Vietnam: What must the street teams, conventions, seminars, fairs, exhibitions, events, objects of advertisements comply with?
- What must the street teams, conventions, seminars, fairs, exhibitions, events, objects of advertisements comply with?
- What is the administrative penalty for advertising by street teams in contrast to the notices already sent to competent state authorities in Vietnam?
- What are the penalties imposed upon the street team existing in the form of flyers that affect traffic order and safety and the society?
What must the street teams, conventions, seminars, fairs, exhibitions, events, objects of advertisements comply with?
Pursuant to the provisions of Article 36 of the 2012 Law on Advertising in Vietnam, the street teams, conventions, seminars, fairs, exhibitions, events, objects of advertisements must comply with the following provisions:
- The street team in Vietnam is a team with 3 people or above that wear costumes or carry pictures and items showing the advertisements at a fixed place or travel down the street;
- The street team must ensure the traffic safety and social order; observe the law provisions on advertising and other relevant law provisions;
- Organizations and individuals holding street teams must notify the local competent agency in charge of advertising management of the contents and form of the advertisements, the quantity of people in the event, the time and route at least 15 days before the advertisement.
Within 15 days as from receiving the notification, if the local competent agency in charge of advertising management does not approve, the written response specifying the reasons must be sent.
If there is no response after the time limit above, organizations and individuals are entitled to perform the notified advertisements.
In addition, seminars, conventions, events, exhibitions, advertisement conveyors, objects of advertisements and other means of advertising must comply with this Law and other relevant law provisions, ensure the urban scenery, landscape, traffic safety and social order.
Vietnam: What must the street teams, conventions, seminars, fairs, exhibitions, events, objects of advertisements comply with?
What is the administrative penalty for advertising by street teams in contrast to the notices already sent to competent state authorities in Vietnam?
Pursuant to the provisions of Article 46 of Decree No. 38/2021/ND-CP stipulating as follows:
Violations against regulations on management of street team in Vietnam
1. Imposing the fine ranging from 1,000,000 dong to 2,000,000 dong for one of the following violations:
a) Advertising by street teams in contrast to the notices already sent to competent state authorities in Vietnam;
b) Advertising by street teams without approval from competent state authorities of the places where advertisements are run after they are informed of contents of advertisements.
2. Imposing the fine ranging from 2,000,000 dong to 5,000,000 dong for the act of failing to notify contents and forms of advertising products, the quantity of persons joining in a street team; time and itinerary, to competent state authorities in accordance with regulations in force.
According to the above regulations, advertising by street teams in contrast to the notices already sent to competent state authorities may be subject to an administrative fine of from VND 1,000,000 to VND 2,000,000.
Note: The above administrative fine is imposed upon individuals, the fine imposed upon organizations is twice as much as the fine imposed upon individuals for the same violation, Clause 2, Article 5 of Decree No. 38/2021/ND-CP as amended by Clause 2, Article 1 of Decree No. 128/2022/ND-CP.
What are the penalties imposed upon the street team existing in the form of flyers that affect traffic order and safety and the society?
Pursuant to the provisions of Article 43 of Decree No. 38/2021/ND-CP stipulating as follows:
Violations against regulations on advertisements that are not aesthetically pleasing, and affect traffic order, safety, society and on means of transport
1. Issuing cautions or imposing the fine ranging from 1,000,000 dong to 2,000,000 dong for the act of handing out flyers that are not aesthetically pleasing, and affect traffic order and safety and the society.
2. Imposing the fine ranging from 2,000,000 dong to 5,000,000 dong for one of the following violations:
a) Mounting advertisements on the front, back and roof of vehicle;
b) Placing an advertisement covering more space than the allowable space that it may occupy on each side of a means of transport.
3. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong on persons whose advertisements existing in the form of flyers for their products, commodities or services are not aesthetically pleasing, and affect aesthetics, traffic order and safety and the society.
4. Remedies:
a) Compelling the destruction or elimination of exhibits involved in the violations referred to in clause 1 of this Article;
b) Compelling the removal, deletion or erasure of advertisements in case of commission of the violations specified in clause 2 of this Article.
According to the above regulations, the street team existing in the form of flyers that affect traffic order and safety and the society may be administratively fined from VND 1,000,000 to VND 2,000,000.
Note: The above administrative fine is imposed upon individuals, the fine imposed upon organizations is twice as much as the fine imposed upon individuals for the same violation, Clause 2, Article 5 of Decree No. 38/2021/ND-CP as amended by Clause 2, Article 1 of Decree No. 128/2022/ND-CP.
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