Circular No. 85/1999/TT-BVHTT guiding the implementation of certain points regarding advertising activities as stipulated in Decree No. 194/CP dated December 31, 1994, Decree No. 87/CP dated December 12, 1995, and Decree No. 32/1999/NĐ-CP issued in 1999 by the Government.

CIRCULAR

Guidelines for implementing certain points regarding advertising activities as stipulated in

 Decree No. 194/CP dated December 31, 1994, Decree No. 87/CP dated December 12, 1995,

 Decree No. 32/1999/NĐ-CP of the Government in 1999

Pursuant to Decree No. 194/CP dated December 31, 1994 of the Government on advertising activities within the territory of Vietnam;

Based on Decree No. 87/CP dated December 12, 1995 of the Government on strengthening the management of cultural activities and cultural services, and intensifying the elimination of serious social evils;

Pursuant to Decree No. 32/1999/NĐ-CP dated May 5, 1999 of the Government on promotions, commercial advertising, and trade fairs and exhibitions;

To strengthen state management, create favorable conditions for advertising activities to develop, after consultation and unification with relevant ministries and sectors, the Ministry of Culture and Information provides specific guidelines for the following points:

PART I

GENERAL PROVISIONS

Article 1: Organizations and individuals engaged in advertising activities must comply with the relevant provisions of Decree No. 194/CP, Decree No. 87/CP, Decree No. 32/1999/NĐ-CP, and the specific guidelines set forth in this Circular.

Article 2: The concepts in Decree No. 194/CP of the Government shall be understood as follows:

1. Headquarters of state administrative agencies at all levels (Clause 11, Article 6 of Decree No. 194/CP) include legislative bodies, executive bodies, judicial bodies, and political social organizations.

2. Placing before and obscuring existing advertisements (Clause 11, Article 6 of Decree No. 194/CP) means standing at the centerline of traffic where the advertisement placed first is viewed from the front (perpendicular angle), the advertisement placed second does not obscure more than 10% of the area of the first advertisement.

3. Accompanying advertising content (Clause 4, Article 7 of Decree No. 194/CP) refers to using posters, banners, signs, paintings, tapes, flags, slogans for propaganda, promotion, or introducing art festivals, sports competitions, fashion shows, and other forms that may also display symbols, images, product names, or introduce the names, logos of organizations or individuals for advertising purposes.

4. A campaign (Point a, Clause 1, Article 8 of Decree No. 194/CP) is a continuous period for advertising. The interval between two campaigns for advertising in daily newspapers, radio, and television must be at least five days.

Advertising time on radio and television is the amount of broadcast time allocated to advertising by a channel in a day.

- Advertising time on video tapes, music tapes, films shall not exceed 5% of the program duration.

Article 3: Some concepts in Decree No. 194/CP have been modified to align with professional standards or new regulations of relevant sectors:

1. "Quality Registration Certificate" or "Certificate of Conformity with Vietnamese Standards" replaces "Quality Certification" as stipulated in Clause 1, Article 9 or "Quality Standard Certification" as stipulated in Clause 3, Article 17 of Decree No. 194/CP.

2. Customers are also understood to be advertisers (individuals or entities seeking to advertise their products or services).

3. Transaction location is the headquarters of the advertising service unit; place of practice is where the work (or advertising product) is performed such as factories, recording studios.

Article 4: Organizations and individuals who have obtained a Business Registration Certificate for advertising activities must register in writing with the Department of Culture and Information at their main office location when operating.

The registration document must clearly state:

- Name and address of the organization or individual holding the Business Registration Certificate;

- Business Registration Certificate number issued and issuing authority.

Attached to the registration document must be a certified copy of the Business Registration Certificate.

Chapter II

CONTENT, FORM, AND SCOPE OF ADVERTISING

Article 5: Advertising content (including information about the features, effects, quality of goods and services and images, language used) must be confirmed by competent authorities, specifically as follows:

1. Domestic products:

a) Products in the mandatory quality registration list (list published by the Ministry of Science, Technology, and Environment) must obtain a quality registration certificate from the standardization, measurement, and quality control agency;

b) Products in the mandatory conformity certification list (Vietnamese Technical Standards - TCVN) must obtain a conformity certification from the General Bureau of Standardization, Measurement, and Quality Control or according to Decision No. 59/TĐC-QĐ dated April 7, 1998 of the General Bureau of Standardization, Measurement, and Quality Control (for enterprises that self-declare product quality).

2. For imported foreign products, a legal import confirmation certificate is required. If the products fall under the mandatory quality inspection list, they must be inspected and certified by the General Bureau of Standardization, Measurement, and Quality Control or relevant sectoral ministries to meet national standards.

3. Advertising of pharmaceuticals (medicines and drug ingredients), cosmetics, vaccines, immunological products, medical devices, and foodstuffs must be approved by the competent authority of the Ministry of Health with a certificate of compliance with quality standards.

4. Advertising of biological products for agriculture, animal husbandry, livestock feed, veterinary drugs, plant protection chemicals, seeds, and breeds must be confirmed by the Ministry of Agriculture and Rural Development.

5. Trademarks, geographical indications, industrial designs, utility models, and inventions must be registered by the competent authority of the Ministry of Science and Technology and Environment with corresponding certificates as follows:

a. Intellectual property rights certificates (trademark registration certificate, design patent certificate, utility model patent certificate, invention patent certificate, geographical indication registration certificate).

b. Certificate of registration of intellectual property transfer contracts (license agreement registration certificate).

c. Confirmation letter regarding protected intellectual property objects in Vietnam under international treaties to which Vietnam is a party.

6. Advertising of business operations of companies, service providers, vocational training institutions, recruitment agencies, or similar entities must be accompanied by establishment decisions and business registration certificates issued by superior authorities or specialized regulatory agencies.

Article 6: Enterprises and companies producing and trading in multiple industries, products, and items under a common brand (company name) must specify the industry, product, and item being advertised, and cannot use the general brand name alone.

Article 7: Prohibit advertising for goods that are banned from trade by the State, limit advertising for goods with restricted consumption, and prohibit the following forms of advertising:

1. Goods and products prohibited from being advertised in any form include:

a. Medicines sold to patients based on prescriptions (PRESCRIPTIONS) issued by doctors; medicines that have not been registered or have been removed from the list of permitted medicines due to expired registration; medical devices and cosmetics that have not been approved for use in Vietnam;

b. All types of tobacco products;

c. Advertising on the covers of exercise books and student textbooks;

d. Advertising the names of organizations or individuals who are "sponsors" with sizes equal to or larger than those of logos, emblems, or names of cultural and sports activities placed at the same level or higher;

đ. Advertising dishes made from rare and precious wild animal meat.

2. Advertising of goods and services subject to restricted trade shall be carried out in accordance with the provisions of Article 16 of Decree No. 32/1999/NĐ-CP.

3. Limitations on alcohol advertising are as follows:

a. Domestic alcoholic beverages with an alcohol content of 15 degrees or less may be advertised in print media as follows:

- Print media may advertise only one brand of alcohol per issue. A brand of alcohol may be advertised in no more than five consecutive issues of the same publication during each campaign. Each campaign must be separated by at least seven days for daily publications, three issues for publications released every other day. For publications released weekly or more frequently, each campaign must be separated by at least one issue.

- Radio and television stations may advertise one brand of alcohol per channel broadcast per day. Each day may not exceed two advertisements, and the advertisements must be aired consecutively within a period of no more than five days. Each campaign for a brand of alcohol must be separated by at least ten days.

b. Domestic alcoholic beverages with an alcohol content of 16 degrees or more may only be advertised within the boundaries of the production enterprise and in the premises of distributors, but must ensure that people outside the enterprise's boundary and store cannot see, hear, or read them.

During New Year celebrations and the anniversary of the establishment of the enterprise, they may publish or broadcast once in the media a message congratulating customers and introducing their name, address, and emblem.

c. Alcoholic medicines and health tonics shall be advertised in accordance with the regulations set forth in the "Regulations on Information and Advertising of Drugs and Cosmetics for Human Use" issued together with Decision No. 322/BYT dated February 28, 1997 of the Ministry of Health.

d. In addition to the provisions in points a, b, and c of this clause, it is strictly forbidden to advertise alcohol in any other form.

4. Prohibit using sound to advertise in a manner that disrupts public order.

Article 8: Advertising in the press

1. Newspapers, magazines, radio and television stations (press agencies) publishing advertisements are specified as follows:

a. Newspapers and magazines wishing to advertise more than 10% of their area must apply to the press management agency for permission to publish a separate advertising supplement. The advertising supplement must be bound separately and distributed with the newspaper but may not increase the price. The number of pages in the advertising supplement may not exceed 50% of the main newspaper's page count.

b. If radio and television stations wish to broadcast more than 5% of advertisements, they must apply to the press management agency for permission to open additional programs or channels for advertising.

2. Strictly prohibit advertising in the press in the following forms:

a. Advertising on the front cover, first page, special edition, or supplementary issue of newspapers, magazines; advertising in the top 2/3 of the main pages (excluding advertising supplements) of newspapers with dimensions of 30cm x 45cm or larger;

b. Publishing two or more advertisements for the same product or brand in the same issue of a printed publication or broadcasting two or more advertisements for the same product or brand in the same program (section) on television;

c. Advertising mixed within news articles or features; advertising interspersed within news programs, special sections, or cultural programs on radio and television, except for foreign broadcasts;

d. Advertising inserted into television drama series, family video films, or public screenings; except when advertising is inserted between episodes of multi-part programs where each episode exceeds 45 minutes in length;

e. Advertising immediately following the station's signature tune or visual identifier.

Article 9: Organizations and individuals setting up signboards do not need to obtain permission. Signboards may only be hung at the premises where they are located, within the range of the building's canopy. They may not be placed on sidewalks or hung on tree trunks or utility poles.

Chapter III

CONDITIONS FOR PROCEDURES AND AUTHORITY TO ISSUE ADVERTISING PERMITS

Article 10:

1. The Ministry of Culture and Information shall examine the content, form of expression, and issue permits for the following types of advertising:

a. Advertising on films, video tapes, and discs;

b. Advertising in publications;

c. Advertising on screens placed at public places managed by central agencies;

d. Issuing permits for press agencies to publish additional supplements, editions, and advertising channels.

2. The Department of Culture and Information shall issue Advertising Permits in accordance with Clause 2, Article 27 of Decree 87/CP and for advertising on screens placed at public places managed by local agencies.

3. Foreign investment cooperation in the field of advertising shall be carried out in accordance with Circular 08/1998/TT-BVHTT dated December 7, 1998, issued by the Ministry of Culture and Information, guiding the implementation of Decree No. 10/1998/NĐ-CP dated January 23, 1998, of the Government on encouraging and ensuring foreign direct investment activities in Vietnam.

Article 11: APPLICATION PROCEDURE FOR ADVERTISING PERMITS

Organizations and individuals wishing to conduct advertising must submit their application files to the competent authority as stipulated in Clause 2, Article 10 and Article 15 of this Circular:

The documents include:

1. Application for conducting advertising (Annex 1).

2. Certified copy of the Business Registration Certificate for advertising services (for advertising service enterprises) or business registration certificate for trade sectors and products (for enterprises and individuals directly advertising as prescribed in Articles 11, 12, and 13 of Decree No. 32/1999/NĐ-CP).

3. Quality registration certificate or patent/certificate as required.

4. For outdoor advertising boards and signs with an area of 40 square meters or more, there must be an assessment of construction structure by a legal entity.² phải có thẩm định về kết cấu xây dựng của cơ quan có tư cách pháp nhân.

5. Lease contract for the location where the advertisement sign is placed; layout diagram of the sign placement location.

6. Presentation of the contract between the advertiser and the advertising executor.

7. Sample (layout) for advertising in the form of panels, posters, signs, boards, and advertising on transportation means, publications; images and voice for advertising on films, video tapes, and discs.

Article 12: TIME LIMIT FOR ISSUING ADVERTISING PERMITS

1. Within twenty days (for outdoor advertising boards and signs) and ten days (for other types of advertising) from the date of receiving complete and valid applications, competent authorities must issue permits according to the unified model. In case of refusal, a written response stating the reasons must be provided. If no response is received within the specified time limit, the applicant has the right to conduct advertising according to the applied content and form.

2. The validity period of the Outdoor Advertising Permit for each outdoor advertisement is twelve months from the date of issuance. After fifteen days from the date of issuance, if the organization or individual does not implement the advertisement, the permit becomes invalid.

3. Only after obtaining the Advertising Permit (Annex 2) can organizations and individuals conduct advertising.

4. All acts of buying, selling, exchanging, or forging permits are strictly prohibited.

Article 13: Competent authorities must comply with the following regulations:

1. Publicly display the advertising plan and regulations on procedures and fees.

2. Issue a receipt when the applicant submits complete and valid documents.

3. Files related to permit issuance must be retained and recorded in ledgers according to the unified format (Annex 3).

Article 14: All advertising business, service, self-advertising, and rental of locations and means for placing advertisements must pay taxes, fees, and charges as prescribed by law.

- Organizations and individuals applying for an Advertising Permit must pay the examination fee as guided by the Ministry of Culture and Information and the Ministry of Finance in Circular No. 28/TTLB dated May 30, 1996.

Apart from the prescribed taxes and fees, advertisers are not required to pay any additional amounts or goods.

Chapter IV

STATE MANAGEMENT OF ADVERTISING ACTIVITIES

Article 15: The Ministry of Culture and Information is the state management agency for advertising activities nationwide. It is responsible before the Minister of Culture and Information for managing the following units:

1. Basic Cultural Information Bureau:

State management of advertising activities nationwide.

- Examine the content and form of advertising as prescribed in Point a, b, c, Clause 1, Article 10 of this Circular.

Regularly inspect and coordinate with specialized cultural information inspection agencies to inspect advertising activities.

- Summarize the situation of management and advertising activities periodically (every six months, annually).

2. Press Department: Manage advertising activities in the press sector.

3. Publishing Department: Manage advertising activities in the publishing sector.

4. Film Department: Manage advertising activities in the film, video tape, and disc sectors.

5. Performing Arts Department: Manage advertising activities in the performing arts sector.

Article 16: The Department of Culture and Information is responsible before the Provincial People's Committee for implementing the following tasks:

1. Manage advertising activities in the locality.

2. Take the lead in coordinating with relevant departments to develop advertising plans in the locality for approval by the Provincial People's Committee, including:

- Planning for organizations and individuals engaged in advertising activities;

- Planning for areas, streets, and locations permitted for advertising;

- Planning for the scale, size, and number of advertising forms in each area to ensure safety in fire prevention, construction structure, urban aesthetics, and traffic safety.

3. Take the lead in coordinating with functional departments in the locality to organize inspections, supervision, and handling of violations as prescribed.

4. Issue permits for advertising activities within its authority.

5. Report regularly to the Ministry of Culture and Information (Basic Cultural Information Bureau) on the issuance of permits, planning, inspection, and supervision of advertising activities in the locality.

Chapter V

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

Article 17:

1. Specialized inspection agencies under the Ministry of Culture and Information are responsible for inspecting advertising activities throughout the country.

2. Specialized inspection agencies under the Department of Culture and Information are responsible for inspecting advertising activities in their respective localities.

3. Inspection contents include:

- Inspecting the issuance of Advertising Permits by state management agencies.

- Inspecting the implementation of Advertising Permits.

- Inspect the implementation of other regulations concerning advertising activities.

Article 18: Organizations and individuals engaged in advertising who commit violations shall be subject to administrative penalties or criminal liability追究刑事责任，根据法律规定。

Article 19:

1. The authority to impose administrative penalties for violations in advertising activities and the fines shall be carried out in accordance with the provisions of Decree No. 88/CP dated December 14, 1995 of the Government on administrative penalties in cultural activities, cultural services, and social evil prevention activities and current laws.

2. Organizations and individuals subject to penalties must comply with the penalty decision and have the right to submit complaints to competent state agencies in accordance with the Law on Complaints and Petitions.

3. Organizations and individuals making erroneous penalty decisions causing material losses to advertisers must compensate for damages in accordance with the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 20: This Circular takes effect fifteen days from the date of signature.

The following documents shall cease to be effective from the date this Circular takes effect:

- Circular 37/VHTT-TT dated July 1, 1995 of the Ministry of Culture and Information guiding the implementation of Decree No. 194/CP.

- Circular 07/1998/TT-BVHTT dated December 5, 1998 of the Ministry of Culture and Information amending and supplementing Article 5 of Circular No. 37/VHTT-TT.

- Letter No. 82/BC dated January 9, 1997 of the Ministry of Culture and Information.

- Letter No. 3176/BC dated September 29, 1997 of the Ministry of Culture and Information.

All other provisions previously issued by the Ministry of Culture and Information that contradict the provisions of this Circular are hereby abolished.

Article 21: Attached to this Circular is an appendix containing forms numbered from 1 to 3./.