02:24 | 19/03/2023

What is audio newspaper, video newspapers? What regulations must be complied with when advertising on audio newspapers and video newspapers in Vietnam?

I would like to ask what regulations must be complied with when advertising on audio newspapers and video newspapers in Vietnam. - Question of Ms. Mai (Long An)

What is audio newspaper, video newspapers?

Pursuant to Clause 4, Article 3 of the 2016 Press Law in Vietnam and Clause 5, Article 3 of the 2016 Press Law in Vietnam stipulating audio newspapers and video newspapers as follows:

- Audio newspaper is the type of press using voice and sound transmitted and broadcast on technical infrastructure with different technological application.

- Video newspaper is the type of press using photos mainly in combination with voice, sound and text transmitted and broadcast on technical infrastructure with different technological application.

What is audio newspaper, video newspapers? What regulations must be complied with when advertising on audio newspapers and video newspapers in Vietnam?

What is audio newspaper, video newspapers? What regulations must be complied with when advertising on audio newspapers and video newspapers in Vietnam? (Image from the Internet)

What regulations must be complied with when advertising on audio newspapers and video newspapers in Vietnam?

Pursuant to the provisions of Article 22 of the 2012 Law on Advertising in Vietnam stipulating the advertising on audio newspaper and video newspapers as follows:

The advertisement duration on audio newspapers and video newspapers:

- Must not exceed 10% of the total broadcast duration in a day of the broadcasting organization, except for the advertisement duration on the advertising channels or advertising programs.

- The advertisements must be distinguishable from other contents.

The advertisement duration on paid television:

- Must not exceed 5% of the total broadcast duration in a day of a broadcasting organization, except for the advertising channels or advertising programs.

The advertisements are banned from the following programs:

- News;

- Live radio, television broadcasts of special political events or the national anniversaries.

Cut for advertising:

Each movie show must not be cut for advertising more than twice, each time must not exceed 05 minutes Each entertainment show must not be cut for advertising more than four times, each time must not exceed 05 minutes.

Advertisements of which the primary information is displayed:

The advertisements of which the primary information is displayed in the form of running text or a series of animated pictures, the advertisements must be put at the bottom of the screen and must not exceed 10% of the screen height as well as affecting the main contents of the show.

This form of advertising is not included in the advertisement duration of video newspapers.

Application for establishing the advertising channel or advertising program:

Audio, video newspapers agencies must obtain the license from State agencies in charge of the press management when establishing advertising channels or programs. The application for establishing the advertising channel or advertising program includes:

- The written application for establishing the advertising channel or advertising program

- The opinion from the line agency;

- The authenticated copy of the license for press activities.

The press agency must send the application for the license amendment and supplement to the State agency in charge of the press management when changing the contents of the license to establish the advertising channel or advertising program. The application for the license amendment and supplement includes:

- The written application for the license amendment and supplement;

- The authenticated copy of the unexpired license.

The license is issued under the following procedures:

- Within 30 days as from fully receiving the valid dossiers, the State agency in charge of the press management shall consider and issue the license to establish the advertising channel or advertising program to the press agency, and specify the reason if not

- Within 15 days as from fully receiving the valid dossiers, the State agency in charge of the press management shall consider and issue the amended and supplemented license to the press agency, and specify the reason if not;

- Within 07 days as from the license to establish the advertising channel, advertising program, or the amended and supplemented license is issued, the licensing agency must send the copy of the issued license to the State agency in charge of advertising management and People’s Committees of central-affiliated cities and provinces (hereinafter referred to as provincial People’s Committees) where the press agencies are located in order to cooperate in the management.

What is the level of administrative penalties for violations against regulations on advertising on audio newspapers and video newspapers in Vietnam?

Pursuant to the provisions of Article 40 of Decree No. 38/2021/ND-CP stipulating the level of administrative penalties for violations against regulations on advertising on audio newspapers and video newspapers as follows:

Violation

Fine level

Act of advertising on audio and video newspapers without any sign helping distinguish advertising contents from others.

A fine ranging from VND 10,000,000 to VND 15,000,000

Act of advertising products in the form of running texts or series of motion graphics if advertised products are not placed close to the bottom of the screen or 10% greater than the screen height and affect a program’s main contents.

A fine ranging from VND 30,000,000 to VND 50,000,000

- Running an advertisement of which length is 10% longer than total broadcast duration per day of a broadcasting organization that is not a channel or program specially designed for advertisements;

- Running advertisements in news programs;

- Running advertisements in live radio and television programs about special political events or major national celebrations;

- Advertising more than twice in every movie television programs;

- Advertising more than four times in each entertainment program or game show on radio or television;

- Running advertisements for more than 5 minutes each time in a movie program, entertainment program or game show on radio and television;

- Running a TV advertisement of which length is 5% longer than total broadcast duration per day of a broadcasting organization that is not a channel or program specially designed for advertisements;

- Showing the full movie for advertising purposes without obtaining movie circulation permits issued by competent state authorities or broadcasting decisions of heads of television stations or radio - television stations.

A fine ranging from VND 50,000,000 to VND 100,000,000

Act of launching commercial channels or programs without obtaining permits or licenses from competent state authorities.

A fine ranging from VND 150,000,000 to VND 200,000,000

Note: The above fine level only applies to organizations, the fine level for individuals is 1/2 of the above fine level as prescribed in Clause 2, Article 5 of Decree No. 38/2021/ND-CP.

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