Can movie show be cut for advertising 3 times in Vietnam?

Can movie show be cut for advertising 3 times in Vietnam?

Article 22 of the Advertising Law 2012 regulates advertisements on audio and video newspapers as follows:

1. 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.

2. 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.

3. The advertisements are banned from the following programs:

a) News;

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

4. 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.

5. 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.

6. 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:

a) The written application for establishing the advertising channel or advertising program

b) The opinion from the line agency;

c) The authenticated copy of the license for press activities.

7. 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:

a) The written application for the license amendment and supplement;

b) The authenticated copy of the unexpired license.

8. The license is issued under the following procedures:

a) 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

a) 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;

c) 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.

Thus, each movie show must not be cut for advertising more than twice. The TV station where you and your grandmother interrupted the movie to advertise 3 times is violating the law in Vietnam.

Can movie show be cut for advertising 3 times in Vietnam? (Image from the Internet)

How much is fine for advertising more than the allowed number of times in every movie television programs in Vietnam?

According to Clause 3 and Clause 5, Article 40, Decree 38/2021/ND-CP stipulates violations against regulations on advertising on audio and video newspapers as follows:

3. Imposing the fine ranging from 50,000,000 dong to 100,000,000 dong for one of the following violations:

a) 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;

b) Running advertisements in news programs;

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

d) Advertising more than twice in every movie television programs;

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

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

g) 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;

h) 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.

5. Remedies:

Compelling the disgorgement of illegal gains from commission of the violations defined in clause 1, 2, 3 and 4 of this Article.

Pursuant to Clause 2, Article 5 of Decree 38/2021/ND-CP regulating fine levels:

2. The amounts of fine specified in Chapter II and Chapter III of this Decree are imposed on individuals while those specified in clause 1, point c clause 4, point a clause 5 and 6 of Article 6; point c, dd, e and g clause 4 of Article 8; clause 1, 2 and 3 of Article 9; Article 10; point a clause 2, clause 3, 5 and 6, point a, b, c and d clause 7 Article 14; clause 1, 2, 3, 4 and point b clause 5 Article 21; clause 1, 2, 3, 4 and point b clause 5 Article 23; clause 1 of Article 24; Article 30, 38, 39 and 40 of this Decree are applicable to organizations.

3. If an organization commits the same violation, the amount of fine imposed on that organization shall be 02 times greater than that imposed on an individual.

Therefore, advertising more than the allowed number of times in each movie show will be fined from 50,000,000 VND to 100,000,000 VND. In addition, television stations are forced to return illegal profits earned from broadcasting advertisements the allowed number of times in each movie show in Vietnam.

Best regards!