Circular No. 19/2005/TT-BVHTT guiding the implementation of the Advertising Ordinance and Resolution No. 12/2000/NQ-CP of the Government on banning tobacco advertising

CIRCULAR

Guidelines for Implementing the Advertising Ordinanceand Resolution No. 12/2000/NQ-CP of the Government on Prohibiting Tobacco Advertising

Clause 8, Article 5 of the Advertising Ordinance strictly prohibits "Advertising goods or services that are prohibited from being traded or advertised under the law." Point b, Clause 1, Section II of Resolution No. 12/2000/NQ-CP dated August 14, 2000 of the Government on National Policy to Prevent and Control the Harmful Effects of Tobacco during the Period of 2000-2010 stipulates: "Prohibition of tobacco advertising in all forms, including the use of product names, trademarks, and symbols of tobacco products with non-tobacco products and services."

Strictly prohibit organizing marketing activities, including using flight attendants to promote sales, printing labels and advertisements on transportation vehicles.

To strictly implement the above regulations, the Ministry of Culture and Information issues this Circular to provide specific guidance on prohibited tobacco advertising behaviors as follows:

1. Any act displaying the name, trademark, or symbol of a tobacco product on advertising media shall be considered as tobacco advertising.

2. The following acts shall also be considered as prohibited tobacco advertising:

2.1. Displaying part of the name, trademark, or symbol of a tobacco product on advertising media sufficient for the public to recognize it as such.

2.2. Displaying information about tobacco products or contests related to tobacco products on advertising media.

2.3. Displaying information about tobacco products or promotional program rules and results on mass media and public information channels.

2.4. In cultural, artistic, sports, entertainment, or other social activities attended by many people, funded by tobacco companies, if there is a display of the name, trademark, or symbol of a tobacco product.

2.5. Distributing to the public announcements promoting tobacco products.

2.6. Announcing promotions for tobacco products through posters or billboards larger than 0.5 square meters, more than one poster or billboard, or both at a tobacco sales location.

2.7. At tobacco sales locations, displaying more than one pack (20 cigarettes) or one carton (200 cigarettes) of a single brand of tobacco product.

2.8. Using individuals who actively and directly invite the public to participate in contests or games related to tobacco products.

2.9. Using individuals wearing names, trademarks, or symbols of tobacco products or uniforms displaying tobacco product symbols to move around streets, residential areas, or places where large crowds gather.

2.10. Other forms that make the public aware of or pay attention to tobacco products.

Advertising media include:

3.1. Media specified in Article 9 of the Advertising Ordinance and Article 14 of Decree No. 24/2003/NĐ-CP dated March 13, 2003 of the Government detailing the implementation of the Advertising Ordinance.

3.2. Communication tools capable of transmitting sound, light, and images such as telephones, messaging devices, mobile phone messaging systems (SMS), multimedia messaging systems (MMS), telephone cards, and other electronic communication tools capable of transmitting information to multiple recipients.

3.3. Architectural structures, public works, bus stops, consumer goods, flags, banners, selling items, product packaging, and loose papers attached to cigarette packs.

3.4. Other advertising media

4. The symbol of a tobacco product is understood as the image or emblem representing the tobacco product. The symbol of a tobacco product can be expressed through images, writing, sound, or light; it may be represented by one color or multiple colors, or by one or multiple solid color blocks to distinguish and identify a tobacco product.

5. This Circular takes effect fifteen days after its publication in the Official Gazette. Based on the guidelines provided in this Circular, specialized cultural and information inspectors and organizations or individuals authorized to handle advertising violations have the responsibility to detect and strictly deal with violators according to the law./.