What should be noted when hanging advertising banners? Do people need permission to hang advertising banners in Vietnam?

Currently, product advertising is receiving more attention. With modern methods through the internet, hanging advertising banners is also a common form of advertising. Thus, what are the notable regulations on advertising banners? Do people need permission to hang advertising banners in Vietnam? Please follow the article for more information.

1. What is advertising banner? Is it allowed to hang advertising banners in Vietnam?

Advertising banner (bandroll), also known as an advertising banner or banner, is a strip of signage or tape that contains content, images, and messages about a product, service, or business with the aim of attracting and conveying information to customers.

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 Clause 1, Article 2 of the Law on Advertising 2012)

Article 7 of the Law on Advertising 2012 regulates products, goods and services banned from advertising as follows:

- Goods and services banned from trade as prescribed by law.

- Cigarettes.

- Wine that contains 150 alcohol or above.

- Dairy being breast milk substitute for children under 24 months old, dietary supplements for children under 06 months old; artificial feeding bottles and pacifiers

- Prescription drugs, non-prescription drugs recommended by competent State agencies to use restrictively or under the doctor’s supervision.

- Pornographic products.

- Shotguns and cartridges, sporting weapons and products that might incite violence.

- Other products, goods and services banned from advertising specified by the Government depending on the actual requirements.

According to the above regulations, except in prohibited cases, advertising banners are allowed to hang for products, goods and services in accordance with social standards.

2. What are regulations on advertisements on billboards and banners in Vietnam?

According to Article 27 of the Law on Advertising 2012, advertising on banners must comply with the following regulations:

- The positions of billboards and banners must comply with law provisions on cultural and historical relic protection area, safe traffic corridor, dykes and national electric network; must not block out the traffic lights and public road signs; must not cross the roads and must comply with the local advertising planning and the technical regulations promulgated by competent agencies.

- The advertisements on the billboards and banners must specify the names and address of their maker.

- The advertisements on billboards and banners being political and social policy propagation must comply with the following provisions: The symbols, logos and brand names of the advertisers must be put at the bottom of the billboards and vertical banners, or on the right of the horizontal banners; The area for displaying the symbols, logos and brand names of the advertisers must not exceed 20% of the billboard and banner area.

Above are the regulations on advertising on banners. When advertising on banners, it is necessary to comply with legal regulations.

3. Does hanging advertising banners require permission in Vietnam?

The procedures for notifying billboard, banner advertisements according to Article 30 of the Law on Advertising 2012 are as follows:

Organizations and individuals demanding advertising on billboards and banners must send the dossier on advertisement notification to local competent agencies in charge of advertising management before the advertisement 15 days.

If there is no response within 05 working days as from the day the local competent agency in charge of advertising management confirm the dossier reception, the organization or individual is entitled to perform the notified advertisements In case the local competent agency in charge of advertising management does not approve, the written response specifying the reasons must be sent.

The dossier on billboard, banner advertisement notification according to Article 29 of the Law on Advertising 2012 includes:

- The written notification of billboard, banner advertisement must specify the contents, time and place of advertisements, the quantity of billboards, banners.

- The copy of the Certificate of business registration of the advertising service provider or the Certificate of business registration of the advertiser in case of self-advertising.

- The copies of documents proving the conformity and qualifications of products, goods and services as prescribed by law, or papers proving the eligibility for advertising as prescribed in Article 20 of the Law on Advertising 2012.

- The copies of the event documents from the organizer for advertisements of social policies and events.

- The color design marquette of the advertisements with the signature of the advertising service provider or the advertiser in case of self-advertising. For advertisers and advertising service providers being organizations, the seal of the organization is required.

- Documents proving the ownership or the right to use the billboard; the ownership or the right to use the advertising location for banners

- The perspective drawing of the billboard location.

- The copy of the license to build advertising constructions regarding the billboards subject to construction licenses as prescribed in Clause 2 Article 31 of the Law on Advertising 2012.

The local advertising competent authority according to Point a, Clause 2, Article 9 of Circular 10/2013/TT-BVHTTDL is:

The provincial Departments of Culture, Sports, and Tourism shall receive and handle dossiers of notification on advertisement products on banners and panels according to the following process:

a) Directly receiving dossiers of notification on advertisement products on banners or panels;

Thus, to apply for permission to hang advertising banners, documents need to be prepared according to regulations  and sent to the Department of Culture, Sports, and Tourism.

Best regards!

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