Where issued: | Goverment | Effective date: | 01/01/2014 |
Date issued: | 14/11/2013 | Status: | Still validated |
GOVERMENT | SOCIAL REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
Number: 181 / 2013 / ND-CP | Hanoi, date 14 month 11 year 2013 |
DECREE
DETAILS IMPLEMENTATION OF SOME ARTICLES OF THE ADVERTISING LAW
Pursuant to the Law on Organization of the Government dated April 30, 2013, 25 year of 12;
Pursuant to the June 21, 6 Law on Advertising;
At the proposal of the Minister of Culture, Sports and Tourism,
The Government promulgates a Decree detailing the implementation of a number of articles of the Law on Advertising.
Chapter 1.
GENERAL RULES
Article 1. Scope
This Decree details the implementation of a number of articles of the Law on Advertising regarding advertising contents for special products, goods and services; advertising on the websites of foreign organizations and individuals trading in cross-border advertising services and generating advertising revenue in Vietnam; outdoor advertising planning; representative offices of foreign advertising enterprises in Vietnam and assign responsibility for state management of advertising.
Article 2. Subject of application
This Decree applies to Vietnamese organizations and individuals; foreign organizations and individuals participating in advertising activities in the Vietnamese territory.
Chapter 2.
ADVERTISING CONTENT OF SPECIAL PRODUCTS, GOODS, SERVICES
Article 3. Drug advertisement
1. Drug advertisement contents must be consistent with the following documents:
a) License for circulation in Vietnam;
b) The drug instruction sheet approved by the Ministry of Health;
c) The drug monograph has been recorded in the National Pharmacopoeia or in the drug documents recognized by the competent authority of the producing country.
2. Drug advertisement must contain the following contents:
a) Name of the drug according to the decision on issuance of registration number in Vietnam;
b) Name of the active ingredient of the drug:
New drugs using international nomenclature;
Drugs of medicinal origin shall be used according to Vietnamese names. In case the name of herbal ingredients is not available in Vietnam, the original name of the country of origin shall be used together with the Latin name.
c) Indications of the drug;
d) Contraindications or recommendations for special subjects such as pregnant women, nursing mothers, the elderly, children, people with chronic diseases;
dd) Name and address of the organization or individual responsible for bringing the product to market;
e) It is recommended to “Read the user manual carefully before using”.
3. Drug advertisements in audio and video newspapers must clearly read the contents specified at Points a, b and e, Clause 2 of this Article. If a drug ingredient has 03 or more active ingredients, depending on the duration of the broadcast, the name of the main active ingredient can be read or the generic names of vitamins, minerals and medicinal herbs can be read.
4. Drug advertisement on outdoor advertising media must fully satisfy the contents specified at Points a, b, dd and e, Clause 3 of this Article.
5. Indications not to be included in drug advertising include:
a) Indications for treatment of tuberculosis and leprosy;
b) Prescribing the treatment of sexually transmitted diseases;
c) Indications for treatment of chronic insomnia;
d) The indications are sexually suggestive;
dd) Indication for treatment of cancer and tumor diseases;
e) Indicated for the treatment of diabetes mellitus or other similar metabolic disorders.
6. Information and images prohibited from being used in drug advertising include:
a) Image of the patient;
b) The effect map of the drug has not been studied and evaluated;
c) Picture, name of the doctor to introduce the drug.
Article 4. Cosmetic advertising
1. Cosmetic advertising contents must conform to the following documents:
a) Declaration of cosmetic products according to the provisions of the law on pharmacy;
b) Documents evidencing the safety and effectiveness of cosmetics and complying with the guidelines on announcing cosmetic product features of international associations (if any).
2. Cosmetic advertising must have the following contents:
a) Name of cosmetics;
b) Features and uses of cosmetics;
c) Name and address of the organization or individual responsible for bringing the product to market;
d) Warnings in accordance with international agreements.
3. Do not advertise cosmetics that mislead the product as a drug.
4. Cosmetic advertising on audio and video newspapers must clearly read the contents specified at Points a, b and d, Clause 2 of this Article.
Article 5. Advertisement of food and food additives
1. Contents of advertisements for food and food additives must be consistent with the written receipt of the announcement of regulation conformity or the Certificate of conformity with food safety regulations.
2. An advertisement for food and food additives must contain the following contents:
a) Name of food, food additive;
b) Name and address of the organization or individual responsible for bringing the product to market.
3. The advertising of functional foods must comply with the provisions of Clause 2 of this Article and the following contents:
a) Main effects and side effects (if any);
b) Recommendation “This product is not a medicine and does not have the effect of replacing medicine”.
4. Do not advertise functional foods that mislead them as drugs.
5. Advertising of functional foods in audio and video newspapers must clearly read the contents specified at Point a, Clause 2 and Clause 3 of this Article.
Article 6. Advertisement of insecticidal and germicidal chemicals and preparations for household and medical use
1. Contents of advertisements for insecticides and germicidal chemicals and preparations for household and medical use must be consistent with the Certificate of circulation registration issued by the Ministry of Health.
2. An advertisement for insecticidal and germicidal chemicals and preparations for household and medical use must contain the following contents:
a) Name of insecticidal and germicidal chemicals and preparations for household and medical use;
b) Features and uses of insecticidal and germicidal chemicals and preparations for household and medical use;
c) Name and address of the organization or individual responsible for bringing the product to market;
d) It is recommended to “Read the instructions for use carefully before using” or “Limit the scope of use to products using chemicals in the restricted list”.
3. Advertisements for insecticides and germicidal chemicals and preparations for household and medical use in audio and video newspapers must clearly read the contents specified at Points a, b and d, Clause 2 of this Article.
Article 7. Advertising for medical equipment
1. Contents of advertising for medical equipment must be consistent with the Certificate of Free Sale for domestically manufactured equipment or the Import License for imported equipment.
2. An advertisement for medical equipment must contain the following contents:
a) Name of medical equipment, type, manufacturer, country of manufacture;
b) Features, effects, instructions for use, storage conditions (if any);
c) Name and address of the organization or individual responsible for bringing the product to market.
Article 8. Advertisement of dairy products and nutritional supplements for children
1. Contents of advertisements for dairy products and nutritional supplements for children must be consistent with the receipt of the announcement of regulation conformity or the written certification of publication of conformity with food safety regulations.
2. Advertisements for dairy products and nutritional supplements for children must contain the following contents:
a) Names of milk products and nutritional supplements used for children;
b) Name and address of the organization or individual responsible for bringing the product to market.
Article 9. Advertisement of medical examination and treatment services
1. Contents of advertisement for medical examination and treatment services must be consistent with the license for medical examination and treatment, for medical examination and treatment establishments, or the medical examination and treatment practice certificate, for practitioners. medical examination and treatment.
2. An advertisement for medical examination and treatment services must contain the following contents:
a) Name and address of the medical examination and treatment facility where it is licensed to operate;
b) The scope of main professional and technical activities is stated in the operation license or practice certificate which has been licensed by a competent health agency.
Article 10. Advertisement of plant protection drugs, plant protection drug ingredients, plant protection supplies, useful organisms used in plant protection, veterinary drugs and veterinary supplies
1. Contents of advertisement for plant protection drugs, plant protection drug ingredients and plant protection supplies must be consistent with the certificate of registration of plant protection drugs.
2. Contents of advertisements for beneficial organisms used in plant protection must conform to the plant quarantine permit.
3. Contents of advertisement for veterinary drugs and veterinary supplies must be consistent with the product circulation permit and the summary of product characteristics.
4. Advertisements for plant protection drugs, plant protection drug ingredients, plant protection supplies, useful organisms used in plant protection, veterinary drugs, and veterinary supplies must contain the following contents. this:
a) Names of pesticides, plant protection drug ingredients, plant protection supplies, useful organisms used in plant protection, veterinary drugs, veterinary supplies;
b) Features, effects and things to note when using and preserving;
c) Name and address of the organization or individual responsible for bringing the product to market.
Article 11. Advertisement of fertilizers, biological products for cultivation, animal feeds, biological products for animal husbandry, plant varieties and animal breeds
1. Contents of advertisements for fertilizers, biological products for cultivation, animal feeds, biological products for animal husbandry, plant varieties and animal breeds must be consistent with the product quality certificate. or written product quality announcement.
2. Advertisements for fertilizers, biological products for cultivation, animal feeds, biological products for animal husbandry, plant varieties and animal breeds must contain the following contents:
a) Names of fertilizers, biological products for cultivation, animal feeds, biological products for animal husbandry, plant varieties and livestock breeds;
b) Origin of materials in processing;
c) Name and address of the organization or individual responsible for bringing the product to market.
Article 12. Request for certification of advertising contents for special products, goods and services
1. The advertisement of special products, goods and services specified in Articles 3 to 11 of this Decree shall be carried out only after the advertisement contents have been certified by a competent state agency.
2. The Ministry of Health, the Ministry of Agriculture and Rural Development, and the Ministry of Industry and Trade are responsible for certifying the advertisement contents for special products, goods and services in the domains under their assigned management or according to the regulations. decentralization of certification authority according to regulations.
3. Within 10 working days from the date of receipt of a complete and valid application for certification of advertising content, the agency specified in Clause 2 of this Article must issue a written certification of advertising content. fox. In case of disagreement, there must be a written reply clearly stating the reason.
Chapter 3.
ADVERTISING ON THE ELECTRONICS PAGE OF FOREIGN ORGANIZATIONS AND INDIVIDUAL BUSINESS OF TRANSBORDER BIRTHDAY ADVERTISING SERVICES HAVING A GENERAL OF ADVERTISING REVENUE IN VIETNAM
Article 13. Objects and requirements of advertising activities on websites of foreign organizations and individuals providing cross-border advertising services
1. Websites of foreign organizations and individuals providing cross-border advertising services that generate advertising revenue in Vietnam are websites operating from servers located abroad. provide advertising information to users in the territory of Vietnam.
2. Vietnamese organizations and individuals that have goods and services that want to advertise on the websites of foreign organizations and individuals providing cross-border advertising services must go through advertising service dealers. Report has registered to operate legally in Vietnam.
3. Operations on websites of foreign organizations and individuals trading in cross-border advertising services and generating advertising revenue in Vietnam must pay tax in accordance with tax laws.
Article 14. Conditions for advertising activities on websites of foreign organizations and individuals providing cross-border advertising services in Vietnam
1. Websites of foreign organizations and individuals providing cross-border advertising services in Vietnam must also comply with the provisions of Vietnamese law on management, provision and use of services. Internet and information on the Internet.
2. 15 days before advertising, owners of electronic information pages of foreign organizations and individuals providing cross-border advertising services in Vietnam must notify in writing the Ministry of Culture and Sports. and Travel about the following:
a) Name and address of the Vietnamese advertising service provider authorized to provide advertising services;
b) Main business lines of Vietnamese advertising service providers authorized to provide advertising services.
Article 15. Conditions and responsibilities of advertising service providers
1. When performing advertising service contracts on websites of foreign organizations and individuals providing cross-border advertising services in Vietnam, they must satisfy the following conditions: the following case:
a) Being an enterprise with the function of providing advertising services established and operating under Vietnamese law;
b) The owner of the website of a foreign organization or individual doing business in cross-border advertising services in Vietnam signs a contract to act as a partner to provide advertising services in accordance with Vietnamese law.
2. Responsibilities of advertising service providers when performing advertising service contracts on websites of foreign organizations and individuals providing cross-border advertising services in Vietnam include: :
a) Take responsibility for advertising products when performing advertising services;
b) Carrying out activities to support, advertise, exploit and advertise on websites of foreign organizations and individuals when meeting Vietnam's legal regulations on management, supply, use of Internet services and information on the network;
c) Send a report every 6 months on the performance of advertising services to the Department of Culture, Sports and Tourism where the advertising service provider is headquartered, using the form provided by the Ministry of Culture and Sports. Sports and Tourism regulations or ad hoc reports at the request of competent state agencies.
Chapter 4.
PLANNING OUTDOOR ADVERTISING
Article 16. Requirements for locations planned for outdoor advertising
1. Do not place in traffic safety corridors, dykes, national electricity network.
2. Ensure that urban landscape architecture is not affected.
3. Determining locations for political propaganda, serving social benefits and commercial advertising positions.
Article 17. Dossier of outdoor advertising planning scheme
The outdoor advertising planning project dossier includes:
1. A report to the competent authority for approval of the planning;
2. Draft decision of the competent authority approving the planning;
3. The draft outdoor advertising planning scheme includes the following main contents:
a) Analysis and assessment of natural conditions and socio-economic conditions affecting local outdoor advertising activities, national defense and security;
b) Analyze and evaluate the current situation of outdoor advertising activities in the locality;
c) Perspectives and objectives for the formulation of outdoor advertising planning;
d) Estimated land use area for outdoor advertising billboard locations in the planning according to the development requirements of each planning period;
dd) Orientation of space and technical infrastructure for outdoor advertising in urban centers;
e) Proposing types of outdoor advertising to prioritize investment and resources for implementation;
g) The extracted map, the perspective of outdoor advertising location shown on the scale of 1/25.000 or 1/50.000;
h) Implementation plan and cost estimate;
i) Summarize, absorb and explain opinions of relevant agencies, organizations and individuals.
Article 18. Process of formulation, approval and implementation of outdoor advertising planning
Provincial-level People's Committees shall organize the formulation, approval and implementation of outdoor advertising plannings according to the following process:
1. Develop a draft of the outdoor advertising planning scheme;
2. Collecting public opinions from relevant agencies, organizations and individuals;
3. Finalize the dossier and approve the outdoor advertising planning;
4. Publicize the decision approving and post up the outdoor advertising planning scheme and detailed planning drawing at the headquarters of the People's Committees at all levels and publish it on the local mass media;
5. Implement the planning and organize bidding for outdoor advertising positions within the planning according to the provisions of the law on bidding.
Article 19. Adjustment of outdoor advertising planning
1. The outdoor advertising planning shall be adjusted in case there is an adjustment to the local socio-economic development master plan.
2. The adjustment of the outdoor advertising planning must be based on the analysis and assessment of the implementation of the planning in the previous period to determine the contents to be adjusted.
3. Provincial-level People's Committees shall approve adjustments to outdoor advertising planning schemes as prescribed in Articles 17 and 18 of this Decree.
Chapter 5.
REPRESENTATIVE OFFICE OF FOREIGN ADVERTISING ENTERPRISE IN VIETNAM
Article 20. Dossier, order of procedures and competence to grant a representative office establishment license
1. An application file for a representative office establishment license includes:
a) An application form for a license to establish a representative office, signed by a competent representative of the foreign advertising enterprise, using the form prescribed by the Ministry of Culture, Sports and Tourism;
b) A copy of the business registration certificate or equivalent documents of the foreign enterprise, certified by the competent authority where the enterprise is established or registered;
c) Audited financial statements or other documents of equivalent value proving the existence and operation of the foreign advertising enterprise in the latest fiscal year;
d) The papers specified at Points b and c of this Clause must be translated into Vietnamese and certified by Vietnamese diplomatic missions or consular offices abroad and consularly legalized. in accordance with the laws of Vietnam.
2. Order and procedures for granting a representative office establishment license:
a) The foreign advertising enterprise shall directly submit 01 (one) set of application documents for the grant of a representative office establishment license to the People's Committee of the province where the representative office is located;
b) Within 10 (ten) days from the date of receipt of complete and valid dossiers, the People's Committee of the province shall consider and grant the License to establish a representative office and send a copy of that license to the Ministry of Culture. , Sports and Tourism;
c) If the application is not valid, within 03 (three) working days from the date of receipt of the application, the People's Committee of the province shall send a written request to the foreign advertising enterprise to supplement and complete the application. file;
d) Within 45 (forty five) days from the date of issuance of the License, the representative office must operate and notify in writing the provincial-level People's Committee of the time of commencement of operation and location. location of head office, number of Vietnamese people, number of foreigners working at the representative office, contents of operation of the representative office.
Article 21. Cases of refusal to grant a representative office establishment license
1. There is evidence that the establishment of a representative office harms the independence, national sovereignty, security, national defense, historical traditions, culture, morality, fine customs and traditions of Vietnam.
2. Failing to add sufficient documents at the request of the licensing authority.
3. Other cases as provided for by law.
Article 22. Amendment and supplementation of representative office establishment license
1. Foreign advertising enterprises must request amendments and supplements to the License for establishment of a representative office in the following cases:
a) Change of name;
b) Changing the scope of activities;
c) Change of head;
d) Changing the location of the head office within a province or centrally run city.
2. Dossier of application for amendment and supplementation of a representative office establishment license includes:
a) An application form for amendment and supplementation of a representative office establishment license, signed by a competent representative of the foreign advertising enterprise, made according to the form prescribed by the Ministry of Culture, Sports and Tourism;
b) A certified copy of the representative office establishment license.
3. Within 10 days from the date of receipt of a valid dossier of the foreign advertising enterprise, the provincial-level People's Committee is responsible for granting a license to amend and supplement and send a copy of that License to Ministry of Culture, Sports and Tourism.
Article 23. Re-issuance of representative office establishment license
1. A representative office establishment license shall be re-issued in one of the following cases:
a) Change the name or place of registration of establishment of the foreign advertising enterprise to another country;
b) Change in the operation of the foreign advertising enterprise;
c) The license is lost or torn.
2. Within 7 working days, the foreign advertising enterprise must carry out procedures for re-issuance of a representative office establishment license.
3. A dossier for re-issuance of a representative office establishment license includes:
a) An application form for re-issuance of a representative office establishment license, signed by a competent representative of the foreign advertising enterprise, using the form prescribed by the Ministry of Culture, Sports and Tourism;
b) The original License for establishment of the representative office has been granted. In case the license is lost, a certification from the police agency where the license is lost must be obtained.
4. The order of re-issuance of a representative office establishment license shall comply with the provisions of Clause 2, Article 20 of this Decree.
Article 24. Revocation of representative office establishment license; Representative office ceases to operate
1. A representative office establishment license shall be revoked in the following cases:
a) Acting for improper purposes or inconsistent with the contents specified in the License;
b) Conduct advertising service business activities;
c) Failing to periodically report on the operation of the Representative Office for 2 consecutive years;
d) Failure to operate within 6 months from the date of issuance of the License to establish a representative office;
dd) Failing to send a report at the request of a competent state agency within 6 months from the date of the written request.
2. A representative office shall terminate its operation in the following cases:
a) At the request of a foreign advertising enterprise that has a representative office in Vietnam and is approved by the licensing agency;
b) The establishment license of the representative office is revoked as prescribed in Clause 1 of this Article;
c) When a foreign advertising enterprise terminates its operation according to the law of the country where such enterprise was established or registered its business.
3. In case of termination of operation according to the provisions of Points a and c, Clause 2 of this Article, the foreign advertising enterprise must send a written notice of the termination of operation of the representative office to the People's Committee of the People's Committee of Vietnam. at the provincial level where the representative office is located within at least 30 days before the date of termination of operation and must return the establishment license to the licensing agency.
Article 25. Fees for granting, re-granting, amending and supplementing representative office establishment licenses
1. Foreign advertising enterprises, when applying for the grant, re-grant, modification or supplementation of a License to become a representative office in Vietnam, must pay fees as prescribed by law.
2. The Ministry of Finance shall specify the fee levels, the management and use of fees specified in Clause 1 of this Article.
Chapter 6.
ASSIGNMENT OF RESPONSIBILITIES FOR STATE MANAGEMENT OF ADVERTISING
Article 26. Responsibilities for state management of advertising by the Ministry of Culture, Sports and Tourism
The Ministry of Culture, Sports and Tourism is answerable to the Government for performing the function of state management of advertising nationwide and has the following tasks and powers:
1. Formulate and submit to competent agencies for promulgation or promulgate according to their competence mechanisms, policies and laws on advertising activities;
2. Guide and urge the construction of outdoor advertising planning in the locality;
3. Establishing an appraisal council and organizing the appraisal of advertising products;
4. Organize training and retraining in professional and management skills in advertising activities;
5. Inspect, examine and handle violations of advertising in accordance with law;
6. International cooperation in the field of advertising;
7. Other duties as prescribed by law.
Article 27. Responsibilities for state management of advertising by relevant ministries
1. The Ministry of Information and Communications shall, within the ambit of its tasks and powers, have the following responsibilities:
a) Perform the tasks of advertising management in the press, in the network environment, on publications and integrated advertising on postal, telecommunications and information technology products and services as prescribed. under the law;
b) Granting, amending, supplementing and revoking the License to advertise on channels and programs specialized in advertising on audio and video newspapers;
c) Receive the procedures for notifying the publication of an advertising supplement for printed newspapers;
d) Inspecting and examining the observance of the law in advertising activities in the press, on the network environment, on publications and integrated advertising on postal, telecommunications and technology products and services. information.
2. The Ministry of Health, the Ministry of Agriculture and Rural Development and the Ministry of Industry and Trade shall, within the ambit of their tasks and powers, have the following responsibilities:
a) Coordinate with the Ministry of Culture, Sports and Tourism in state management of advertising; perform the state management of advertising contents for special products, goods and services in their assigned sectors or domains;
b) Organize the implementation of legal documents on advertising for special products, goods and services under their management;
c) To inspect and examine the observance of the law on advertising in the domains under its management.
3. Ministries, ministerial-level agencies and agencies attached to the Government shall, within the ambit of their tasks and powers, perform the state management of advertising according to their competence.
Article 28. Responsibilities for state management of advertising of the People's Committees of provinces
Provincial-level People's Committees are responsible for state management of advertising activities in their respective localities, and have the following tasks:
1. Granting, re-granting, amending, supplementing and revoking the license to establish a representative office of a foreign advertising enterprise;
2. Organize the formulation, approval and direct the implementation of outdoor advertising planning in the locality;
3. Organize and guide the implementation of local laws on advertising;
4. Organize training and retraining to improve management and professional skills in advertising in the locality;
5. Inspect, examine and handle violations of advertising activities according to its competence;
6. Periodically report on the management of advertising activities in the locality and send it to the Ministry of Culture, Sports and Tourism before December 31 of each year and make irregular reports at the request of competent state agencies. ;
7. Other duties as prescribed by law.
Chapter 7.
TERMS ENFORCEMENT
Article 29. Enforcement
1. This Decree takes effect on February 01, 01.
2. Decree No. 24/2003/ND-CP dated March 13, 3 of the Government detailing the implementation of the Ordinance on Advertising shall cease to be effective from the effective date of this Decree.
Article 30. Responsible for implementing
The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People's Committees of the provinces and centrally-run cities and the relevant organizations and individuals shall be responsible for the implementation of the Decree. this.
Recipients: | TM. GOVERMENT Nguyen Tan Dung |