What is an advertising service provider and an advertisement publisher according to Vietnamese law?
- What is an advertising service provider and an advertisement publisher according to Vietnamese law?
- What are the rights and obligations of advertising service providers and advertisement publishers in advertising activities?
- Are advertising service providers allowed to contribute ideas to the construction of local advertising?
What is an advertising service provider and an advertisement publisher according to Vietnamese law?
Clause 1, Article 2 of the 2012 Law on Advertising in Vietnam stipulates that advertising is the employment of various means in order to present the public with the profitable products, goods and service; non-profitable products and services; organizations and individuals trading and providing the presented products, goods and services, except for news, social policies; personal information.
Pursuant to the provisions of Clauses 6 and 7, Article 2 of the 2012 Law on Advertising in Vietnam explaining as follows:
- Advertising service providers are organizations and individuals that perform one, a number of, or all the phases of an advertising process under the advertising contract with the advertiser.
- Advertisement publishers are organizations and individuals using means of advertising under their management to present the advertisements to the public, including the press, publishers, website owners, organizers of sports events and cultural programs, and the organizations and individuals using other means of advertising.
What is an advertising service provider and an advertisement publisher according to Vietnamese law?
What are the rights and obligations of advertising service providers and advertisement publishers in advertising activities?
Pursuant to Article 13 of the 2012 Law on Advertising in Vietnam, the rights and obligations of advertising service providers are as follows:
Rights and obligations of advertising service providers in Vietnam
1. Advertising service providers are entitled to:
b) Make decisions on the forms and methods of advertising business;
b) Receive accurate and truthful information from the advertiser about the advertised organizations, individuals, products, goods, services and the documents related to the advertising conditions;
c) Participate in the formulation of the local advertising planning and receive information from local agencies in charge of advertising about the approved outdoor advertising planning;
d) Request advertisement appraisal;
2. Advertising service providers have the following obligations:
a) Operating within the range specified in the Certificate of business registration and observing the law provisions on advertising;
b) Examining the documents related to the advertising conditions of the advertised organizations, individuals, products, goods and services, and implementing the relevant procedures under the advertising contract;.
c) Being responsible for the advertisements that they directly make;
d) Providing documents related to the advertisements at the request from the advertisement receiver or competent State agencies.
3. Other obligations and rights as prescribed by law.
Pursuant to the provisions of Article 14 of the 2012 Law on Advertising in Vietnam on the rights and obligations of advertisement publishers as follows:
Rights and obligations of advertisement publishers in Vietnam
1. Advertising on their means and collecting service charges as prescribed by law.
2. Examining the documents related to the advertising conditions of the advertised organizations, individuals, products, goods and services
3. Providing the documents related to the advertisements at the request from the advertisement receiver or competent State agencies.
4. Performing the signed advertisement publication contracts and being directly responsible for the advertisements put on the means of advertising under their management.
5. Request advertisement appraisal;
6. Exercising and fulfilling other rights and obligations as prescribed by law.
Thus, when operating in the field of advertising, advertising service providers and advertisement publishers must ensure the implementation of rights and obligations as prescribed in the Law on Advertising and related documents.
Are advertising service providers allowed to contribute ideas to the construction of local advertising?
Pursuant to Article 13 of the 2012 Law on Advertising in Vietnam on the rights of advertising service providers as follows:
Rights and obligations of advertising service providers in Vietnam
1. Advertising service providers are entitled to:
b) Make decisions on the forms and methods of advertising business;
b) Receive accurate and truthful information from the advertiser about the advertised organizations, individuals, products, goods, services and the documents related to the advertising conditions;
c) Participate in the formulation of the local advertising planning and receive information from local agencies in charge of advertising about the approved outdoor advertising planning;
d) Request advertisement appraisal;
Thus, according to the above provisions, advertising service providers are allowed to participate in the formulation of the local advertising planning and receive information from local agencies in charge of advertising about the approved outdoor advertising planning.
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