CIRCULAR

Guidelines for implementing Decree No. 24/2003/NĐ-CP dated March 13, 2003 of the Government

Pursuant to Decree No. 24/2003/NĐ-CP dated March 13, 2003 of the Government detailing the implementation of the Advertising Ordinance;

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Based on the Advertising Ordinance No. 39/2001/PL-UBTVQH10 dated November 16, 2001;

Based on Decree No. 24/2003/NĐ-CP dated March 13, 2003 of the Government detailing the implementation of the Advertising Ordinance;

Based on Decree No. 63/2003/NĐ-CP dated June 11, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture and Information;

The Ministry of Culture and Information issues guidelines for implementing Decree No. 24/2003/NĐ-CP dated March 13, 2003 of the Government detailing the implementation of the Advertising Ordinance as follows:

Section 1:

GENERAL PROVISIONS

1. Organizations and individuals engaged in advertising must comply with the provisions of the Advertising Ordinance; Decree No. 24/2003/NĐ-CP dated March 13, 2003 of the Government detailing the implementation of the Advertising Ordinance (hereinafter referred to as Decree No. 24/2003/NĐ-CP); specific provisions set forth in this Circular and other relevant laws.

2. Some terms in Decree No. 24/2003/NĐ-CP shall be understood as follows:

a) Workplace of state agencies refers to the headquarters of state agencies at all levels; political organizations; police and military camps;

b) Large-scale advertising in urban areas means advertising displayed in the form of boards, signs, billboards, and similar forms using various materials with a single surface area of 40 square meters or more;² (square meters) or more;

c) Time-limited activities refer to activities clearly defined with start and end times such as trade fairs, exhibitions, contests, performances, and other similar events;

d) Similar forms to boards, signs, billboards, banners include covers, flags, objects, shapes, and other forms that display advertising products;

đ) Public places refer to locations where many people pass through or participate in activities such as markets, restaurants, ports, bus stations, train stations, squares, tourist areas, cultural and sports venues, entertainment areas, intersections of major roads;

e) Political works include Party documents, resolutions, directives; classic books on Marxism-Leninism and Ho Chi Minh Thought; political theory research books; history books and historical studies; books about senior Party and State leaders; revolutionary memoirs; books on legal texts; legal propaganda books; traditional education books; job guidance books of political organizations and political-social organizations;

g) Using sound that exceeds the permitted noise level according to Vietnam's standards as specified in the standard issued under Decision No. 2351/1998/QĐ-BKHCNMT dated December 5, 1998 of the Ministry of Science, Technology, and Environment (now the Ministry of Science and Technology, code number TCVN: 5949:1998);

h) Supplementary pages, supplementary editions (supplementary issues) dedicated to advertising are additional advertising pages beyond the main newspaper pages and are published together with the main issue.

3. Organizations and individuals must obtain written consent from the organization or individual whose image or name they intend to use for advertising purposes.

4. For goods for which the law does not require producers to have a business registration certificate, such as agricultural products, food, seafood produced by farmers and certain other goods, when advertising these goods, there is no need for a business registration certificate, but the advertiser and the publisher of the advertisement must ensure the truthfulness and accuracy regarding the quality of the advertised goods.

5. For goods and services prohibited by law from being advertised in any form, the logo and trademark of such goods and services are also prohibited from being displayed in any form on advertising media.

Section 2:

ADVERTISING ACTIVITIES

1. Content and Form of Advertising

a) The information content in the advertising product must correspond to the quality and brand already announced or registered with the competent state management agency;

b) When organizations and individuals advertise a common logo or brand for multiple types of goods and services, including those prohibited from being advertised, the advertisement of the logo or brand must clearly indicate the types of goods and services that are not prohibited from being advertised.

2. Advertising in the Press

a) The permissible advertising area shall not exceed 10% of the total area of the pages of a newspaper or magazine approved for publication by the Ministry of Culture and Information;

b) Media outlets wishing to advertise more than 10% of the area for printed newspapers, more than 5% of the time for radio and television stations must apply to the Ministry of Culture and Information for supplementary pages, supplementary editions, or specialized advertising channels;

c) The number of pages in supplementary pages or editions dedicated to advertising shall not exceed the number of pages in the main edition and must be separately numbered. In cases where the number of pages in supplementary pages or editions dedicated to advertising has been granted permission by the Ministry of Culture and Information without contravening Clause 1 of Article 6 of Decree No. 24/2003/NĐ-CP, it may continue to be implemented;

d) Specialized advertising programs on radio and television stations approved by the Ministry of Culture and Information must clearly announce the specific duration of the advertising program to viewers and listeners right from the beginning of the program.

3. Advertising for Alcohol

a) Alcoholic beverages with an alcohol content of 15 degrees or less can only be advertised in print media, online media, radio, television, and computer information networks like other goods advertised on these media;

b) Alcoholic beverages with an alcohol content above 15 degrees can only be advertised within the premises of the alcohol production enterprise, inside retail stores, and distribution points, ensuring that people outside these premises cannot read, hear, or see the advertisements;

c) Medicinal alcoholic beverages shall be carried out in accordance with the "Regulations on Information about Medicines for Human Use" issued by the Ministry of Health;

d) In addition to the provisions in points a, b, and c of this clause, advertising for alcoholic beverages in any other form is strictly prohibited.

4. Advertising for tobacco products is strictly prohibited in any form pursuant to Resolution No. 12/2000/NQ-CP dated August 14, 2000 of the Government on National Policy on Tobacco Control for the period 2000-2010.

5. Advertising for breast milk substitutes shall be conducted in accordance with Decree No. 74/2000/NĐ-CP dated December 6, 2000 of the Government on business operations and usage of breast milk substitutes to protect and encourage breastfeeding and Circular Joint No. 04/2001/TTLT/YT-TM-VHTT-UBBVCSTEVN dated March 14, 2001 of the Ministry of Health - Ministry of Trade - Ministry of Culture and Information - Committee for Child Protection and Care (now the Population, Family and Children Committee) guiding the implementation of Decree No. 74/2000/NĐ-CP dated December 6, 2000.

6. Advertising for products such as sanitary napkins, toilet paper, condoms, topical medications, and similar items shall not be broadcast on radio or television from 6 PM to 8 PM daily; nor shall they be hung, placed, or displayed on stage backdrops during artistic performances or entertainment programs; outdoor advertising must comply with local regulations regarding location, time, and size of advertisements for these types of products.

7. For books that may be advertised, the number of pages dedicated to advertising shall not exceed 5% of the total number of pages in the book. Internal circulation books issued by authorized agencies shall not be advertised.

8. Advertising on boards, signs, billboards, screens, banners, illuminated objects, airborne or underwater objects, mobile objects, and similar forms hung, placed, or affixed outdoors shall be regulated as follows:

a) Outdoor advertising on boards, signs, billboards, screens, and banners hung, placed, or affixed outdoors must comply with local advertising planning and construction laws;

b) Outdoor advertising on dedicated screens hung, placed, or erected outdoors shall not use sound;

c) Advertising for profit-making business activities, goods, and services shall not obstruct traffic or use the national flag as a background for advertising;

d) Advertising for activities with defined timeframes must have their duration determined by competent state authorities to serve as the basis for permitted advertising times;

e) Advertising on boards, signs, billboards, banners, illuminated objects, airborne or underwater objects, mobile objects, and similar forms hung, placed, or affixed on transportation vehicles can be made of any material such as wood, metal sheets, plastic, glass, fabric, or other materials, and must comply with local advertising planning and obtain an advertisement implementation permit. The product advertisement area on the vehicle body shall not exceed 50% of the painted surface area recorded in the vehicle registration. Advertising shall not be placed on the front or rear of the vehicle. If the cargo box has a single face area of 0.5 square meters or more and displays an advertisement, it must obtain an advertisement implementation permit from the Department of Culture and Information where the vehicle is registered.

f) Cargo boxes with a single face area of 0.5 square meters or more displaying advertisements attached to motorcycles must obtain an advertisement implementation permit from the Department of Culture and Information where the vehicle is registered.² 9) In cultural exchanges, art performances, conferences, seminars, sports competitions, or entertainment programs on television, if the backdrop features sponsor advertisements, no separate advertisement permit is required, but the backdrop must display the name and logo of the program and comply with Article 13 of Decree No. 24/2003/NĐ-CP.

If there is only one sponsor, no more than two advertisements shall be hung, placed, or displayed. If there are multiple sponsors, each sponsor may hang, place, or display only one advertisement.

10. Advertising for artistic performances must accurately reflect the content of the performance permit; advertising interspersed within or through artistic performances must be approved by the competent authority reviewing the performance.

11. Advertising on computer information networks:

a) Agencies, organizations, enterprises, after obtaining an Internet Content Provider (ICP) license from the Ministry of Culture, Sports and Tourism and a business registration certificate for advertising services as stipulated by law, are permitted to operate advertising services on the Internet;

b) Agencies, organizations, enterprises permitted to establish websites on the Internet may only introduce their own business activities, goods, and services. They shall not introduce other enterprises or goods and services that they do not produce or sell.

12. Organizations and individuals advertising business activities, goods, and services on advertising media must present the documents specified in Article 17 of Decree No. 24/2003/NĐ-CP to the advertising service provider or the advertising distributor.

In the case of promotional advertising, they must present a confirmation document about the promotional program's content with legal validity from the competent state management agency for trade.

13. Advertising activities involving foreign elements.

a) Vietnamese agencies, organizations, or individuals engaged in advertising services cooperate with foreign entities under joint venture contracts or joint stock companies and must submit investment permit applications in accordance with foreign investment laws in Vietnam;

b) For joint ventures, the level of investment capital and business capacity must be commensurate with the scope and field of advertising services in Vietnam.

b) For the joint venture form, the level of investment capital and business capacity must be commensurate with the scope and field of advertising service business in Vietnam.

Section 3:

Article CONDITIONS FOR PROCEDURES AND AUTHORITY TO ISSUE PERMITS

1. The application for permission to publish supplements or special editions for printed newspapers; channels or programs dedicated to advertising on radio stations and television stations shall be carried out in accordance with the provisions of the law on press activities.

2. Advertising on computer network information:

a) Advertising products conducted on computer network information (including advertising service networks and electronic news websites) regardless of whether the network owner is a Vietnamese or foreign legal entity must be directly submitted or sent via postal service to the Department of Cultural Information before implementing the advertisement according to Clause 1, Article 19 of Decree No. 24/2003/NĐ-CP.

b) In cases where the Department of Cultural Information requests modifications to the advertising product before it is uploaded onto the computer network information, the person responsible for the advertisement must make the necessary changes according to the requirements of the Department of Cultural Information.

If the person responsible for the advertisement does not agree with the modification request, the Department of Cultural Information has the right to refuse permission to conduct the advertisement on the computer network information. In such a case, the person responsible for the advertisement has the right to lodge a complaint in accordance with the law.

c) The registration dossier for conducting advertisements on computer network information includes:

- Registration for conducting advertisements on computer network information, the number of advertising products, and the time of conducting advertisements on computer network information (Annex 1).

- A certified copy of the permit for providing information on computer network information (ICP) or the permit for establishing an electronic news website.

- A certified copy of the business registration certificate for advertising services (for organizations, entities, enterprises registering to conduct advertising services on computer network information).

- Two copies of the disc or product containing the advertising products.

3. Organizations and individuals conducting advertisements on boards, signs, billboards, banners, luminous objects, aerial objects, underwater objects, mobile objects, and similar forms of advertising must submit the application dossier to the Department of Culture and Information at the location where the advertisement will be conducted. The dossier includes:

a) Application form for conducting advertisements (Annex 2);

b) A certified copy of the business registration certificate for advertising services (for advertising enterprises) or a certified copy of the business registration certificate for trade activities or goods (for enterprises or individuals conducting self-advertising);

c) A certified copy of the product quality registration certificate or other similar certificates regarding product quality for advertised goods that are required by law to have quality registration;

d) Sample (layout) of the advertising product;

đ) An assessment document from the competent authority regarding construction for boards, signs, billboards, hanging screens, placed, affixed, erected outdoors which are required by construction laws to be assessed for structural construction.

e) For advertising in the field of health or agriculture, there must be a valid receipt of the application dossier for advertising content from the state management agency in the field of health for health-related advertising or from the state management agency in the field of agriculture for agricultural advertising as stipulated in Clauses 4 and 6, Article 17 of Decree No. 24/2003/NĐ-CP.

g) For promotional advertising, there must be a valid confirmation document about the content of the promotion program from the state management agency in the field of commerce.

In cases of applying for an extension of the advertisement period (if there is no change in content, form, location, size), the applicant must submit an application for an extended advertisement period along with the previously issued advertisement permit.

4. When the term specified in the advertisement permit expires, the person conducting the advertisement must dismantle the advertisement product. For expired advertisements, if organizations or individuals wish to advertise their transaction name, address, and phone number on the same medium, they must send a written notice along with the sample (layout) to the Department of Culture and Information at the location of the advertisement.

At least ten working days before the expiration date of the advertisement, if the applicant wishes to continue the advertisement, they must submit an application for an extended advertisement period to the Department of Culture and Information that issued the original permit. In cases where the Department of Culture and Information does not issue an extension permit, they must provide a written response.

5. Organizations and individuals applying for an advertisement permit; foreign organizations and individuals engaged in advertising services applying for a representative office establishment permit or branch establishment permit in Vietnam must pay fees as prescribed by the law on fees and charges and related guidance documents on the collection, payment, and use of fees. Apart from this fee, no other payments are required.

6. Within three working days from the issuance of the advertisement permit (Annex 3), the Department of Culture and Information must send a copy of the permit to the District, County, City, and Provincial City Cultural Information Departments where the advertisement will be conducted.

7. If the permit holder does not implement the advertisement within thirty working days from the date of receiving the permit, the permit will become invalid.

8. The issuing authority must comply with the following regulations:

a) Publicly display the advertising plan, regulations on application procedures and fees;

b) Issue a receipt for the submission of applications (Annex 4);

c) The file on the issuance of permits must be retained and recorded in a unified format (Annex 5).

Section 4:

STATE MANAGEMENT

1. The Ministry of Culture and Information is the agency assisting the Government in managing national advertising activities; it is responsible to the Minister of Culture and Information for managing national advertising through the following units:

a) The Department of Cultural Information:

- Assist the Minister of Culture and Information in performing state management functions over advertising nationwide. Take the lead in coordinating with relevant Bureaus and Departments in managing advertising activities.

- Receive and take the lead in reviewing application files for permits to establish branches of foreign organizations and individuals engaged in advertising services in Vietnam, and submit them to the Ministry of Culture and Information for issuance, amendment, supplementation, or revocation of permits (Annex 6, 7).

- Review advertising products before conducting advertising on computer network information prior to implementation.

- Provide comments on the examination of commendations and violations in advertising activities.

b) The Press Bureau, Film Bureau, Publishing Bureau, Performing Arts Bureau, Literary and Artistic Copyright Bureau, and other Bureaus and Departments within their respective duties and authorities shall be responsible for coordinating with the Basic Culture and Information Bureau to manage state administration in advertising within their areas of responsibility.

c) The Inspectorate of Culture and Information shall be responsible for inspecting, handling violations, and coordinating with relevant sectors to resolve complaints and denunciations in advertising activities according to the authority stipulated in current legal documents.

2. The Department of Culture and Information shall be responsible for leading and coordinating with relevant sectors to develop advertisements for approval by the People's Committee of the province or centrally governed city; receiving applications, leading the review, and submitting them to the People's Committee of the province or centrally governed city for issuing licenses to establish representative offices of foreign organizations and individuals engaged in advertising services at the local level (Annexes 6 and 7); implementing tasks prescribed in Clause 2, Article 31 of Decree No. 24/2003/NĐ-CP of the Government; reporting every six months to the Ministry of Culture and Information (Basic Culture and Information Bureau) on the following contents:

a) Local government management documents on advertising that have been issued;

b) Advertising planning of the locality;

c) The number of businesses registered to operate advertising services with headquarters in the locality, the number of businesses operating advertising services nationwide with branches and representative offices in the locality;

d) The number and activities of branches and representative offices of organizations and individuals engaged in foreign advertising activities in the locality;

đ) The number of permits issued for advertising activities (specifically for each medium);

e) Violations in advertising activities and results of handling such violations in the locality.

Section 5

IMPLEMENTING PROVISIONS

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

2. From the date this Circular takes effect, the following documents shall be abolished:

a) Circular No. 37/VHTT-TT dated July 1, 1995 of the Ministry of Culture and Information guiding the implementation of Decree No. 194/CP dated December 31, 1994 of the Government on advertising activities in Vietnam, and Circular No. 07/1998/TT-BVHTT dated December 5, 1998 amending and supplementing Clause 5 of Circular No. 37/VHTT-TT dated July 1, 1995;

b) Other provisions previously issued by the Ministry of Culture and Information that contradict the provisions of this Circular.

3. Attached to this Circular are forms from Annex 1 to Annex 7 to be uniformly implemented throughout the country including: Registration for online advertising on computer networks; application for advertising permission and advertising permit; receipt of advertising permission application; record book for advertising permission issuance; application for and license to establish branches and representative offices of foreign organizations and individuals engaged in advertising services.