THE MINISTRY OF CULTURE, SPORTS AND TOURISM

Circular No. 10/2013/TT-BVHTTDL dated December 6, 2013 of the Ministry of Culture, Sports and Tourism on detailing and guiding implementation of several articles of Law on Advertising and Government’s Decree No. 181/2013/ND-CP dated November 14, 2013, detailing implementation of several articles of Law on Advertising

Pursuant to Law on Advertising dated June 21, 2012;

Pursuant to the Government’s Decree No. 181/2013/ND-CP dated November 14, 2013, detailing implementation of a number of articles of Law on Advertising;

Pursuant to the Government’s Decree No. 76/2013/ND-CP dated July 16, 2013, defining the functions, tasks, powers and organizational structure of The Ministry of Culture, Sports and Tourism;

At the proposal of Director of the Grassroots Culture Department, 

Ministers of Culture, Sports and Tourism promulgates Circular detailing and guiding implementation of a number of articles of Law on Advertising and Government’s Decree No. 181/2013/ND-CP dated November 14, 2013, detailing implementation of several articles of Law on Advertising.

Article 1. Scope of regulation and subjects of application

1. This Circular details and guides implementation of a number of articles of Law on Advertising and Government’s Decree No. 181/2013/ND-CP dated November 14, 2013, detailing implementation of a number of articles of Law on Advertising, on legitimate documents, organization and operation of the Advertisement Appraisal Council  and assignment of advertisement state management responsibility. 

2. This Circular applies to Vietnamese organizations and individuals; foreign organizations and individuals participating in advertisement activities on Vietnam’s territory.

Article 2. Legitimate documents

1. Legitimate documents specified at Clause 11 Article 8 of Law on Advertising include:

a) Result of market survey of organizations which are established and operate legally with function of market research;

b) Certificates or equivalent papers at competitions, exhibits with regional or national scale in which such products, goods or services have been voted and recognized to be “the first rank”, “the unique” “the best”, “number one” or phrases with the similar significance.

2. Time for using legitimate documents to prove the phrases “the first rank”, “the unique”, “the best”, “number one” or phrases with similar significance on advertisement products will be 01 (one) year from the day organizations or individuals are granted certificate or receive result of market survey.

3. On advertisement products must present fully, clearly, exactly name of legitimate documents specified at Clause 1 of this Article.

Article 3. Request for advertisement product appraisal

1. The Advertisement Appraisal Council shall conduct appraisal of advertisement products at the request of organizations and individuals in the following cases:

a) Advertisement products contain contents related to provisions in Article 7 and Article 8 of the Law on Advertisement;

b) Advertisement products which are refused for performance by advertisement service providers or advertisement issuers because they do not ensure about the legality of advertisement products;

c) There are divergent opinions about content of advertisement products between state management agencies and organizations or individuals participating in advertisement operation;

d) Other cases as prescribed by law.

2. The Advertisement Appraisal Council shall not appraise advertisement products which only present the logo, symbol, trademark or brand name of products, goods, or services.

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