Is it prohibited to paste advertisements on electric poles and traffic lights in Vietnam?

Is it prohibited to paste advertisements on electric poles and traffic lights in Vietnam?

Article 8 of the Law on Advertising 2012 stipulates prohibited acts in advertising, specifically as follows:

1. Advertising the products, goods and services specified in Article 7 of this Law.

2. Using advertisements that reveal the State secrets, harm the independence and National sovereignty, National defense and security.

3. Using advertisement inartistically, contrary to the Vietnam’s history, culture, ethics and traditional customs

4. Using advertisements that affect the urban scenery, the traffic safety and the social order.

5. Using advertisements that degrade the respectability of the National flag, the National emblem, the National anthem, the Party’s flag, national heroes, cultural celebrities, the leaders of the State and the Party.

6. Using advertisements that express racial discrimination, sexual discrimination, prejudice against disabled people, or violate the freedom of belief and religion.

7. Using advertisements that offend the prestige, honor and dignity of other organizations and individuals.

8. Using advertisements that contain other people’s pictures, words or text without obtaining their consent, unless otherwise permitted by law.

9. Advertising incorrectly or causing confusion about the business competence, the ability to provide products, goods and services of organizations and individuals trading and providing such products, goods and services; about the quantity, quality, prices, features, designs, package, brand name, kinds, method of service, warranty duration of the registered or announced products, goods and services.

10. Advertising using direct comparison of the prices, quality and efficiency of their products, goods and services to that of the other’s products, goods and services of the same kind.

11. Advertising using the words “best”, “the best”, “only”, “number one” or words with similar meaning without legitimate documents proving so as prescribed by the Ministry of Culture, Sports and Tourism.

12. Advertising using unhealthy competition contents as prescribed by law provisions on competition.

13. Using advertisements that violate law provisions on intellectual property.

14. Using advertisements that make children think, speak and act against the traditional customs and ethics, negatively affect the children’s health, safety or natural development.

15. Forcing other agencies, organizations and individuals to make advertisements or receive advertisements involuntarily.

16. Hanging, placing, painting advertisements on electric poles, traffic lights and public trees.

According to this Article, the behavior that when the advertiser pastes advertisements for products on electric poles, traffic lights is a prohibited act in Vietnam.

How much is fine for pasting advertisements on electric poles and traffic lights in Vietnam? 

According to Article 34 of Decree 38/2021/ND-CP stipulating violations against regulations regarding prohibited advertising activities, as follows:

1. Imposing the fine ranging from 1,000,000 dong to 2,000,000 dong for the act of hanging, placing, pasting or drawing ad products on utility poles, traffic signal posts and green trees at public places, except as specified in point d of clause 3, point b of clause 5, and point b of clause 8, of Article 12 in the Government's Decree No. 100/2019/ND-CP dated December 30, 2019, regulating sanction against administrative violations in the road and rail traffic sector.

2. Imposing the fine ranging from 10,000,000 dong to 20,000,000 dong for one of the following violations:

a) Showing advertisements containing the superlative words or phrases like "best", "only", “number one” or other equivalents without legally required corroborative evidence;

b) Placing advertisements that affect urban settings, traffic order and safety, and peace, except for the cases specified in clause 1 of this Article, clause 1 and 3 of Article 43, and clause 3 of Article 48 of this Decree;

c) Using advertisements infringing on the freedom of belief, religion, gender stereotyping adverts, and adverts implying bias against people with disabilities;

d) Coercing entities, organizations or individuals to advertise or receive adverts without their consent.

3. Imposing the fine ranging from 20,000,000 dong to 40,000,000 dong for one of the following violations:

a) Advertising in breach of laws on intellectual property;

b) Showing adverts containing personal images, oral statements or writing without their consent, unless otherwise permitted by laws.

4. Imposing the fine ranging from 40,000,000 dong to 60,000,000 dong for one of the following violations:

a) Using adverts damaging an organization’s prestige, or an individual’s honor and dignity;

b) Advertising by using the method of direct comparison of the price, quality and benefits of a product, good or service with those of another product, good or service of the same kind of another organization or individual;

c) Using advertisements containing actions, oral statements, images, sounds or writing which cause children to have unethical thoughts, words or actions; adversely affects the health, safety or normal development of children;

d) Using adverts that are unaesthetic, go against historical, cultural, moral traditions and fine customs of Vietnam.

5. Imposing the fine ranging from 60,000,000 dong to 80,000,000 dong for the act of putting false or misleading advertisements about the capability of trading or providing products, goods and services of individual or institutional traders; the quantity, quality, price, usability, design, packaging, trademark, origin, type, method of rendering or warranty period of registered or announced products, goods and services, except as specified in clause 4 of Article 51; point b of clause 4 of Article 52; clause 1 of Article 60; and point c of clause 1 of Article 61, in this Decree.

6. Imposing the fine ranging from 80,000,000 dong to 100,000,000 dong for one of the following violations:

a) Using adverts having detrimental effects on the solemnity of the national flag, emblem, anthem and Party’s flag, except as prescribed in point b of clause 2 of Article 45 herein;

b) Using adverts having detrimental effects on the solemnity of national heroes, cultural celebrities, leaders, leadership of the Party and the State, except as prescribed in point b of clause 2 of Article 45 herein;

c) Using adverts harming the national sovereignty.

7. Other supplementary penalties:

Withholding the right to use the acknowledgement of receipt of registration for product launch announcement for the duration of between 05 and 07 months; the right to use the Certificate of advertisement content for the duration ranging from 22 to 24 months, for the violations specified in point a of clause 2, point b of clause 4 and clause 5 of this Article, in case of commission of violations on advertising of health protection foods 2 or more times within the period of 06 months.

8. Remedies:

a) Compelling the removal, demolition and deletion or erasure of advertisements or the recall of printed newspapers and magazines with advertisements in case of commission of the violations specified in clause 1, 2, 3, 4, 5 and 6 of this Article;

b) Compelling offer of apologies to organizations or individuals in case of commission of the violations specified in point b of clause 3, point a of clause 4 of this Article;

c) Compelling ratification of false information with respect to the violations specified in clause 5 of this Article.

Thus, individuals who commit violations may be fined from VND 1,000,000 to VND 2,000,000. In addition, it is also forced to remove, dismantle, delete ads or recall of printed newspapers and magazines with advertisements that have committed violations in Vietnam.

Best Regards!