What is the fine level of administrative penalties for violations of advertising in cultural and sports programs in Vietnam?
- What are the regulations on advertisements in cultural and sports programs in Vietnam?
- What is the fine level of administrative penalties for violations of advertising in cultural and sports programs in Vietnam?
- Should remedial measures be applied for violations of advertising in cultural or sports programs in Vietnam?
- What are the State policies on advertising?
What are the regulations on advertisements in cultural and sports programs in Vietnam?
Pursuant to the provisions of Article 35 of the 2012 Law on Advertising in Vietnam on advertisements in cultural and sports programs as follows:
- The advertisements in cultural and sports programs must comply with law provisions on art and sports.
- The advertisements must not be put at the same height or higher than the program symbol, logo or name; the font size on the advertisements must not exceed one half of the font size of the program name.
- The advertisements on stage must ensure the scenery and must not block the audience’s vision.
- The advertisements in stadiums and places where sports events take place must not block out the National flag, the National emblem, the leader pictures, the stadium displays and the audience’s vision; must not affecting the training, competitions and demonstration of the athletes, the trainers’ instructions and the performance of the organizers, referees, guides, medics and other attendants.
What is the fine level of administrative penalties for violations of advertising in cultural and sports programs in Vietnam?
What is the fine level of administrative penalties for violations of advertising in cultural and sports programs in Vietnam?
Pursuant to Article 45 of Decree No. 38/2021/ND-CP stipulating the fines of administrative penalties for violations of advertising in cultural and sports programs as follows:
Violation | Fine level |
- Hanging, placing, pasting or erecting advertising products as high as or higher than program's emblems, logos or names; - The font size of an advertising product is greater than half of the font size of the program's name. | A fine ranging from VND 3,000,000 to VND 5,000,000 |
- Advertising on the stage area which is not aesthetically pleasing and obscures the view of viewers; - Advertising inside stadiums, competition halls and sporting venues that obscure the National Flag, National Emblem, leader's photo, instruction sign and audience’s view; - Advertising inside stadiums or competition halls that interfere with athletes' practice, competition and performance, coaches’ instructions and the fulfillment of duties by the Organizers’ Board, referees, instruction staff, medical staff and attendants. | A fine ranging from VND 5,000,000 to VND 10,000,000 |
Note: The above administrative penalty is applied to individuals, the fine level for organizations is double, 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.
Should remedial measures be applied for violations of advertising in cultural or sports programs in Vietnam?
Pursuant to the provisions of Clause 3, Article 45 of Decree No. 38/2021/ND-CP as follows:
Violations against regulations regarding advertising in cultural or sporting programs or events
....
3. Remedies:
Compelling the removal, demolition, erasure or deletion of advertisements in case of commission of the violations specified in clause 1 and 2 of this Article.
According to the above provisions, the remedial measure of forced removal, demolition, erasure or deletion of advertisements must be applied for the following acts:
- Hanging, placing, pasting or erecting advertising products as high as or higher than program's emblems, logos or names;
- The font size of an advertising product is greater than half of the font size of the program's name.
- Advertising on the stage area which is not aesthetically pleasing and obscures the view of viewers;
- Advertising inside stadiums, competition halls and sporting venues that obscure the National Flag, National Emblem, leader's photo, instruction sign and audience’s view;
- Advertising inside stadiums or competition halls that interfere with athletes' practice, competition and performance, coaches’ instructions and the fulfillment of duties by the Organizers’ Board, referees, instruction staff, medical staff and attendants.
What are the State policies on advertising?
Pursuant to Article 3 of the 2012 Law on Advertising in Vietnam, the State policies on advertising are as follows:
- Protecting the lawful rights and interests of organizations and individuals in advertising activities.
- Facilitating organizations and individuals’ developing the advertising forms and improving the advertising quality.
- Encouraging organizations and individuals to study, apply modern science and technology to the design and construction of advertisements, and efficiently invest in advertising.
- Facilitating and encouraging the development of the advertising workforce; prioritizing the investment in professional training for the officers and officials in charge of the State management of advertising.
- Expanding international cooperation in advertising.
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