Recently, it is not difficult for us to see colorful cars in Ho Chi Minh City, filled with logos and drawings to advertise products of all fields. However, not everyone knows how to apply decals to advertise car-tight products from a legal perspective.
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Seeing advertisements on vehicles is one way to introduce product information to users. However, the application of advertising decals on vehicles must comply with the provisions of Vietnamese law, to avoid flamboyant and tight advertising that distracts traffic participants and leads to traffic accidents.
According to provisions of the Law on Advertising 2012 of Vietnam, advertising on means of transport is not required to have permission of the competent agency, however, it must comply with this Law and law provisions on traffic of Vietnam. Pursuant to Article 32 of the Law on Advertising 2012 of Vietnam, the advertisements must not be displayed on the front, the back and the roof of the vehicle. The advertisement area must not exceed 50% area of each permissible side of the vehicle. The display of symbols, logos of the vehicle owners or the car corporations must comply with the law provisions on traffic.
On the other hand, pursuant to Clause 2 Article 55 of the Law on Road Traffic 2008 of Vietnam, owners of vehicles may not alter the structure, components or systems of their motor vehicles against the manufacturer designs or modification designs already approved by competent agencies.
Thus, according to the provisions of Vietnam as mentioned below, the display area of paintings, photos and advertising images on each side of means of transport must not exceed 50%. The fact that cars on the street are fully sealed with decals showing advertising images is considered as a violation against Vietnamese law. Concurrently, the car owner's agreement to seal the car windows, leaving only the driver's front glass shall also be considered as an act of arbitrarily changing the car design of the designer approved by the competent authority, which commits the act prescribed at Clause 2 Article 55 of the Law on Road Traffic 2008 of Vietnam.
The handling of administrative violations in advertising activities on means of transport is currently in accordance with the provisions of Clause 49 Article 1 of the Decree No. 28/2017/ND-CP amending Article 61 of the Decree No. 131/2013/NĐ-CP. According to the Decree No. 28/2017/ND-CP of the Government of Vietnam, the act of advertising exceeds the permissible area for advertisement on a side of the vehicle shall be imposed a fine of from VND 2,000,000 to VND 5.000.000. Moreover, violators are also subject to remedial measures forcibly removing or deleting advertisements.
