Is advertising allowed on the means of transport in Vietnam?

Is advertising allowed on the means of transport in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Is advertising allowed on the means of transport in Vietnam?

According to Article 32 of the Law on Advertising 2012, advertising on means of transport is as follows:

- The advertising on means of transport must comply with the Law on Advertising 2012 and law provisions on traffic.

- 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.

Thus, it will be allowed to advertise on means of transport if the conditions specified above are met.

2. Penalties for violations against regulations on advertisements on means of transport in Vietnam

Pursuant to Clause 2, Article 43 of Decree 38/2021/ND-CP, imposing the fine ranging from 2,000,000 dong to 5,000,000 dong for one of the following violations:

- Mounting advertisements on the front, back and roof of vehicle;

- Placing an advertisement covering more space than the allowable space that it may occupy on each side of a means of transport.

In addition, this act is also subject to the remedial measures specified at Point b, Clause 4, Article 43 of Decree 38/2021/ND-CP: Compelling the destruction or elimination of exhibits involved in the violations

This fine is for individuals. For the same act of administrative violation, the fine level for organizations is twice as much as for individuals (Clause 3, Article 5 of Decree 38/2021/ND-CP).

3. Products, goods and services banned from advertising in Vietnam

According to Article 7 of the Law on Advertising 2012, products, goods and services banned from advertising include:

- Goods and services banned from trade as prescribed by law.

- Cigarettes.

- Wine that contains 150 alcohol or above.

- Dairy being breast milk substitute for children under 24 months old, dietary supplements for children under 06 months old; artificial feeding bottles and pacifiers

- Prescription drugs, non-prescription drugs recommended by competent State agencies to use restrictively or under the doctor’s supervision.

- Pornographic products.

- Shotguns and cartridges, sporting weapons and products that might incite violence.

- Other products, goods and services banned from advertising specified by the Government depending on the actual requirements.

4. Penalties for violations against regulations on advertising of products, goods and services subject to advertising prohibitions in Vietnam

Penalties for violations against regulations on advertising of products, goods and services subject to advertising prohibitions are specified in Article 33 of Decree 38/2021/ND-CP as follows:

- Imposing the fine ranging from 50,000,000 dong to 70,000,000 dong for one of the following violations:

+ Advertising cigarettes;

+ Advertising alcohol containing at least 15% alcohol by volume;

+ Advertising breast milk substitutes for children under 24 months of age; supplementary foods for infants under 06 months of age; artificial feeding bottles and pacifiers;

+ Advertising prescription drugs; over-the-counter drugs subject to a competent state authority’s warning of restricted use or use through oversight of physicians; drugs of which the periods of registration for marketing authorization are expired;

+ Advertising other products, goods and services subject to advertising prohibitions.

- Imposing the fine ranging from 70,000,000 dong to 100,000,000 dong for one of the following violations:

+ Advertising goods and services subject to trading prohibitions in accordance with regulations in force;

+ Advertising products and goods for sexual arousal/stimulation/enhancement;

+ Advertising shotguns and shotgun shells, sports guns and other products and goods inciting violence.

- Remedies:Compelling the removal, demolition and deletion or erasure of advertisements or the recall of printed newspapers and magazines with advertisements with respect to the acts specified in clause 1 and 2 of Article 33 of Decree 38/2021/ND-CP.

This penalty applies to individuals. For the same act of administrative violation, the fine level for organizations is twice as much as for individuals (Clause 3, Article 5 of Decree 38/2021/ND-CP).

Ho Quoc Tuan

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