| NATIONAL ASSEMBLY -------- Law No. 16/2012/QH13 | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness --------------- Hanoi, June 21, 2012 |
LAW
ON ADVERTISING
Pursuant to the Constitution 1992 of the Socialist Republic of Vietnam amended and supplemented under the Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Advertising
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Law specifies the advertising activities; the rights and obligations of organizations and individuals participating in advertising activities; the State management of advertising.
2. The political propagation and dissemination are not regulated by this Law.
Article 2. Interpretation of terms
In this Law, the following terms are construed as follows:
1. Advertising is the employment of various means in order to present the public with the profitable products, goods and service; non-profitable products and services; organizations and individuals trading and providing the presented products, goods and services, except for news, social policies; personal information.
2. Profitable services are services aiming to make profit for the organizations and individuals that provide such services; non-profit services are services serving the social interests that do not make profit for the organizations and individuals that provide such services.
3. Advertisements include the contents and forms of advertising demonstrated using graphics, sounds, voices, text, symbols, colors, lights and similar forms.
4. Advertising promotions are activities of seeking and boosting the opportunity to sign the advertising contract.
5. Advertisers are organizations and individuals that demand to advertise their products, goods and services, or to advertise themselves.
6. Advertising service providers are organizations and individuals that perform one, a number of, or all the phases of an advertising process under the advertising contract with the advertiser.
7. Advertisement publishers are organizations and individuals using means of advertising under their management to present the advertisements to the public, including the press, publishers, website owners, organizers of sports events and cultural programs, and the organizations and individuals using other means of advertising.
8. Advertisement conveyors are people that directly bring the advertisements to the public or display the advertisements on their bodies in forms of wearing, hanging, sticking, drawing or similar forms.
9. Advertisement receivers are people that receive information from the advertisements via means of advertising.
10. Advertisement duration is the duration of broadcasting an advertisement on a channel, a TV program, and radio program; the advertisement duration in the total duration of a sports event or cultural program; the advertisement duration in a audio, video record, and other technological devices.
11. The advertisement area is the part displaying the advertisements on newspapers, video newspapers, electronics newspapers, websites, publications, billboards, means of transport or other similar means of advertising
12. Special products, goods and services are products, goods and services that directly affect the human health and the environment.
13. Advertising screens are means of advertising using electronic technology to convey the advertisements, including LED, LCD screens and similar forms.
Article 3. The State policies on advertising
1. Protecting the lawful rights and interests of organizations and individuals in advertising activities.
2. Facilitating organizations and individuals’ developing the advertising forms and improve the advertising quality.
3. Encouraging organizations and individuals to study and apply modern science and technology to the design and construction of advertisements, efficiently invest in advertising.
4. Facilitating and encouraging the development of the advertising workforce; prioritizing the investment in professional training for the officers and officials in charge of the State management of advertising.
5. Expanding the international cooperation in advertising.
Article 4. State management of advertising
1. Promulgating and organizing the implementation of the legal documents on advertising.
2. Formulating and directing the strategies, planning, plans and policies on advertising development.
3. Disseminating the law on advertising.
4. Guiding the researches and application of science and technology to advertising.
5. Guiding and organizing the implementation of the professional training provision for the advertising workforce.
6. Organizing the commendation in advertising.
7. Getting international cooperation in advertising.
8. Carrying out inspections, settling complaints, denunciation and handling violations of advertising.
Article 5. State management responsibilities for advertising
1. The Government shall unify the State management of advertising.
2. The Ministry of Culture, Sports and Tourism is responsible to the Government for the State management of advertising.
3. The Ministries and ministerial-level agencies are responsible to cooperate with the Ministry of Culture, Sports and Tourism in performing the State management of advertising within their scope of duties and authority.
4. People’s Committees all levels are in charge of the State management of local advertising activities within their authority
Article 6. Advertising contract
The cooperation among the subjects in advertising activities must be concluded in the advertising contract as prescribed by law.
