Publication advertising is the use of media to introduce products to the public for a profit. What are regulations on advertising on publications and the penalties for violations against this regulations in Vietnam?
Article table of contents
What are penalties for violation against advertising on publications in Vietnam? (Source: Internet)
1. What is a publication?
According to Clause 4, Article 4 of the Law on Publication (2012), the term "publication" is explained as follows:
- A work and documents on politics, economics, culture, society, education and training, science, technology, literature, art which are published through publisher or agency, organization is issued publishing license in different languages, images, sounds.
-Publication is expressed in the following forms::
+ Printed books
+ Braille books;
+ Paintings, photographs, maps, posters, flyers and leaflets
+ Types of calendar;
+ Audio and video recording with the content for substitution of book or illustration for books
2. Advertising on publications
According to Article 30 of the Law on Publication (2012), regulations on advertising in publications in Vietnam are as follows:
- No permission for advertising on administrative map.
- Advertising on bloc calendar shall comply with the following regulations:
+ Area for advertising does not exceed 20% of area of each calendar page; the advertising content and images must match the Vietnamese fine traditions and the other provisions of the law on advertising;
+ No permission for advertising on calendar pages printing National holidays and large anniversaries of the country.
- The advertising on publications not specified in Clause 1 and 2 of Article 30 of Law on Publication (2012) shall comply with regulations of law on advertising.
3. Fines for violation against advertising on publications in Vietnam
According to Article 41 of Decree 38/2021/ND-CP, violations against regulations on advertising on print products and electronic publications are as follows:
- Imposing the fine ranging from 3,000,000 dong to 5,000,000 dong for the act of advertising without stating name, address, organization or individual providing advertising services or the advertiser, print quantity, printing place on pictures, photographs, posters, catalogs, flyers, brochures and other print products that are not publications, except for the cases specified in clause 2 and 4 of of Article 41 of Decree 38/2021/ND-CP.
- Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong for one of the following violations:
+ Failing to place the advertiser's emblem, logo or trademark at the bottom of a print product;
+ Advertising in excess of the prescribed space on pictures, photos, posters, catalogs, flyers, leaflets or brochures propagating and disseminating information about politics, economy, culture, society, science, technology, literature, art, education and training;
+ Advertising in excess of the prescribed space or running advertisements of which content and images do not accord with Vietnamese fine customs and traditions on each publication which is a tear-off block calendar;
+ Advertising on each tear-off block calendar containing national holidays and key national anniversaries.
- Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for one of the following violations:
+ Running ads that mix with or interrupt the content of each electronic publication;
+ Running advertisements on one of the second, third and fourth cover page of each publication in book form and non-commercial document in book form, except in the case of placing the advertisement for the author, work, publisher, affiliated partner in publishing activities on the fourth cover page of a book and promotional book;
+ Running advertisements on the first cover pages or block text pages of each publication in book form and non-commercial document in book form, except promotional books;
+ Running advertisements for the author, work, publisher, emblem, logo or trademark of a product, commodity, service, and activities on a non-commercial document that are not under ownership of the organization or individual publishing that document.
- Imposing the fine ranging from 15,000,000 dong to 30,000,000 dong for the act of advertising on print products that are administrative maps, valuable documents, certificates, diplomas and state management instruments.
In addition, apply remedial measures: forcible destruction of material evidence of violation; for acts specified in Clause 4, Article 41 of Decree 38/2021/ND-CP.
For organizations with similar violations, the fine will be 2 times higher than for individuals.
Chi Nhan
