What are the fines for hanging a billboard with incorrect content that has been registered in Vietnam?

What are the fines for hanging a billboard with incorrect content that has been registered in Vietnam?

Pursuant to Clause 3 and 5, Article 42 of the Decree 38/2021/NĐ-CP stipulating violations against regulations on advertising on billboards, banners and screens as follows:

3. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong for one of the following violations:

a) Placing emblems, logos and trademarks of advertisers at the positions different from the prescribed ones on billboards or banners containing political or political-social propaganda;

b) Representing logos or trademarks of products covering space greater than the allowable space that they may occupy on billboards or banners containing political or political-social propaganda;

c) Displaying advertisements on billboards and banners that are in breach of regulations on protected perimeters of historical - cultural relics; safety corridors of roads, dykes or national power grids; obscure traffic lights; block roads or public signage;

d) Making modifications to falsify advertisement contents that are already notified to competent state authorities;

dd) Incorrectly notifying advertisement contents displayed on billboards or banners to competent state authorities of the places where advertising activities are carried out.

5. Remedies:

a) Compelling the provision of information about name and address of the advertising maker on each billboard or banner in case of commission of the violations defined in point b of clause 1 of this Article;

Pursuant to Clause 2 Article 5 of the Decree 38/2021/NĐ-CP stipulating as follows:

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.

Therefore, individuals who hang a billboard with incorrect registered content will be fined from VND 5,000,000 to VND 10,000,000 and forced to remove the infringing advertisement.

For organizations, the fine will be from VND 10,000,000 to VND 20,000,000.

What are the fines for hanging a billboard with incorrect content that has been registered in Vietnam? - Source: Internet

Is it compulsory to register the content of an advertisement to advertise a product in Vietnam?

Pursuant to Article 43 of the Law on Food Safety in 2010 stipulating food advertisement as follows:

1. Food advertisement shall be carried out by food producers and traders or advertisement service providers under the law on advertisement.

2. Before registering for food advertisement, organizations and individuals that have food to be advertised shall send dossiers to competent state management agencies for certification of advertisement contents.

3. Advertisement makers, advertisement service providers and organizations and individuals with to-be-advertised food may only make advertisement after the advertisement contents are appraised, and must strictly comply with certified contents.

The Minister of Health, the Minister of Agriculture and Rural Development and the Minister of Industry and Trade shall specify kinds of food of which advertisement must be registered: and the competence, order and procedures for certification of contents of food advertisements under their assigned management domains.

Pursuant to Article 26 of the Decree 15/2018/NĐ-CP stipulating foods for which advertisement contents must be registered as follows:

1. Dietary supplements, medical foods, food for special dietary uses.

2. Dietary products for children up to 36 months not banned from advertising according to Article 7 of the Law on Advertising.

Therefore, individuals will need to register the content of their product before registering to advertise the product they are trading in.

What are conditions for advertising content registration with health supplements in Vietnam?

Pursuant to Clause 3 Article 27 of the Decree 15/2018/NĐ-CP stipulating as follows:

3. Regarding dietary supplements:

a) It is required to have the text “Thực phẩm này không phải là thuốc và không có tác dụng thay thế thuốc chữa bệnh” (equivalent to “this product is not intended to diagnose, treat, cure or prevent any disease”), which must be written clearly and has a contrasting color with the background;

b) The text in Point a above must be read aloud in case of audio and video advertisements;

c) The text mentioned in Point a above is not required if the duration of an audio or video advertisement is shorter than 15 seconds, but must be displayed during the advertisement.

Above are conditions for advertising content registration with health supplements in Vietnam.

Best regards!