feed, biological preparations for animal husbandry, plant seeds, and animal breeds must be consistent with the Product Quality Certification or the Product Quality Announcement.

2. Advertising for fertilizers, biological products for crop cultivation, animal feed, biological products for animal husbandry, plant seeds, and animal breeds must include the following contents:

a) Name of fertilizer, biological products for crop cultivation, animal feed, biological products for animal husbandry, plant seeds, and animal breeds;

b) Origin of raw materials in processing;

c) Name and address of the organization or individual responsible for bringing the product to market.

Article 12. Requirements for confirmation of advertising content for special products, goods, and services

1. Advertisements for special products, goods, and services as stipulated from Article 3 to Article 11 of this Decree can only be implemented after the competent state agency has confirmed the advertisement content.

2. The Ministry of Health, the Ministry of Agriculture and Rural Development, and the Ministry of Industry and Trade are responsible for confirming the content of advertisements for special products, goods, and services within their respective areas of management or according to the delegated authority for confirmation as prescribed.

3. Within ten working days from the date of receiving complete and valid application files for content confirmation, the agency specified in Clause 2 of this Article must issue a confirmation document for the advertisement content. In case of disagreement, a response document stating the reasons must be issued.

Chapter III

ADVERTISING ON WEBSITES

OF FOREIGN ORGANIZATIONS AND INDIVIDUALS OPERATING

CROSS-BORDER ADVERTISING SERVICES GENERATING

ADVERTISING REVENUE IN VIETNAM

Article 13. Object and requirements for advertising activities on foreign organizations' and individuals' online information pages operating cross-border advertising services

1. Online information pages of foreign organizations and individuals operating cross-border advertising services that generate advertising revenue in Vietnam are those online information pages operating from servers located outside Vietnam providing advertising information to users within the territory of Vietnam.

2. Vietnamese organizations and individuals who wish to advertise on the online information pages of foreign organizations and individuals operating cross-border advertising services must go through Vietnamese advertising service providers who have registered and legally operated in Vietnam.

3. Activities on the online information pages of foreign organizations and individuals operating cross-border advertising services that generate advertising revenue in Vietnam must pay taxes according to the provisions of the tax laws.

Article 14. Conditions for advertising activities on foreign organizations' and individuals' online information pages operating cross-border advertising services in Vietnam

1. Online information pages of foreign organizations and individuals operating cross-border advertising services in Vietnam must also comply with the provisions of Vietnamese laws regarding management, provision, and use of Internet services and information on networks.

2. At least fifteen days before implementing advertisements, the owner of the online information page of foreign organizations and individuals operating cross-border advertising services in Vietnam must notify in writing the Ministry of Culture, Sports and Tourism about the following contents:

a) The name and address of the authorized Vietnamese advertising service provider to perform advertising services;

b) The main business sector of the authorized Vietnamese advertising service provider to perform advertising services.

Article 15. Conditions and responsibilities of advertising service providers

1. Advertising service providers when performing advertising service contracts on the online information pages of foreign organizations and individuals operating cross-border advertising services in Vietnam must meet the following conditions:

a) Be a business enterprise with the function of advertising service business established and operating under Vietnamese law;

b) Be contracted by the owner of the online information page of foreign organizations and individuals operating cross-border advertising services in Vietnam to be a partner to implement advertising services according to Vietnamese law.

2. Responsibilities of advertising service providers when performing advertising service contracts on the online information pages of foreign organizations and individuals operating cross-border advertising services in Vietnam include:

a) Being responsible for the advertising products when performing advertising services;

b) Implementing supporting activities, advertising, and exploiting advertising on the online information pages of foreign organizations and individuals when complying with Vietnamese legal regulations on management, provision, and use of Internet services and information on networks;

c) Submitting periodic reports every six months to the Department of Culture, Sports and Tourism where the advertising service provider's headquarters is located according to the model prescribed by the Ministry of Culture, Sports and Tourism or submitting ad hoc reports upon request of competent state agencies.

Chapter IV

OUTDOOR ADVERTISING PLANNING

Article 16. Requirements for Outdoor Advertising Planning Locations

1. Not to be placed within traffic safety corridors, dike systems, or the national power grid.

2. To ensure no impact on urban architectural landscapes.

3. To determine locations for political propaganda and social benefit activities and commercial advertising.

Article 17. Documents for the Advertising Outdoor Planning Scheme

The documents for the Advertising Outdoor Planning Scheme include:

1. A submission from the competent authority to approve the planning scheme;

2. A draft decision from the competent authority to approve the planning scheme;

3. A draft of the Advertising Outdoor Planning Scheme including the following main contents:

a) Analysis and assessment of natural conditions and socio-economic conditions affecting outdoor advertising activities at the local level, and their impact on national defense and security;

b) Analysis and assessment of the current status of outdoor advertising activities at the local level;

c) Views and objectives for building the outdoor advertising planning scheme;

d) Estimated land area for outdoor advertising sign positions in the planning scheme according to the development requirements of each planning phase;

đ) Spatial orientation and technical infrastructure for outdoor advertising in central urban areas;

e) Proposals for types of outdoor advertising that need priority investment and resources to implement;

g) Extract map, perspective view of outdoor advertising locations shown at a scale of 1/25,000 or 1/50,000;

h) Implementation plan and budget estimate;

i) Summary, incorporation, and explanation of opinions from relevant agencies, organizations, and individuals.

Article 18. Procedures for Building, Approving, and Implementing Outdoor Advertising Planning Schemes

The Provincial People's Committee organizes the construction, approval, and implementation of outdoor advertising planning schemes according to the following procedures:

1. Drafting the proposal for the outdoor advertising planning scheme;

2. Soliciting public opinions from relevant agencies, organizations, and individuals;

3. Completing the documents and approving the outdoor advertising planning scheme;

4. Announcing the decision to approve and posting the planning proposal for outdoor advertising and detailed planning drawings at the offices of People's Committees at all levels and announcing on local mass media.

5. Implementing the planning scheme and organizing bidding for advertising positions within the planning scheme in accordance with the laws on bidding.

Article 19. Adjustments to Outdoor Advertising Planning Schemes

1. The outdoor advertising planning scheme may be adjusted if there is an adjustment to the overall socio-economic development planning of the locality.

2. Adjustments to outdoor advertising plans must be based on analyzing and evaluating the implementation situation of the previous planning phase to determine the contents that need adjustment.

3. The Provincial People's Committee approves adjustments to the outdoor advertising planning scheme proposal in accordance with Articles 17 and 18 of this Decree.

Chapter V

REPRESENTATIVE OFFICE OF THE BUSINESS

FOREIGN ADVERTISING IN VIETNAM

Article 20. Documents, Procedures, and Authority for Issuing Business Registration Certificate for Representative Offices

1. The documents for requesting issuance of the Business Registration Certificate for a Representative Office include:

a) An application for issuance of the Business Registration Certificate for a Representative Office signed by the authorized representative of the foreign advertising company according to a form prescribed by the Ministry of Culture, Sports and Tourism;

b) A copy of the business registration certificate or other equivalent documents of the foreign company certified by the competent authority where the company was established or registered;

c) An audited financial report or other equivalent documents proving the existence and operation of the foreign advertising company in the most recent fiscal year;

d) The documents stipulated in Points b and c of this Clause must be translated into Vietnamese and certified by diplomatic missions or consular offices of Vietnam abroad and legalized according to Vietnamese law.

2. Procedures and formalities for issuing the Business Registration Certificate for a Representative Office:

b) Within ten days from the date of receiving complete and valid documents, the Provincial People's Committee shall examine and issue the establishment permit for the Representative Office and send a copy of the permit to the Ministry of Culture, Sports and Tourism.

c) If the documents are incomplete, within three working days from the date of receipt of the documents, the Provincial People's Committee sends a letter requesting the foreign advertising company to supplement and complete the documents;

d) Within forty-five days from the date of issuance of the permit, the Representative Office must commence operations and submit a written notice to the Provincial People's Committee regarding the start date of operations, the location of the office, the number of Vietnamese employees, the number of foreign employees working at the Representative Office, and the content of its operations.

Article 21. Cases Where a Representative Office Establishment Permit Will Not Be Issued

1. There is evidence showing that the establishment of a representative office would harm national independence, sovereignty, security, defense, historical traditions, culture, morality, and Vietnamese customs and practices.

2. Failure to supplement complete documentation as required by the competent authority issuing the permit.

3. Other cases as prescribed by law.

Article 22. Amendment and Supplement to the Representative Office Establishment Permit

1. Foreign advertising enterprises must request amendments and supplements to the Representative Office Establishment Permit in the following cases:

a) Change of name;

b) Change of scope of operations;

c) Change of head;

d) Change of location within the same province or centrally governed city.

2. Documentation for requesting amendment and supplement to the Representative Office Establishment Permit includes:

a) A request for amendment and supplement to the Representative Office Establishment Permit signed by an authorized representative of the foreign advertising enterprise according to a form prescribed by the Ministry of Culture, Sports and Tourism;

3. Within ten days from the date of receiving complete and valid documents from foreign advertising enterprises, the Provincial People's Committee is responsible for issuing the amendment and supplementary permit and sending a copy of the permit to the Ministry of Culture, Sports and Tourism.

Article 23. Reissuance of the Representative Office Establishment Permit

1. The Representative Office Establishment Permit will be reissued in the following cases:

a) Change of name or place of registration of the foreign advertising enterprise to another country;

b) Change in the activities of the foreign advertising enterprise;

c) Loss or damage of the permit.

2. Within seven working days, the foreign advertising enterprise must complete the procedures for reissuing the Representative Office Establishment Permit.

3. Documentation for reissuing the Representative Office Establishment Permit includes:

a) A request for reissuance of the Representative Office Establishment Permit signed by an authorized representative of the foreign advertising enterprise according to a form prescribed by the Ministry of Culture, Sports and Tourism;

4. The procedure for reissuing the Representative Office Establishment Permit shall be carried out in accordance with Clause 2, Article 20 of this Decree.

Article 24. Revocation of the Representative Office Establishment Permit; Termination of Operations of the Representative Office

1. The Representative Office Establishment Permit will be revoked in the following cases:

a) Operating contrary to its purpose or not in accordance with the contents stipulated in the permit;

b) Engaging in advertising service business activities;

c) Failing to report on the operations of the representative office annually for two consecutive years;

d) Not operating for six months from the date of issuance of the Representative Office Establishment Permit;

đ) Failing to submit reports as requested by the competent state agency within six months from the date of the written request.

2. The representative office will cease operations in the following cases:

a) At the request of the foreign advertising enterprise having a representative office in Vietnam and approved by the agency issuing the permit;

b) Being revoked according to Clause 1 of this Article;

c) When the foreign advertising enterprise ceases operations under the laws of the country where it was established or registered.

3. In cases of termination of operations as provided for in Points a and c of Clause 2 of this Article, foreign advertising enterprises must submit a written notice of the termination of operations of the Representative Office to the Provincial People's Committee where the Representative Office is located at least thirty days before the termination date and must return the establishment permit to the issuing authority.

Article 25. Fees for issuing, reissuing, amending, and supplementing the Representative Office Establishment Permit

1. Foreign advertising enterprises when requesting to issue, reissue, amend, or supplement the License to establish Representative Offices in Vietnam must pay fees as prescribed by law.

2. The Ministry of Finance shall specify in detail the fee levels, management, and use of the fees stipulated in Clause 1 of this Article.

Chapter VI

ASSIGNMENT OF RESPONSIBILITIES FOR STATE MANAGEMENT OF ADVERTISING

Article 26. Responsibilities of the Ministry of Culture, Sports and Tourism for State Management of Advertising

The Ministry of Culture, Sports and Tourism is responsible before the Government for performing state management functions over advertising nationwide, with the following tasks and powers:

1. Building and submitting to competent authorities for issuance, or issuing within its authority, mechanisms, policies, and laws governing advertising activities;

2. Guiding and urging the construction of outdoor advertising planning at local levels;

3. Establishing and organizing the review board for advertising products;

4. Organizing training and professional development in specialized knowledge and management in advertising activities;

5. Inspecting, supervising, and handling violations of advertising laws according to the provisions of the law;

6. International cooperation in the field of advertising;

7. Other tasks as prescribed by law.

Article 27. Responsibilities of Relevant Ministries for State Management of Advertising

1. The Ministry of Information and Communications within its scope of duties and powers has the following responsibilities:

a) Implement tasks related to advertising management on newspapers, online environments, publications, and integrated advertising on postal, telecommunications, and information technology products and services in accordance with the provisions of the law;

b) Issuing, amending, supplementing, and revoking Licenses for broadcasting channels and programs dedicated to advertising on radio and television;

c) Accepting procedures for notification of supplements dedicated to advertising for printed newspapers;

d) Inspect and supervise the compliance with laws in advertising activities on newspapers, online environments, publications, and integrated advertising on postal, telecommunications, and information technology products and services;

2. The Ministry of Health, the Ministry of Agriculture and Rural Development, and the Ministry of Industry and Trade within their scope of duties and powers have the following responsibilities:

a) Coordinate with the Ministry of Culture, Sports and Tourism in state management of advertising; state management of advertising content for special products, goods, and services within the sectors and fields assigned;

b) Organizing the implementation of legal regulations on advertising for special products, goods, and services under their management;

c) Inspecting and supervising compliance with advertising laws in their assigned sectors.

3. Ministries, ministerial-level agencies, and government agencies within their scope of duties and powers have the responsibility to perform state management of advertising according to their authority.

Article 28. Responsibilities of Provincial People's Committees for State Management of Advertising

Provincial People's Committees are responsible for state management of advertising activities within their jurisdiction, with the following tasks:

1. Issuing, reissuing, amending, supplementing, and revoking Licenses to establish Representative Offices of foreign advertising enterprises;

2. Organizing the construction, approval, and implementation of outdoor advertising planning within their jurisdiction;

3. Organizing and guiding the implementation of legal provisions on advertising at the local level;

4. Organizing training and professional development to enhance management and expertise in advertising at the local level;

5. Inspecting, supervising, and handling violations of advertising activities according to their authority;

6. Regularly report on the management of advertising activities within the jurisdiction to the Ministry of Culture, Sports and Tourism before December 31 each year, and submit ad hoc reports as required by competent state agencies;

7. Other tasks as prescribed by law.

Chapter VII

IMPLEMENTING PROVISIONS

Article 29. Effective Date

1. This Decree takes effect from January 1, 2014.

2. Decree No. 24/2003/NĐ-CP dated March 13, 2003 of the Government detailing the implementation of the Advertising Ordinance ceases to be effective from the date this Decree takes effect.

Article 30. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities, and relevant organizations and individuals are responsible for implementing this Decree./.