Decree No. 24/2003/ND-CP dated March 13, 2003 of the Government detailing the implementation of the Ordinance on advertisement
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, March 13, 2003
DETAILING THE IMPLEMENTATION OF THE ORDINANCE ON ADVERTISEMENT
Pursuant to the Law on Organization of the Government of December 25, 2001;
Pursuant to Advertisement Ordinance No. 39/2001/PL-UBTVQH10 of November 16, 2001;
At the proposal of the Minister of Culture and Information,
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1. Vietnamese as well as foreign organizations and individuals engaged in advertising activities; advertisements for business activities, goods and/or services (including profit-making and non-profit services) in the Vietnamese territory must comply with the provisions of the Advertisement Ordinance, the provisions of this Decree and other relevant provisions of law.
2. Political information is not subject to the regulation by the Advertisement Ordinance and this Decree.
Article 2.- A number of terms and expressions in the Advertisement Ordinance are construed as follows:
1. Advertisement of profit-making services means advertising economic and social services, aiming to generate profits for service-providing organizations or individuals.
2. Advertisement of non-profit services means advertising services for realizing the social policies and information in form of announcements, messages or classified advertisements.
3. Advertising time volume means the time volume for broadcasting advertisements on radio or television; or advertising time volume in films, video tape or disk, audio tape or disk programs or cultural and sport activity programs.
4. Advertising time volume percentage means the time volume calculated in percentage of the advertisement-broadcasting time on the total time volume for broadcasting programs of a radio or television channel in a day, or of the advertising time volume on the total programmed time of a film, a video tape or disk, audio tape or disk or a cultural or sport activity program.
5. Advertising space means areas for publishing and printing advertisements on printed newspapers; space for displaying advertising products on billboards, signboards or panels; space for drawing and painting advertisements on transport means, illuminating objects, aerial or aquatic objects, other moving objects as all as other similar forms of displaying advertising products.
6. An advertising drive means a period of time for consecutively publishing an advertising product on printed newspapers, or consecutively broadcasting it on radio or television, a time period for continuous advertising on banners, illuminating objects, aerial or aquatic objects and other moving objects.
7. Specialized advertising program means a period of time for continuously broadcasting on radio or television advertising products, which lasts for over 10 minutes.
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8. Advertising activity process means the realization of a strategy on marketing, advertising promotion and consultancy, materialization of advertising ideas, advertisement distribution and introduction of advertising products to consumers.
Article 3.- A number of acts strictly prohibited in advertising activities prescribed in Article 5 of the Advertisement Ordinance are specified as follows:
1. Making advertisements of national or racial discrimination nature or infringing upon the belief or religious freedom;
2. Making advertisements of violence-inciting or horrifying nature; or using unhealthy words or phrases;
3. Using images of Vietnamese Party and/or State leaders;
4. Making advertisements not true to the actual quality of advertised goods and/or services; with false addresses of production, business or service-providing establishments;
5. Forcing advertisements in any form;
6. Making advertisements which restrict the vision of persons joining in traffic or affect the solemnity at working offices of the State agencies; using sounds which cause noises exceeding the permitted noise level according to the Vietnamese standards;
7. Making advertisements which defame, compare or cause confusions with other production, business or service-providing establishments; using names or images of other organizations and/or individuals for advertisements without their consents;
8. Advertising curative medicines, which are sold only at physicians’ prescriptions; medicines not yet granted registration certificates or with expired registrations and put out of the list of medicines permitted for use; medicines already registered but suspended from circulation; medical instruments and equipment not yet permitted for use, medical services not yet permitted to be provided in Vietnam;
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9. Advertising other goods and services banned by law from advertisement.
1. Advertising information on business activities must be truthful, accurate and consistent with the already registered business scope and lines.
2. Advertising information on goods and profit-making services must demonstrate in a truthful and accurate manner their actual specifications, quality, utilities, labels, designs, categories, packing, origins, service modes, use, preservation and warranty durations.
3. Advertising information on non-profit services must be truthful and accurate, correctly reflecting service requirements, capabilities and quality.
1. For advertising products displayed on billboards, signboards, panels, banners or in similar forms, their serial numbers and duration of advertisement permits and names of applicants therefor must be inscribed thereon.
2. For advertising products displayed on posters, the serial numbers of publication permits therefor, names of publication permit applicants, names of printing establishments and numbers of printed copies must be inscribed thereon.
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3. Advertisements on printed press must be laid out in separate sections or pages with headlines clearly indicating that they are classified information and advertisements; advertisements on radio and television must be made with voices or inscriptions clearly expressing that they are classified information and advertisements.
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