What types of advertising are required to apply for a license, what types do not need a license before conducting advertising activities and what are the notes and requirements when applying these types of advertising? The following article, Law Office Tran Duc Hung and Associates will help readers and clients better understand this issue.
- FORMS OF ADVERTISING WITHOUT LICENSE AND NOTES WHEN USING THIS FORM
- Advertising on billboards, banners
– The placement of billboards and banners must comply with regulations on protected areas of historical and cultural relics; traffic safety corridor, dyke, national power grid; must not obscure traffic lights, public signboards; must not cross the road and must comply with the local advertising planning and technical regulations issued by the competent authority. Advertising products displayed on billboards and banners must clearly state the name and address of the performer.
– Accordingly, organizations and individuals only need to send dossiers of notification of advertising products to the local advertising authority 15 days before advertising.
- Advertising on means of transport
Advertising on means of transport must comply with traffic laws.
– Advertising products must not be displayed on the front, back and roof of the vehicle. Advertising products must not exceed 50% of the permitted advertising area of each vehicle. The display of logos, logos and symbols of the vehicle owner or vehicle company on the vehicle must comply with the provisions of traffic laws.
- Loudspeaker advertising (direct speech, pre-recorded tapes, music playback) and the like
– It is necessary to comply with regulations on noise level, location (no advertising at headquarters of armed forces units, schools, hospitals), advertising media (not advertising on radio systems). serving political tasks of communes, wards and townships).
– Do not advertise with loudspeakers attached to means of transport and other mobile means in inner cities, inner towns of cities and towns.
- Advertise on electronic newspapers and websites
– Advertisements on e-newspapers must comply with regulations on design and layout such as: Not to design and arrange advertisements mixed with news content; For ads that are not in a fixed area, it must be designed so that readers can actively turn off or open the ad, the maximum waiting time to turn off or open the ad is 1.5 seconds.
Advertisements on websites of foreign organizations and individuals trading in cross-border advertising services and generating advertising revenue in Vietnam must comply with the provisions of the Law on Advertising and other regulations. other relevant legislation.
- Advertising on electronic media, terminals and other telecommunications equipment
Advertising by sending advertising messages and emails:
- Organizations and individuals are only allowed to send advertising messages and e-mails with the prior consent of the recipients;
- Electronic information and telecommunications service providers are only allowed to send messages and emails with advertising content about their services; advertising messages are only sent to the phone in the period from 07:00 to 22:00; not send more than three promotional messages to a phone number, more than three emails to an email address within 24 hours, unless otherwise agreed upon with the recipient;
- Advertising organizations and individuals must ensure that recipients have the ability to refuse advertising; must immediately terminate the sending of advertising messages or emails if the recipient notices to reject the advertisement and may not charge a service fee for the recipient’s refusal notice.
Advertising in other forms on electronic media, terminals and other telecommunications equipment must comply with the provisions of the Advertising Law and other relevant laws.
- Advertisement in print newspapers
The advertising area must not exceed 15% of the total area of a newspaper publication or 20% of the total area of a magazine publication, excluding newspapers and magazines specialized in advertising; must have signs to distinguish advertising from other content.
- Groups of people performing advertising, seminars, conferences, fairs, exhibitions, event organizers, advertising objects
The advertising team must comply with the following regulations:
- Advertising-performing convoy means a group of three or more people wearing costumes or carrying images and objects showing the advertised products at one location or moving on traffic roads;
- The advertising team must ensure traffic order and safety and social safety; comply with the legal provisions on advertising activities and other relevant laws;
- Organizations and individuals, organizations, and groups of people performing advertising must notify the local advertising competent authority of the content and form of the advertised products and the number of people participating in the advertising convoy. , the time and route of implementation is at least 15 days before the date of advertising.
Seminars, conferences, event organizers, exhibitions, people who convey advertising products, advertising objects and other advertising media must comply with other relevant laws and regulations, ensure the beauty of their products. urban landscape, environmental landscape, traffic order and safety, social order and safety.
- Advertising on printed products
– For books and documents in the form of books, only advertising about the author, work, and publisher is allowed on the second, third and fourth covers, except for books specializing in advertising.
– For non-commercial material, only the author, work, publisher or logo, logo, trademark, products, goods, services and activities of the organization may be advertised. , the individual is authorized to publish such material.
– For pictures, photos, posters, catalogs, leaflets, leaflets with content to promote and propagate politics, economy, culture, society, science, technology, literature education, art, advertising may not exceed 20% of the area of each product.
The advertiser’s logo, logo, and trademark must be placed at the bottom of the printed product.
– Do not advertise on printed products that are money or valuable papers, diplomas, certificates and state management documents.
– Advertisements on pictures, photos, posters, catalogs, loose sheets, leaflets and printed products that do not fall into the above cases must clearly state the name and address of the organization or individual doing business in translation services. advertising service or advertiser, quantity printed, place of printing.
- Advertising in audio and video recordings
The duration of advertisement in phonograms, video recordings of cultural, artistic, cinematographic programs, phonograms and video recordings with content replacing books or illustrating books must not exceed 5% of the total duration of the program’s content. submit.
- Advertising in cultural and sports programs
Advertisements in cultural and sports programs must comply with the law on performing arts and physical training and sports.
– Do not hang, place, paste or erect advertising products equal to or higher than the logo, logo or name of the program; The font size shown on the advertising product should not exceed half of the font size of the program’s name.
Advertising on the stage area must be aesthetically pleasing and must not obscure the view of viewers.
– Advertisements in stadiums, gymnasiums and places where sports activities take place must not obscure the National Flag, National Emblem, leader’s photo, professional guide board and audience’s vision; does not affect the practice, competition, performance of athletes, the direction of the coach and the performance of the duties of the organizers, referees, instructors, medical staff, service.
- FORMS OF ADVERTISING NEED A PERMIT AND NOTES WHEN USING THIS FORMS
- Advertising in audio and video newspapers
– The duration of advertisement in audio and video newspapers must not exceed 10% of the total duration of a broadcast program per day of a broadcasting organization, except for the duration of advertising on channels and programs specialized in advertising; must have signs to distinguish advertising content from other content.
– The duration of advertising on a pay TV channel must not exceed 5% of the total duration of a broadcast program per day of a broadcasting organization, excluding specialized advertising channels and programs.
– Advertising is not allowed in the following programs:
- News program;
- Live radio and television programs on special political events, commemorating major national holidays.
– Each feature film program must not be interrupted for advertising more than twice, each time not exceeding 05 minutes. Each entertainment program must not be interrupted to advertise more than four times, each time not exceeding 05 minutes.
– When displaying advertising products with main information content in the form of running text or a series of moving images, the advertising products must be displayed close to the bottom of the screen, not more than 10% of the screen height. and must not affect the main content in the program. Advertising in this form does not count towards the advertising duration of the newspaper.
– Newspaper agencies say, video newspapers that need to publish advertising channels or programs must have a license from the state management agency in charge of the press.
- Advertising on screens specializing in outdoor advertising, signboards, independent billboards or associated with construction works.
– The construction of outdoor advertising screens, signs, billboards independent or attached to previous constructions must comply with the provisions of the Law on Advertising, other relevant laws and regulations. local outdoor advertising plan.
– The construction of specialized outdoor advertising screens, signs, billboards stand-alone or attached to existing constructions must obtain a construction permit from the local competent construction authority in the following cases: the following case:
- Building specialized outdoor advertising screens with an area of 20 square meters (m2) or more on one side;
- Construction of signs, billboards with an area of over 20 square meters (m2) on one side of a metal frame or similar construction material attached to existing construction works;
- Stand-alone billboards with an area of 40 square meters (m2) or more on one side.
In addition, advertising for special products, goods and services such as: Drug advertising; Cosmetic advertising; Chemical advertising; Advertising food, food additives; Advertisement of chemicals, insecticidal and germicidal preparations for household and medical use; Advertising medical equipment; Advertisement of dairy products and nutritional supplements for children; Advertisement of medical examination and treatment services; Advertisement of plant protection drugs, plant protection drug ingredients, plant protection supplies, useful organisms used in plant protection, veterinary drugs, veterinary supplies; Advertisements for fertilizers, biological products for cultivation, animal feeds, biological products for animal husbandry, plant varieties and animal breeds must satisfy the following advertising conditions:
Advertising content must provide sufficient information as prescribed by law of each specific product, goods or service (Product name; Name and address of organization or individual responsible for delivering products). products to the market; Product features, uses, etc.);
– Having a certificate of food hygiene and safety, a product announcement sheet, a certificate of circulation registration, etc., depending on each special product, goods or service;
– Only done after being certified by a competent state agency.
For support and advice on Business, Real Estate, Intellectual Property, … in the best way, please contact us with the following information:
DHP
Law Firm Address: L4-09.OT06 Landmark 4 Building, Vinhomes Central Park 720A Dien Bien Phu, Ward 22, Binh Thanh District, City. Ho Chi Minh.
Email: lawyer_duchung@yahoo.com
Website: www.dhplaw.vn
Phone: 0986938627
