What is the time limit for putting up a banner in Vietnam?

What is the time limit for putting up a banner in Vietnam?

Pursuant to Article 27 of the Law on Advertising in 2012 stipulating advertisements on billboards and banners as follows:

1. 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.

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

3. The advertisements on billboards and banners being political and social policy propagation must comply with the following provisions:

a) 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;

b) The area for displaying the symbols, logos and brand names of the advertisers must not exceed 20% of the billboard and banner area.

4. The time limit for putting up a banner is 15 days.

As regulations above, the time limit for putting up a banner is 15 days. That banner of your company was put up from July 25 to August 12, which was 18 days (3 days overdue), so the sanction was correct.

What are the fines for putting up a banner exceeding the time limit in Vietnam?

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

1. Imposing the fine ranging from 1,000,000 dong to 2,000,000 dong for one of the following violations:

a) Hanging, erecting, placing and installing each billboard, banner or screen for outdoor advertising purposes at the locations different from the planned ones or the ones approved by competent state authorities;

b) Failing to clarify name, address of the advertising maker on each billboard or banner.

2. Imposing the fine ranging from 2,000,000 dong to 5,000,000 dong for one of the following violations:

a) Advertising in excess of the prescribed space of a billboard, banner or screen at the planned position or the position approved by competent state authorities;

b) Failing to, on their own initiative, remove the banner exceeding the time limit stated in the notice; failing to, on their own initiative, remove billboards or banners that are torn, broken or unaesthetic.

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.

4. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for one of the following advertising acts:

a) Using sounds on outdoor screens;

b) Failing to make a notice of contents, time, location of advertisement, quantity of billboards or banners.

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;

b) Compelling the removal of advertisements in case of commission of the violations specified in point a of clause 1, clause 2, 3 and 4 of this Article.

Pursuant to Clause 2 and 3, Article 5 of the Decree 38/2021/NĐ-CP stipulating fines 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.

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.

As regulations above, organizations failing to remove the banner exceeding the time limit shall face a fine ranging from 4,000,000 dong to 10,000,000 dong. The banner shall be removed. The sanction imposed on your company was correct.

Best regards!