Decree No. 194-CP On advertising activities within the territory of Vietnam

DECREE

Regarding advertising activities on the territory of Vietnam

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Press Law dated January 2, 1990;

To create favorable conditions for organizations and individuals from various economic sectors to expand and develop production, business, services, and cultural-social activities; to protect consumer interests; to ensure social order and safety, environmental protection, and national cultural identity;

To bring advertising activities into compliance with the law;

Considering the proposal of the Minister of Culture and Information;

DECREE:

PART I

PROVISIONS

Article 1. - Advertising activities include the introduction and wide dissemination of information about enterprises, goods, services, product trademarks, names, and symbols according to the operational needs of production, business, and service establishments.

Information activities of Party and State agencies, and social organizations aimed at propagating policies, laws, and regulations do not fall within the scope of this Decree.

Article 2. - The State creates favorable conditions for organizations and individuals to engage in advertising activities. All organizations and individuals involved in advertising must strictly comply with current laws.

Article 3. - The State uniformly manages advertising activities. Any acts hindering lawful advertising activities or exploiting advertising under any form to cause damage to the interests of the State, society, and citizens are strictly prohibited.

PART II

FORMS, MEANS, AND SCOPE OF ADVERTISING

Article 4. - Advertising forms are expressed through speech, writing, symbols, images, drawings, sound, and other means that convey information to the public.

Article 5.

1. The content of advertisements includes information that advertisers wish to communicate widely to the public. Advertisement content must be accurate and truthful, reflecting the true characteristics, effects, quality of goods and services, operational needs of production, business, and service establishments, and must be recognized by competent State authorities.

2. Advertisement content must be clear, easy to understand, avoid confusion, and be consistent with Vietnamese culture and customs generally and specific local characteristics.

3. Speech and writing in advertisements must be in Vietnamese, except in the following cases:

a) Books and publications permitted to be published in foreign languages.

b) Radio and television programs in foreign languages.

c) Abbreviations and writings of product trademarks in foreign languages. International trade names of production, business, and service establishments approved by competent State authorities. Terms that have been internationalized or terms that cannot be replaced by Vietnamese.

d) If both foreign language speech and writing are used, then:

Vietnamese writing must appear first, above, and in larger size than foreign language writing.

Vietnamese speech must be read first, followed by foreign language speech.

Article 6. - The following types of advertisements are strictly prohibited:

1. Contrary to Vietnamese law, harmful to personal dignity, traditional customs, health, and refined lifestyle of Vietnamese people, revealing state secrets, false advertising of registered product quality, defaming others and their products.

2. Using the National Flag, National Anthem, National Emblem, images of leaders, Party Flag, Internationale as backgrounds for advertising presentations.

3. Forms of expression, shapes, and colors similar to traffic signals or public signs, unclear, unclean.

4. Goods banned or restricted for sale or consumption during certain periods.

5. Advertising for press, works not yet granted publication, distribution, or performance permits.

6. Advertising for medicinal herbs, pharmaceuticals, cosmetics, medical equipment, and other medical activities without permission from competent health authorities.

7. False advertising that adversely affects national interests, organizations, or individuals.

8. Advertising on the front page 1, page one of newspapers, magazines, special issues, supplements.

9. Inserting advertisements within news articles, cross-promoting in news programs and other specialized programs on radio and television, except for foreign relay broadcasts.

10. Outdoor advertising affecting traffic safety, obscuring traffic signs, limiting the visibility of drivers and pedestrians, hindering fire prevention and extinguishing efforts, impacting the aesthetic value of architectural works and the environment.

11. Advertising placed, erected, installed, hung, pasted, or attached at:

Places with images of leaders or political slogans.

Areas around offices of State management agencies at all levels.

Areas of diplomatic and reception facilities of the State.

City squares, parks, national parks, historical sites, military zones, cultural buildings classified.

Museums, schools, hospitals, cemeteries, communal houses, temples, churches, chapels.

Places where State documents are posted.

Placing before and obscuring existing advertisements that have not expired.

Spanning waterways, roads, highways.

12. Advertising using loud sounds from 11 PM to 4 AM.

Article 7. - Advertising media are tools through which advertising is carried out, including:

1. Newspapers, magazines, supplements, bulletins, special issues, books, leaflets, loose sheets, and other printed reproductions.

2. Television programs, radio programs, commercial films, commercial music, and audiovisual recordings of commercials.

3. Symbols and signs of organizations and individuals engaged in production, business, and service; banners, posters, advertising on fixed and mobile media, on transportation vehicles, or on clothing, hats, bags, and other items.

4. Light-emitting objects, airborne objects, salespeople, sampling points for product trials, food and drink tasting, distributing free samples; fashion shows, product exhibitions, sponsorships of sports events with advertising content.

Article 8. - Duration, area, and scope of advertising:

1. The maximum duration of advertisements has been stipulated as follows:

a) A campaign for a daily newspaper advertisement shall not exceed five days. A campaign for a television advertisement shall not exceed eight days and shall not be broadcast more than five times a day. A campaign for a radio advertisement shall not exceed five days and shall not be broadcast more than ten times a day.

b) The printed area of advertisements shall not exceed 10% of the total printed area of the publication; the duration of advertising programs shall not exceed 5% of the broadcasting time of radio and television programs.

If wishing to publish supplements or open additional channels for advertising programs, permission from the competent press management agency must be obtained. Increasing the number of advertising pages without increasing the price of newspapers or magazines is not allowed.

c) The validity period for outdoor advertising shall not exceed one year. Upon expiration, if wishing to continue, the advertiser or advertising service organization must apply for renewal and only after obtaining permission may they continue advertising.

d) The forms of advertising under Clause 3 and 4 of Article 7 must be conducted at the location and within the time period specified in the permit issued by the Ministry of Culture and Information.

CHAPTER III

CONDITIONS AND PROCEDURES FOR ADVERTISING ACTIVITIES

Article 9.

1. The advertiser, whether an individual or an organization with advertising needs, must meet the following conditions:

Obtain a business license if it is a production, trading, or service establishment.

Products or goods intended for advertising must have a quality certification issued by the competent authority in Vietnam.

Trademarks, symbols, or names of production, trading, or service establishments intended for advertising must have a registration certificate issued by the competent authority in Vietnam.

2. The advertiser is responsible under the law for the truthfulness and accuracy of the advertising content.

Article 10. - Advertising service providers are individuals or organizations that carry out all or part of the advertising activities requested by the advertiser.

1. Advertising service providers must meet the following conditions:

a) Hold a business license for advertising services issued by the competent authority.

b) Hold a professional practice license issued by the competent authority.

State-owned enterprises providing advertising services must comply with the provisions of Decree No. 388-HĐBT dated November 20, 1991 of the Council of Ministers (now the Government).

Private companies providing advertising services must comply with the provisions of the Company Law and the Law on Private Enterprises.

Individual businesses operating below the legal capital limit providing advertising services must comply with the provisions of Decree No. 66-HĐBT dated March 2, 1992 of the Council of Ministers (now the Government) and guidelines of the Ministry of Culture and Information.

2. Advertising service providers with headquarters in a locality can only operate in that locality. If they wish to advertise outside their local area, they must obtain permission from the Ministry of Culture and Information.

Advertising service providers must have specialized professions, means of transaction, and places of operation.

3. Advertising service providers are responsible for requesting advertisers to present relevant documents related to the accuracy and truthfulness of the advertising content before its presentation and are liable under the law for the presentation of such content.

The relationship between the advertiser and the advertising service provider is based on a contract.

Article 11. - State-owned enterprises under central agencies, state-owned enterprises under provinces, and centrally-administered cities providing advertising services must obtain a professional practice license from the Ministry of Culture and Information.

Private companies, private enterprises, and individual businesses operating below the legal capital limit providing advertising services must obtain a professional practice license from the Department of Culture and Information.

Article 12. - The application for advertising permission includes:

1. An application form for advertising permission (according to a unified model prescribed by the Ministry of Culture and Information).

2. A certified copy of the business license for production, trading, or service.

3. A certified copy of the product quality standard certification, a certified copy of the product trademark registration certificate, name, symbol, etc.

4. If the advertising service provider applies for advertising permission on behalf of the advertiser, they must attach a certified copy of the contract between the advertiser and the advertising service provider.

5. Applications for advertising permission must be submitted to the relevant agency.

Article 13. - For advertising using billboards, posters, fixed or mobile signs, in addition to the provisions of Article 12, the following must be included in the application:

A layout diagram of the advertising placement location must conform to the planning and be confirmed by the District, County, or City Cultural and Information Office managing the area.

An advertising sample (maket).

A contract between the advertising service provider and the owner or user of the location or means where the advertisement will be placed.

Article 14. - Advertising service providers, mass media agencies providing advertising services, and those leasing locations for advertising placement must:

1. Pay taxes as prescribed by law.

2. Pay fees for applying for advertising permits as prescribed by the State.

Taxes and fees must be paid into the State budget.

Article 15. - After receiving a complete application, the competent authority must issue the advertising permit within twenty days. If the permit is not issued, the reasons must be clearly stated and a written response provided to the applicant.

If the person granted the permit does not implement it within fifteen days from the date of issuance, the permit becomes invalid (except in special cases requiring the consent of the issuing authority).

In case of complaints, the agency that issued the permit must handle them; if unresolved, the complainant has the right to appeal to a higher competent State agency.

PART IV

ADVERTISING OF GOODS PRODUCED BY FOREIGN COUNTRIES

AND THE ADVERTISER IS NOT A VIETNAMESE LEGAL PERSON

Article 16. All advertising activities for foreign goods and services in Vietnam, where the advertiser is not a Vietnamese legal person, must enter into an advertising contract with Vietnamese advertising service providers.

Procedures for foreign advertising service providers must comply with the provisions of Chapter III of this Decree.

Article 17. Goods produced by foreign countries wishing to be advertised must meet the following conditions:

1. Have been granted import permission into Vietnam.

2. Trademarks and symbols must be registered for industrial property rights in the country of origin or in Vietnam.

3. Have a quality certification from the producing country or Vietnam.

4. If they are pharmaceuticals, medicinal herbs, cosmetics, or medical devices, they must have approval from the Ministry of Health of Vietnam.

CHAPTER V

STATE MANAGEMENT OF ADVERTISING ACTIVITIES

Article 18. - The Ministry of Culture and Information is the state management agency for advertising activities nationwide, with the following tasks and powers:

1. Assisting the Government in drafting and promulgating regulatory documents on advertising.

2. Coordinating with relevant sectors to provide detailed guidance on the implementation of advertising activities.

3. Inspecting and handling violations.

4. Issuing licenses for advertising service activities for central agencies, organizations engaged in advertising services throughout the country, and allowing foreign advertisements to be advertised in Vietnam (specific locations and forms are determined by the People's Committees of provinces and cities).

Article 19. - The People's Committees of provinces and centrally-administered cities issue licenses for advertising activities of local agencies and implement state management over advertising within their territorial jurisdiction.

Article 20. - Directors of Publishing Houses, Radio Stations, Television Stations, and Chief Editors of press agencies must conduct advertising activities in accordance with the provisions set forth in this Decree.

Chapter VI

In case of difficulties during implementation, units and localities should report to the Ministry of Health (Traditional Medicine Department) for guidance and resolution./.

Article 21. - The specialized inspection body under the Ministry of Culture and Information organizes inspections and handles violations in the field of advertising.

Article 22. - Advertisers and heads of advertising service organizations who violate the provisions of this Decree shall be subject to administrative penalties or criminal prosecution, and must compensate for damages according to the law, depending on the extent of damage caused to consumer interests and producers, traders, and service providers.

Article 23. - State managers responsible for advertising who violate the provisions of this Decree shall be subject to disciplinary action, administrative penalties, or criminal prosecution, depending on the degree of violation.

Article 24. - Fixed or mobile outdoor advertisements that do not clearly indicate the license number, validity period, and name of the advertising service provider shall be removed; the advertising service provider shall bear all costs.

Chapter VII

IMPLEMENTING PROVISIONS

Article 25. - This Decree takes effect from the date of signature.

Previous regulations on advertising that conflict with this Decree are hereby abolished.

Article 26. - The Ministry of Culture and Information shall coordinate with relevant sectors to guide the implementation of this Decree.

Article 27. - The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairmen of provincial and centrally-administered city People's Committees are responsible for enforcing this Decree./.