THE MINISTRY OF CULTURE, SPORTS AND TOURISM
THE MINISTRY OF INFORMATION AND COMMUNICATION
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 85/2008/TTLT-BVHTTDL-BTTTT
Hanoi, December 18, 2008
 
JOINT CIRCULAR
GUIDING THE LICENSING AND REGISTRATION AND PLACEMENT OF ADVERTISEMENTS ON THE PRESS, ONLINE COMMUNICATION NETWORKS AND PUBLICATIONS, AND THE INSPECTION, EXAMINATION, AND HANDLING OF VIOLATIONS
Pursuant to the 1989 Press Law and the 1999 Law Amending and Supplementing a Number of Articles of the Press Law;
Pursuant to the 2004 Publication Law;
Pursuant to the 2006 Law on Information Technology;
Pursuant to the 2001 Ordinance on Advertising;
Pursuant to the 2002 Ordinance on Handling of Administrative Violations and the 2008 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations;
Pursuant to the Government's Decree No. 185/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism;
Pursuant to the Government's Decree No. 187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communication,
To ensure and raise the effectiveness of the state management of advertising activities on the press, online communication networks and publications; the Ministry of Culture, Sports and Tourism and the Ministry of Information and Communication jointly guide the licensing, registration and placement of advertisements on the press, online communication networks and publications, and the inspection, examination, and handling of violations as follows:
Section I.
GENERAL PROVISIONS
1. This Circular guides the licensing of advertising on the press; registration of advertising on online communication networks; and advertising on publications, and the inspection, examination, and handling of violations.
2. This Circular is applicable to:
2.1. Vietnamese and foreign agencies, organizations and individuals engaged in advertising activities on the press, online communication networks and publications in Vietnam (below referred to as organizations and individuals);
2.2. Concerned agencies and units under the Ministry of Culture, Sports and Tourism;
2.3. Concerned agencies and units under the Ministry of Information and Communication;
2.4. Provincial-level Culture, Sports and Tourism Services;
2.5. Provincial-level Information and Communication Services.
3. Responsibilities and coordination:
3.1. The Ministry of Information and Communication shall:
a/ License advertising activities on the press; organize the registration of advertising activities on online communication networks and manage advertising activities on publications;
b/ Assume the prime responsibility for, and coordinate with the Ministry of Culture, Sports and Tourism in, inspecting and examining the lawfulness of advertising activities on the press, online communication networks and publications;
c/ Administratively handle violations of the law on advertising activities on the press, online communication networks and publications according to law.
3.2. The Ministry of Culture, Sports and Tourism shall:
a/ Direct and guide provincial-level Culture, Sports and Tourism Services in coordinating with provincial-level Information and Communication Services in managing advertising activities on the press, online communication networks and publications;
b/ Coordinate with the Ministry of Information and Communication in inspecting and examining the lawfulness of advertising activities on the press, online communication networks and publications.
3.3. Provincial-level Information and Communication Services shall:
a/ Perform the state management of advertising activities on the press, online communication networks and publications in their provinces or cities;
b/ Assume the prime responsibility for, and coordinate with provincial-level Culture, Sports and Tourism Services in, inspecting and examining the lawfulness of advertising activities on the press, online communication networks and publications in their provinces or cities;
c/ Administratively handle violations of the law on advertising activities on the press, online communication networks and publications committed by organizations and individuals in their provinces or cities according to law.
3.4. Provincial-level Culture, Sports and Tourism Services shall coordinate with provincial- level Information and Communication Services in performing the state management of advertising activities on the press, online communication networks and publications in their provinces or cities.
Section II
LICENSING OF ADVERTISING ON THE PRESS; REGISTRATION OF ADVERTISING ON ONLINE COMMUNICATION NETWORKS AND ADVERTISING ON PUBLICATIONS
1. Licensing of advertising on the press
1.1. Licensing procedures:
a/ A press agency wishing to publish an advertisement supplement, or broadcast a radio or television advertisement channel or program shall apply for a permit. The application dossier shall be submitted to the Press Department (the Ministry of Information and Communication), for an advertisement supplement of a newspaper or magazine; or the Department of Radio and Television Broadcast and E-Information Management (the Ministry of Information and Communication), for a radio or television advertisement channel or program. Such a dossier comprises:
- An application for a permit for an advertisement supplement or channel or program (made according to the form in Appendix 1 to this Circular, not printed herein);
- Opinions of the managing agency (if any);
- A (notarized or authenticated) copy of the press operation license.
b/ Within thirty (30) working days from the date of receiving a complete and valid dossier, the Press Department or the Department of Radio and Television Broadcast and E-Information Management shall grant a press agency a permit (according to the form in Appendix 2 to this Circular, not printed herein) for an advertisement supplement or channel or program. In case of refusal, it shall issue a reply clearly stating the reason.
1. 2. Modification and supplementation of a permit:
a/ A press agency wishing to modify the contents of a permit for an advertisement supplement or channel or program shall submit an application dossier to the competent licensing agency under Point 1.1, Clause 1. Section II of this Circular. Such a dossier comprises:
- An application for permit modification or supplementation (made according to the form in Appendix 1 to this Circular, not printed herein);
- A (notarized or authenticated) copy of the effective permit.
b/ Within fifteen (15) working days from the date of receiving a complete and valid dossier, the Press Department or the Department of Radio and Television Broadcast and E-Information Management shall grant a press agency a modified or supplemented permit (according to the form in Appendix 3 to this Circular, not printed herein). In case of refusal, it shall issue a reply clearly stating the reason.
1.3. Within seven (07) working days from the date of granting a permit for an advertisement supplement or channel or program or a modified or supplemented permit, the Press Department or the Department of Radio and Television Broadcast and E-Information Management under the Ministry of Information and Communication shall send a copy of this permit to the Grassroots Culture Department (the Ministry of Culture, Sports and Tourism) and the Information and Communication Service and Culture, Sports and Tourism Service of the province or city where the press agency is headquartered for coordinated management.