What are the regulations on advertising conditions in Vietnam? What are means of advertising in Vietnam?
What are means of advertising in Vietnam?
Pursuant to the provisions of Article 17 of the 2012 Law on Advertising in Vietnam on means of advertising, including:
- Newspapers
- Websites, electronic equipment, terminal devices and other telecommunication devices.
- Print media, audio records, video records and other technological equipment.
- Billboards, banners, signboards, advertising screens
- Means of transport
- Fairs, seminars, conventions, events, exhibitions, sports events and cultural programs
- Advertisement conveyors; objects of advertisements.
- Other means of advertising as prescribed by law.
What are the regulations on advertising conditions in Vietnam? What are means of advertising in Vietnam?
What are the regulations on advertising conditions in Vietnam?
Pursuant to Article 20 of the 2012 Law on Advertising in Vietnam on advertising conditions as follows:
Advertising conditions
1. Having the Certificate of business registration when advertising goods and services.
2. When advertising products, goods and services, the documents proving their conformity and qualification must be presented as prescribed by law.
3. Having the ownership certificate or the use right certificate when advertising property of which the ownership certificate or use right certificate is compulsory.
4. The advertisements of special products, goods and services must satisfy the following conditions:
a) Having the unexpired Circulation license and the medicine instruction sheet approved by the Ministry of Health when advertising medicines allowed to be advertised as prescribed by law provisions on medicines;
b) Having the cosmetics announcement sheet as prescribed by law provisions on medicines when advertising cosmetics;
c) Having the circulation registration certificate issued by the Ministry of Health when advertising domestic and medical chemicals, pesticides and antiseptic ;
d) When advertising milk and dietary products for small children not being specified in Clause 4 Article 7 of this Law, it is compulsory to have the standard certificate, food safety and hygiene certificate must be obtained regarding dietary products domestically produced, or the product quality certificate issued by the competent agency of the producing country, and the circulation license for imported dietary products.
dd) Having the food hygiene, safety and quality registration certificate when advertising food and food additives in the list of compulsory food quality safety and hygiene registration, or having the standard announcement dossier receipt from the competent State agency when advertising food and food additives in the list of compulsory standard announcement;
e) Having the practice qualification issued by the Health sector when advertising medical examination and treatment services;
g) Having the circulation license when advertising medical equipment domestically produced, or having the import license when advertising imported medical equipment;
h) Having the plant protection drugs registration certificate when advertising plant protection medicine or plant protection drug materials. Having the plant quarantine certificate issued by the Ministry of Agriculture and Rural development when advertising useful organisms for plant protection;
i) Having the circulation license and the product property summary sheet when advertising veterinary medicines and equipment;
k) Having the product quality certificate or the written product quality announcement when advertising fertilizers, biological preparations serving farming, animal feed and biological preparations serving breeding.
5. The Government shall specify the requirements for the advertisement conditions for special products, goods and services depending on the actual requirements.
In addition, advertising activities must meet the requirements specified in Article 19 of the 2012 Law on Advertising in Vietnam that advertisement contents must be truthful, accurate and clear without causing damage to producers, traders and advertisement receivers.
How to handle violations against regulations on advertising conditions in Vietnam?
Pursuant to the provisions of Article 36 of Decree No. 38/2021/ND-CP on handling of administrative violations for violations against regulations on advertising conditions as follows:
Violations against regulations on advertising conditions
1. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for one of the following violations:
a) Having none of documentary evidence of conformity or conformance to regulations when advertising products, goods and services;
b) Having none of certificates of ownership or right of use in accordance with regulations when advertising property.
2. Remedies:
Compelling the removal, demolition and deletion or erasure of advertisements or the recall of printed newspapers and magazines containing advertisements in case of commission of the acts specified in clause 1 of this Article.
Note that the above fine is a fine imposed upon individuals, the fines incurred by organizations are twice as much as that incurred by an individual for the same administrative violation.
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