JOINT CIRCULAR No. 96/2004/TTLT/BVHTT-BNN&PTNT ON GUIDELINES FOR ADVERTISING CERTAIN GOODS IN THE AGRICULTURE AND RURAL DEVELOPMENT SECTOR

CIRCULAR

Regarding guidance on advertising certain goods in the agricultural and rural development sector

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  On the basis of the Advertising Ordinance No. 39/2001/PL-UBTVQH10 dated November 6, 2001.

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

  On the basis of the Circular No. 43/2003/TT-BVHTT dated July 16, 2003 of the Ministry of Culture, Sports and Tourism guiding the implementation of the Government Decree No. 24/2003/NĐ-CP.

  Jointly: The Ministry of Culture, Sports and Tourism and the Ministry of Agriculture and Rural Development provide guidance on advertising certain goods in the agricultural and rural development sector as follows:

Section I

GENERAL PROVISIONS

1. This Circular applies to organizations and individuals in Vietnam, foreign organizations and individuals (hereinafter referred to collectively as organizations and individuals) advertising certain goods in the agricultural and rural development sector in Vietnam.

2. Organizations and individuals advertising certain goods in the agricultural and rural development sector in Vietnam must comply with the provisions of the Advertising Ordinance, the Government Decree No. 24/2003/NĐ-CP dated March 13, 2003 detailing the implementation of the Advertising Ordinance (hereinafter referred to as Decree No. 24/2003/NĐ-CP), the Circular No. 43/2003/TT-BVHTT dated July 16, 2003 of the Ministry of Culture, Sports and Tourism guiding the implementation of the Decree No. 24/2003/NĐ-CP (hereinafter referred to as Circular No. 43/2003/TT-BVHTT), specific provisions in this joint circular, and other relevant legal regulations.

3. This Circular stipulates conditions for advertising, content of advertisements, registration procedures for advertisements, inspection, supervision, and handling of violations related to advertising certain goods in the agricultural and rural development sector including:

a) Plant protection chemicals, raw materials for plant protection chemicals, beneficial organisms used in plant protection, plant protection materials.

b) Fertilizers and biological products for crop cultivation.

c) Livestock and crop seeds.

d) Veterinary drugs, raw materials for veterinary drugs, biological products used in veterinary medicine (hereinafter collectively referred to as veterinary drugs), veterinary materials.

đ) Livestock feed, raw materials for livestock feed production, biological products for livestock farming.

PART II

ADVERTISING ACTIVITIES

1. Content of advertisements

a) The content of advertisements for plant protection chemicals, raw materials for plant protection chemicals, beneficial organisms used in plant protection, plant protection materials must ensure the following information and conditions:

- Trade name of plant protection chemicals, active ingredient name, active ingredient concentration and form of the chemical, name of beneficial organisms used in plant protection, name of plant protection materials.

- Name and address of the organization or individual producing, processing, bottling, packaging, supplying.

- Functionality, effects, and usage method of registered plant protection chemicals, permitted beneficial organisms, plant protection materials.

- Usage instructions and special warnings.

b) The content of advertisements for fertilizers and biological products for crop cultivation must ensure the following information and conditions:

- Name of fertilizer or biological product (set by the organization or individual producing it).

- Name and address of the organization or individual producing, trading, processing.

- Functionality, effects, and precautions for storage and usage.

- Production technology for fertilizers and biological products for crop cultivation.

c) The content of advertisements for livestock and crop seeds must ensure the following information and conditions:

- Name, origin, selection and breeding methods for livestock and crop seeds.

- Name and address of the organization or individual producing, trading.

- Biological characteristics of livestock and crop seeds.

- Usage instructions and special warnings.

d) The content of advertisements for veterinary drugs and veterinary materials must ensure the following information and conditions:

- Generic name, international common name, brand name (set by the manufacturer).

- Name and address of the organization or individual producing, trading.

- Functionality and effects of veterinary drugs and veterinary materials.

- Usage instructions and special warnings.

đ) The content of advertisements for livestock feed, raw materials for livestock feed production, biological products for livestock farming must ensure the following information and conditions:

- Name of livestock feed, raw materials for livestock feed, biological products for livestock farming.

- Name and address of the organization or individual producing, trading.

- Origin of raw materials in production.

- Food safety when used for livestock and poultry.

- Usage instructions, storage guidelines, and special warnings.

2. Prohibited advertising activities in the agricultural and rural development sector include:

a) Advertising plant protection chemicals, raw materials for plant protection chemicals, beneficial organisms used in plant protection, plant protection materials, veterinary drugs, veterinary materials that are prohibited from use, restricted use, or not included in the list of permitted uses.

b) Advertising fertilizers, crop seeds, livestock seeds, livestock feed, biological products for livestock farming and crop cultivation that are not included in the list of permitted production, trading, and use in Vietnam.

Section III

REGISTRATION PROCEDURES FOR ADVERTISEMENTS AND APPLICATION PROCEDURES FOR PERMIT TO IMPLEMENT ADVERTISEMENTS

1. Registration dossier for advertisements

The registration dossier for advertisements includes:

a) Advertisement registration application form (Annex 1).

b) Certificate for each type of product or commodity specified as follows:

- A certified copy of the registration certificate for advertisements of plant protection chemicals, raw materials for plant protection chemicals, beneficial organisms used in plant protection, plant protection materials.

- A certified copy of the product quality certificate or self-declaration of product quality for advertisements of fertilizers and biological products for crop cultivation, livestock feed, raw materials for livestock feed production, biological products for livestock farming.

- A certified copy of the product circulation permit and summary of product characteristics for advertisements of veterinary drugs.

- A certified copy of the certification for imported livestock and crop seeds for advertisements of seed types.

c) Advertised products recorded on tapes, discs, or promotional materials.

2. Procedures for reviewing advertisement registration dossiers.

a) Organizations and individuals must submit advertising registration files to the Ministry of Agriculture and Rural Development before conducting advertisements on print media, broadcast media, online media, publications (including films, images, video tapes, audio tapes) of central agencies, on the Internet, and on transportation means.

The Ministry of Agriculture and Rural Development authorizes units to receive and process advertising registration files as follows:

- The Plant Protection Department receives and processes registration files for plant protection chemicals, raw materials for plant protection chemicals, beneficial organisms used in plant protection, and plant protection materials.

- The Agricultural Department receives and processes registration files for fertilizers and biological products for crop production, livestock feed, raw materials for livestock feed processing, biological products for livestock breeding, animal and plant seeds.

- The Animal Health Department receives and processes registration files for veterinary drugs and veterinary supplies.

b) Organizations and individuals must submit advertising registration files to the Provincial Department of Agriculture and Rural Development where the advertisement will be conducted or to specialized agencies authorized by the Provincial Department of Agriculture and Rural Development before conducting advertisements on advertising media not covered under point a and c of Clause 2, Section III of this Circular.

c) Organizations and individuals must submit advertising registration files to the Provincial Department of Agriculture and Rural Development where the transportation means are registered or to specialized agencies authorized by the Provincial Department of Agriculture and Rural Development before conducting advertisements on transportation means.

3. Procedure for examining advertising registration.

a) After receiving valid advertising registration files, the agency receiving the file sends a receipt of file submission (according to Model Appendix 2) to the organization or individual submitting the registration. If the agency does not issue a written request for modification or supplementation within ten working days from the date recorded on the Receipt of File Submission, the organization or individual may advertise according to the registered content.

b) In case the advertising registration file is incomplete or requires modification or supplementation, the agency receiving the file notifies the organization or individual submitting the registration in writing to modify or supplement the advertising content.

c) Upon receiving a written request to complete the file or modify or supplement the advertising content, the organization or individual submitting the registration must complete necessary procedures or modify or supplement the content as required and resubmit to the agency receiving the file. After receiving the modified or supplemented file, the agency sends a receipt of file submission (according to Model Appendix 2) to the organization or individual submitting the registration. If the agency does not issue a written request for modification or supplementation within ten working days from the date recorded on the Receipt of File Submission, the organization or individual may advertise according to the registered content.

d) In case the organization or individual submitting the registration modifies or supplements the content but it does not match the content specified in the written request for modification or supplementation issued by the agency receiving the file, the agency will notify the organization or individual that they cannot advertise according to the registered content.

4. Advertising content registered with the Ministry of Agriculture and Rural Development does not need to be registered again with the Provincial Department of Agriculture and Rural Development when advertised on local advertising media as stipulated in point b of Clause 2, Section III of this Circular.

5. For agricultural and rural development goods advertised and already granted permission to advertise according to Clause 3, Section III of this Circular, if there is a change in content or form, a new registration procedure must be followed; the registration file and procedures shall comply with the provisions of Clauses 1 and 2, Section III of this Circular.

6. Application for an Advertising Permit or Registration for advertising certain goods in the field of agriculture and rural development on advertising media must be applied for or registered.

The application for an Advertising Permit or Registration for advertising certain goods in the field of agriculture and rural development on advertising media shall be carried out in accordance with the provisions of Circular No. 43/2003/TT-BVHTT.

PART IV

IMPLEMENTING PROVISIONS

1. Inspection, supervision, and handling of violations.

Specialized inspection agencies of agriculture and rural development and cultural and information have the responsibility to independently or collaboratively organize inspections and investigations regarding advertising certain goods in the field of agriculture and rural development, and handle violations according to the law.

Organizations and individuals who violate the provisions of this Circular in advertising certain goods in the field of agriculture and rural development will be subject to administrative penalties depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.

2. Implementation.

a) The Ministry of Culture, Sports and Tourism, within its assigned functions and tasks, is responsible for coordinating with the Ministry of Agriculture and Rural Development to manage state affairs concerning advertising certain goods in the field of agriculture and rural development.

b) The Ministry of Agriculture and Rural Development is responsible for guiding specialized departments and provincial departments of agriculture and rural development in receiving files and issuing permits for advertising registrations.

3. Effectiveness of the Circular.

This joint circular takes effect fifteen days after its publication in the Official Gazette. Previous regulations of the Ministry of Agriculture and Rural Development and the Ministry of Culture, Sports and Tourism concerning advertising in the field of agriculture and rural development that conflict with this Circular are hereby abolished.

During implementation, if any issues arise, organizations and individuals should promptly report them to the Ministry of Culture, Sports and Tourism and the Ministry of Agriculture and Rural Development for research and resolution./.