Joint Circular No. 85/2008/TTLT-BVHTTDL-BTTTT guiding the issuance of permits, registration, implementation of advertising on press, computer information networks, publications, and inspection, supervision, and handling of violations.

JOINT CIRCULAR

Guidelines on issuing permits, registering, implementing advertisements in the press, on computer information networks, publications, and inspection, supervision, and handling of violations

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Pursuant to the Press Law of 1989, the Law Amending and Supplementing Certain Provisions of the Press Law of 1999;

Pursuant to the Publishing Law of 2004;

Pursuant to the Law on Information Technology 2006;

Pursuant to the Advertising Ordinance of 2001;

Pursuant to the Administrative Violation Handling Ordinance of 2002; the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violation Handling Ordinance of 2008;

Pursuant to Decree No. 185/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

Pursuant to Decree No. 187/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications,

To ensure and enhance the effectiveness of state management over advertising activities in the press, on computer information networks, and publications; the Ministry of Culture, Sports and Tourism and the Ministry of Information and Communications hereby jointly issue guidelines on issuing permits, registering, implementing advertisements in the press, on computer information networks, publications, and inspection, supervision, and handling of violations as follows:

PART I

GENERAL PROVISIONS

1. This Circular guides the issuance of permits for advertising in the press; registration for implementing advertising on computer information networks; advertising in publications, and inspection, supervision, and handling of violations.

2. This Circular applies to:

2.1. Vietnamese and foreign organizations, individuals participating in advertising activities in the press, on computer information networks, and publications in Vietnam (hereinafter referred to as organizations, individuals);

2.2. Relevant agencies under the Ministry of Culture, Sports and Tourism;

2.3. Relevant agencies under the Ministry of Information and Communications;

2.4. Departments of Culture, Sports and Tourism of provinces and centrally-administered cities;

2.5. Departments of Information and Communications of provinces and centrally-administered cities.

Responsibilities and coordination relationships

3.1. The Ministry of Information and Communications:

a) Implement the issuance of permits for advertising activities in the press; organize registration for advertising activities on computer information networks and manage advertising activities in publications;

b) Take the lead and coordinate with the Ministry of Culture, Sports and Tourism to conduct inspections and supervisions on compliance with laws and regulations regarding advertising in the press, on computer information networks, and publications;

c) Handle administrative violations concerning illegal advertising activities in the press, on computer information networks, and publications according to the provisions of the law.

3.2. The Ministry of Culture, Sports and Tourism:

a) Direct and guide provincial Departments of Culture, Sports and Tourism to cooperate with provincial Departments of Information and Communications in managing advertising activities in the press, on computer information networks, and publications;

b) Coordinate with the Ministry of Information and Communications in conducting inspections and supervisions on compliance with laws and regulations regarding advertising activities in the press, on computer information networks, and publications.

3.3. Provincial Departments of Information and Communications:

a) Carry out state management over advertising activities in the press, on computer information networks, and publications within their respective provinces and centrally-administered cities;

b) Take the lead and coordinate with provincial Departments of Culture, Sports and Tourism to inspect and supervise compliance with laws and regulations concerning advertising activities in the press, on computer information networks, and publications within their respective provinces and centrally-administered cities;

c) Handle administrative violations concerning illegal advertising activities in the press, on computer information networks, and publications of organizations and individuals within their respective provinces and centrally-administered cities according to the provisions of the law.

3.4. Provincial Departments of Culture, Sports and Tourism:

Coordinate with provincial Departments of Information and Communications in carrying out state management over advertising activities in the press, on computer information networks, and publications within their respective provinces and centrally-administered cities.

PART II

ISSUING PERMITS FOR ADVERTISING IN THE PRESS, REGISTERING ADVERTISING ON COMPUTER INFORMATION NETWORKS AND IMPLEMENTING ADVERTISING IN PUBLICATIONS

1. Issuing permits for advertising in the press

1.1 Procedures for issuing permits:

a) Press agencies wishing to publish supplements, channels, programs dedicated to advertising must apply for permission. Application documents should be sent to the Press Department (Ministry of Information and Communications) for supplements dedicated to advertising in print newspapers and magazines; the Radio, Television, and Electronic Information Management Department (Ministry of Information and Communications) for channels and programs dedicated to advertising in radio and television. Documents include:

- Application form for issuing permits for supplements, channels, and programs dedicated to advertising (Annex 1);

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

- Copy of the Press Operation Permit (certified or notarized)

b) Within thirty (30) working days from the date of receipt of complete and valid documents, the Press Department, the Radio, Television, and Electronic Information Management Department will consider issuing permits for supplements, channels, and programs dedicated to advertising for press agencies (Annex 2). In case of refusal to issue a permit, a written response with detailed reasons must be provided.

1.2. Amending and supplementing permits:

a) Press agencies wishing to amend the content of permits for supplements, channels, and programs dedicated to advertising must submit application documents for amending and supplementing permits to the competent authority issuing the permit as stipulated in Point 1.1 Clause 1 Section II of this Circular. Documents include:

- Application form for amending and supplementing permits (Annex 1);

- Copy of the currently valid permit (certified or notarized)

b) Within fifteen (15) working days from the date of receiving complete and valid application files, the Press Agency and the Radio, Television, and Electronic Information Management Agency shall examine and issue a Permit for amendment and supplementation to news agencies (Annex 3). In case of not issuing such a permit, they must provide a written response stating the reasons. 1.3. Within seven (07) working days from the date of issuing a permit for supplements, channels, specialized advertising programs, or a permit for amendment and supplementation, the Press Agency and the Radio, Television, and Electronic Information Management Agency under the Ministry of Information and Communications shall send copies of the issued permits to the Grassroots Cultural Administration Department (Ministry of Culture, Sports and Tourism), the Department of Information and Communications, and the Department of Culture, Sports and Tourism at the location where the news agency has its main office for coordination in management work.

2. Registration for Advertising on Computer Network

2.1. Application Documents and Procedures

a) Prior to conducting advertising on a computer network, organizations and individuals must submit an Advertising Registration Application to the Radio, Television, and Electronic Information Management Agency (Ministry of Information and Communications). The application includes:

- Advertising Implementation Registration (Annex 4)

- Two (02) copies of disks or similar media containing the advertisement products.

b) Upon receipt of complete and valid application files, the Radio, Television, and Electronic Information Management Agency shall issue an Advertisement Registration Application Receipt to the advertiser (Annex 5). Within five (05) working days from the date of issuance of the Advertisement Registration Application Receipt, if the Radio, Television, and Electronic Information Management Agency does not provide a written notice requesting amendments or supplements to the advertisement content, the organization or individual may proceed with the advertisement according to the registered content. In cases requiring amendments or supplements, the organization or individual may only conduct the advertisement after completing the required modifications and supplements to the advertisement content as requested by the Agency.

2.2. Organizations and individuals wishing to amend or change the content of previously registered advertisements must re-register in accordance with the procedures, formalities, and requirements stipulated in point 2.1, Clause 2, Section II of this Circular.

2.3. Within three (03) working days from the date the organization or individual is permitted to conduct the advertisement according to the registered content, the Radio, Television, and Electronic Information Management Agency shall be responsible for sending copies of the Advertisement Registration Application Receipt for advertising on a computer network to the Grassroots Cultural Administration Department (Ministry of Culture, Sports and Tourism), the Department of Culture, Sports and Tourism, and the Department of Information and Communications at the location where the organization or individual has its main office for coordination in management work.

3. Advertising on Publishing Products and Non-Publishing Print Products:

3.1. Advertising on publishing products shall be carried out in accordance with the Law on Publishing and the implementing regulations thereof;

3.2. Advertising for goods and services trading activities on catalogs, flyers, brochures, and other non-publishing print products must clearly state the name and address of the advertiser, the number of prints, and the printing place.

3.3. Advertising in video tapes, video discs; audio tapes, audio discs (which are not publications of publishers) must be approved by the competent authority issuing a permit for the program's distribution; the duration of the advertisement must not exceed five percent (5%) of the total program duration.

PART III

INSPECTION, AUDIT AND HANDLING OF VIOLATIONS REGARDING ADVERTISING IN THE PRESS, COMPUTER INFORMATION NETWORKS AND PUBLICATIONS

1. Inspection and Supervision

1.1. The Inspectorate under the Ministry of Information and Communications shall take the lead and coordinate with the Inspectorate under the Ministry of Culture, Sports and Tourism; the Inspectorate under the Department of Information and Communications shall take the lead and coordinate with the Inspectorate under the Department of Culture, Sports and Tourism to develop annual inspection and audit programs for advertising activities in the press, computer information networks, publications, and implement them accordingly.

1.2. In cases of inspections and audits outside the programs and plans mentioned in Point 1.1, Clause 1, Part III of this Circular, the Inspectorate under the Ministry of Information and Communications and the Inspectorate under the Department of Information and Communications shall have the responsibility to notify in writing the Inspectorate under the Ministry of Culture, Sports and Tourism; the Inspectorate under the Department of Culture, Sports and Tourism to coordinate in implementation.

1.3. The preparation and completion of legal procedures for each inspection and audit round shall be led by the Inspectorate under the Ministry of Information and Communications and the Inspectorate under the Department of Information and Communications.

1.4. Upon completion of the inspection and audit round, the inspection and audit team shall have the responsibility to report and submit the inspection and audit conclusions to the leadership of both Ministries.

2. Disciplinary Actions

2.1. Administrative violations regarding advertising in the press, computer information networks, and publications shall be handled by the Inspectorate under the Ministry of Information and Communications and the Inspectorate under the Department of Information and Communications in accordance with the provisions of the law.

2.2. When discovering acts of violation concerning advertising activities in the press, computer information networks, and publications, the Inspectorate under the Ministry of Culture, Sports and Tourism and the Inspectorate under the Department of Culture, Sports and Tourism shall have the responsibility to notify the Inspectorate under the Ministry of Information and Communications and the Inspectorate under the Department of Information and Communications to consider and handle according to their authority.

2.3. The Inspectorate under the Ministry of Information and Communications and the Inspectorate under the Department of Information and Communications shall send the administrative violation handling decision to the Inspectorate under the Ministry of Culture, Sports and Tourism and the Inspectorate under the Department of Culture, Sports and Tourism.

PART IV

IMPLEMENTATION

1. The Ministry of Culture, Sports and Tourism and the Ministry of Information and Communications shall direct, guide, and inspect relevant subordinate units to strictly implement the guidelines set forth in this Circular.

2. During the implementation process, if any difficulties arise, subordinate agencies and units under the two Ministries, Departments of Information and Communications, Departments of Culture, Sports and Tourism, organizations, and individuals need to promptly report and reflect to the inter-ministerial body for consideration and resolution.

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

4. Abolish the following provisions:

- Clause 2, Section III and Appendix 1 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;

- Clause 3, Clause 7 of Circular No. 79/2005/TT-BVHTT dated December 8, 2005, of the Ministry of Culture and Information 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./.