Circular No. 79/2005/TT-BVHTT amending and supplementing certain provisions of Circular No. 43/2003/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

Amending and supplementing certain provisions of Circular No. 43/2003/TT-BVHTT dated July 16, 2003 of the Ministry of Culture and Information guiding the implementation

of 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;

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

The Ministry of Culture and Information hereby issues Circular No. 43/2003/TT-BVHTT dated July 16, 2003 guiding the implementation of Decree No. 24/2003/NĐ-CP dated March 13, 2003 of the Government detailing the implementation of the Advertising Ordinance. Now, to align with current circumstances, the Ministry of Culture and Information issues this Circular to amend and supplement certain provisions of Circular No. 43/2003/TT-BVHTT as follows:

1. Amending and supplementing point c, Clause 2, Section II:

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

"c) The number of pages of special advertising supplements or special advertising editions must be numbered separately; they must have the same format and be distributed together with the main publication.

On the first page of the special advertising supplement or special advertising edition, the following information must be clearly stated:

- Below the masthead of the media organization, the phrase “Special advertising supplement (or special advertising edition) not included in the price” must be printed;

- License number ... date ... month ... year ... of the Ministry of Culture and Information."

2. Amending and supplementing Clause 6, Section II:

"6. Advertising for products such as sanitary napkins, condoms, skin treatment medicines, deworming solutions, feminine hygiene solutions shall be regulated as follows:

a) Such advertisements shall not be broadcast on radio or television from 6 PM to 8 PM daily;

b) Outdoor advertising must comply with approved planning regarding location, size, and quantity of advertised products."

3. Amending and supplementing Clause 7, Section II:

"7. Advertising in publications:

a) Advertising in video tapes, video discs; audio tapes, audio discs (which are not publications of State Publishers) must be permitted by the competent authority issuing the license for the program; it shall not exceed 5% of the program duration.

b) Advertising for business activities involving goods and services in catalogs, flyers, brochures, and other printed materials must clearly state the name, address of the advertiser, print quantity, and printing place."

4. Amending and supplementing Clause 9, Section II:

"9. Advertising during cultural exchanges, art performances, sports competitions, or entertainment programs on television stations does not require a separate advertising permit but must comply with the following regulations:

a) Advertising on stage backdrop: If the backdrop displays, hangs, sticks, or sets up sponsored products, the name and logo of the program must be displayed, and it must comply with Article 13 of Decree No. 24/2003/NĐ-CP.

In cases where there is only one sponsor, no more than two sponsored products can be hung, placed, stuck, or set up; if there are multiple sponsors, each sponsor can only hang, place, stick, or set up one sponsored product.

b) Apart from the advertising on stage backdrop specified in point a of this clause, each sponsor can only hang, place, stick, or set up no more than one sponsored product in the performance area."

5. Amending and supplementing Clause 12, Section II:

"12. Organizations and individuals advertising about business operations, goods, and services on advertising media must present the documents stipulated in Article 17 of Decree No. 24/2003/NĐ-CP to advertising service providers or advertising broadcasters.

In cases of advertising about promotional programs, the registration acceptance document for the promotional program content issued by the competent state management agency for trade according to the laws on commercial activities must be presented."

Abolishing Clause 13, Section II.

7. Amending and supplementing Clause 1, Section III:

6. "1. Application forms and procedures for requesting permission to publish special advertising supplements or special advertising editions for print newspapers; special advertising channels or programs for radio and television stations:

a) Media organizations wishing to request permission to publish special advertising supplements or special advertising editions; special advertising channels or programs must submit application forms to the Press Department (Ministry of Culture and Information). The application form includes:

- Request for permission to publish special advertising supplements or special advertising editions; special advertising channels or programs (according to Appendix 1 model);

- Opinion of the supervisory agency (if there is a supervisory agency);

- A copy of the valid press operation license issued by the Ministry of Culture and Information.

b) Within 30 working days from the date of receipt of complete and valid applications, the Press Department will issue a special advertising supplement or special advertising edition; special advertising channel or program permission to the media organization (according to Appendix 2 model); in case of refusal, a written response with reasons must be provided.

c) Within 7 working days from the date of issuance of the special advertising supplement or special advertising edition; special advertising channel or program permission, the Press Department must send a copy of the permission to the Department of Culture and Information at the location of the main office of the media organization."

Abolishing point d, Clause 3, Section III.

9. Amending point g, Clause 3, Section III:

8. "g) For advertising about promotional programs, there must be a registration acceptance document for the promotional program content issued by the competent state management agency for trade according to the laws on commercial activities.

In cases of requesting an extension of the advertising period (without changes in content, form, location, or size), a request for an extension of the advertising period along with the previously issued advertising permission must be submitted."

This Circular takes effect 15 days after its publication in the Official Gazette./.

In the case of requesting an extension to implement advertising (if there is no change in content, form, location, or size), an application for an extension to implement advertising must be submitted along with the previously issued advertising implementation permit.

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