Circular No. 44/2003/TT-BVHTT guiding the implementation of Decree No. 24/2003/NĐ-CP dated March 13, 2003 of the Government detailing the implementation of the Advertising Ordinance.

CIRCULAR

Guidelines for implementing Decree No. 24/2003/NĐ-CP dated March 13, 2003 of the Government detailing the implementation of the Advertising Ordinance- Pursuant to the Advertising Ordinance No. 39/2001/PL-UBTVQH10 dated November 16, 2001;

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

- Pursuant to 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:

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.

PART I

GENERAL PROVISIONS

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 and political-social organizations; police and military camps;

b) Large-scale advertising in urban areas refers to 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;

c) Time-limited activities refer to activities clearly defined with a start and end time such as trade fairs, exhibitions, contests, performances, and other similar events;² d) Similar forms to boards, signs, billboards, and banners include tarpaulins, 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 facilities, intersections of major roads;

e) Political works include Party documents, resolutions, directives; classic books on Marxism-Leninism and President Ho Chi Minh's thought; political theory research books; history books and historical studies; books about senior Party and State leaders; revolutionary memoirs; books on legal normative documents; 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 standards implemented as prescribed in the Vietnam standard issued together with 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 or sections dedicated to advertising refer to additional advertising pages beyond the main newspaper pages and distributed 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 not required by law to have a business registration certificate, such as agricultural products, food, seafood produced by farmers, and certain other goods, when advertising such goods, a business registration certificate is not necessary, but the advertiser and the person disseminating the advertisement must ensure the truthfulness and accuracy regarding the quality of the advertised goods.

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

1. Content and Form of Advertising

a) The information content in the advertisement must correspond to the quality and brand name already announced or registered with competent state management authorities;

PART II

ADVERTISING ACTIVITIES

b) When organizations or 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 newspapers and magazines published with permission from the Ministry of Culture and Information;

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

c) The number of pages in supplementary sections dedicated to advertising must not exceed the number of pages in the main publication and must be separately numbered. In cases where the number of pages in supplementary sections dedicated to advertising has been approved by the Ministry of Culture and Information and does not contravene Clause 1 of Article 6 of Decree No. 24/2003/NĐ-CP, it may continue to be implemented.

d) Radio and television programs dedicated to advertising that have been approved by the Ministry of Culture and Information must clearly inform viewers and listeners of the specific duration of the advertising program at 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 network information platforms 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 Treatment" of the Ministry of Health;

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

c) Types of medicinal alcohol shall be implemented in accordance with the provisions of the "Regulations on Information about Medicines for Human Treatment" of the Ministry of Health;

d) In addition to the provisions set out in points a, b, and c of this Clause, all other forms of advertising for alcohol are strictly prohibited.

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

5. Advertising of breast milk substitutes shall be carried out in accordance with Decree No. 74/2000/NĐ-CP dated December 6, 2000 of the Government on business operations and use of breast milk substitutes to protect and encourage breastfeeding and Circular Joint No. 04/2001/TTLT/BYT-BTM-BVHTT-UBBVTTEVN dated March 14, 2001 of the Ministry of Health, Ministry of Trade, Ministry of Culture and Information, and the Vietnam Committee for Children's Protection and Care (now the Population, Family and Youth Committee) guiding the implementation of Decree No. 74/2000/NĐ-CP dated December 6, 2000.

6. Advertising of products that cause aesthetic displeasure or are inappropriate for the psychology and customs of the nation (such as sanitary napkins, toilet paper, condoms, skin disease medications, and similar products) shall not be conducted on radio stations and television channels from 6 PM to 8 PM daily; in artistic performance programs, entertainment programs, such products shall not be hung, placed, affixed, or erected on stage backdrops; outdoor advertising must comply with local regulations regarding location, time, and size of advertisements for such products.

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

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

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

c) Advertising about profit-making business activities, goods, and services must not span across traffic routes and must not use the national flag as a background for advertising;

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

đ) Advertising on boards, signs, billboards, banners, illuminated objects, airborne objects, underwater objects, mobile objects, and similar forms can be displayed using any material such as wood, metal sheets, plastic, glass, fabric, or other materials when hung, placed, affixed, or attached to transportation means and must comply with advertising planning and obtain a permit for advertising execution;

e) Advertisements displayed on transportation means, mobile objects such as wheelchairs, cranes, and other construction, electrical repair, and environmental sanitation vehicles must be approved by the Department of Culture and Information where the vehicle is registered and must not change more than 50% of the painted surface area of the vehicle displaying the advertisement. The color of the vehicle must match the registration record issued by the competent authority; advertising must not be placed on the front or rear of the vehicle. Cargo compartments with a single face area of 0.5 square meters or larger displaying advertisements attached to motorcycles must be approved by the Department of Culture and Information where the vehicle is registered.

9. In cultural exchanges, conferences, seminars, art performances, sports competitions, or entertainment programs on television if there are sponsor advertisements hung, placed, affixed, or erected on the backdrop, a permit for advertising execution is not required but the backdrop must display the name and logo of the program and must comply with Article 13 of Decree No. 24/2003/NĐ-CP;

If the activity has only one sponsor, no more than two sponsor advertisements may be hung, placed, affixed, or erected. If there are multiple sponsors, each sponsor may hang, place, affix, or erect only one sponsor advertisement.

10. Advertising about artistic performance programs must be consistent with the content of the performance permit; advertising interspersed within artistic performance programs or through such programs must be approved by the competent authority overseeing the performance program.

11. Advertising on computer network information:

a) Organizations and enterprises, after obtaining an Internet service provider license (ICP) from the Ministry of Culture and Information and a business registration certificate for advertising services in accordance with the law, are allowed to operate advertising services on the Internet;

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

12. Organizations and individuals advertising about 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 publisher.

For promotional advertising, they must present a confirmation document about the content of the promotion program with legal validity issued by the competent state management agency for trade.

13. Advertising activities involving foreign elements.

a) Vietnamese organizations and individuals operating advertising services cooperate with foreign organizations and individuals under joint venture contracts or joint stock companies must submit an investment permit application file in accordance with the law on foreign investment in Vietnam;

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

PART III

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 Provincial Department of Culture and Information before the advertisement is implemented according to Clause 1 of Article 19 of Decree No. 24/2003/NĐ-CP;

b) In cases where the Provincial Department of Culture and 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 in accordance with the requirements of the Provincial Department of Culture and Information.

If the person responsible for the advertisement does not agree with the modification request, the Provincial Department of Culture and 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 file 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 (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 must submit the application for permission to the Provincial Department of Culture and Information at the location where the advertisement will be conducted. The dossier includes:

a) Application 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 self-advertising);

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

d) Sample (makét) of the advertising product;

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

e) For advertising in the healthcare or agriculture sectors, there must be a legally valid document accepting the registration of advertising content from the state management agency in the healthcare sector for healthcare advertising or from the state management agency in the agriculture sector for agriculture advertising as stipulated in Clauses 4 and 6 of Article 17 of Decree No. 24/2003/NĐ-CP.

g) For promotional advertising, there must be a legally valid document confirming the content of the promotional program from the state management agency in the commerce sector.

In cases of requesting an extension of the advertisement period (if there is no change in content, form, location, or size), the application for extending the advertisement period along with the previously issued advertisement permit must be submitted.

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, or phone number on the medium, they must send a written notice along with the sample (makét) to the Provincial Department of Culture and Information at the location where the advertisement was conducted.

At least 10 working days before the expiration date of the advertisement, if wishing to continue the advertisement, the applicant must submit an application for extending the advertisement period to the Provincial Department of Culture and Information that issued the permit. In cases where the Provincial Department of Culture and Information does not grant an extension, a written response must be provided.

5. Organizations and individuals applying for an advertisement permit; foreign organizations and individuals applying for a representative office 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 fees are required.

6. Within three working days from the issuance of the advertisement permit (Annex 3), the Provincial Department of Culture and Information must send a copy of the permit to the District, County, City, and Provincial City Cultural and 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 issuance of 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 permit issuance records must be kept and entered into standardized ledgers (Annex 5).

PART IV
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 implementing state management over advertising through the following units:

a) The Basic Cultural and Information Bureau:

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

- Receives and leads the review of applications for permits to establish branches of foreign organizations and individuals engaged in advertising services in Vietnam, and submits 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 information networks.

- Provide comments on the examination of awards and the handling of 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 over advertising in their respective fields.

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 advertising plans to submit to the People's Committee of provinces and centrally-administered cities for approval; receiving applications, leading the review process, and submitting to the People's Committee of provinces and centrally-administered cities for issuing licenses to establish representative offices of foreign organizations and individuals engaged in advertising services at localities (Annexes 6 and 7); implementing tasks prescribed in Clause 2 of 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) Local advertising plans;

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

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

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

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

PART V

IMPLEMENTING PROVISIONS

This Circular takes effect fifteen days after its publication in the Official Gazette.

1. From the date this Circular takes effect, the following documents are 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. Accompanying this Circular are forms from Annex 1 to Annex 7 to be uniformly implemented nationwide including: Registration for online advertising; application for advertising permission and advertising permit; receipt of advertising permission application; record book for advertising permission issuance; application for and permit to establish branches and representative offices of foreign organizations and individuals engaged in advertising services.

7. For types of books published that are eligible for advertising, the number of advertising pages shall not exceed 5% of the total number of pages of the book. Books published for internal circulation, which are granted permission by competent authorities, shall not be advertised.