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MEKONG COUNSEL

Law on advertisement

On June 21st, 2012, the XIIIth National Assembly passed the Law No. 16/2012/QH13 on advertisement. Accordingly, some contents shall be worth noticing as follows:

 

- Regulation on List of commodities, products, services prohibited from advertising, including: commodities, services which are banned from business by law; Cigarettes; Wines with alcohol content of 15% or more; Milk products in place of mother milk used for infants below 24 months old, dietary supplements used for infants below 06 months old; feeding bottles and artificial nipples; prescribed medicines; unprescribed medicines but regulated by the competent state authorities to limit to use or use under supervision of medical practicians; products, commodities stimulating sexual desires; hunting guns and their bullets, sports weapons and products, commodities stimulating violence; Other products, commodities, services prohibitied from advertising as regulated by the Government.

 

- Some acts prohibited from advertising shall include: Advertisements having ethnic and race discrimination, intrusion of belief and superstition freedom, prejudice about sex and the disabled; Advertisements using images, words, letters of a person without consent of such person, except for cases being allowed by the law; Untrue or confusion-causing advertisements; Advertisements using direct comparison of the price, quality, effectiveness of using such products, commodities, services with that of products, commodities, services of the same type of other individuals, organizations; Advertisements using words such as “best”, “unique”, “number one”, or words with similar meaning without legal documents to prove as regulated by the Ministry of Culture, Sports and Tourism; Advertisements with unfair competition under provisions of the laws on competition; Advertisements violating the laws on intellectual property; Advertisements causing the children to have thoughts, words, actions which go against ethics, morals and custom; bad impacts on health, safety and natural development of children; Forcing the competent agencies, organizations, individuals to advertise or receiving advertisements unwillingly; Hanging, putting, posting, drawing advertisement products on electrical poles, traffic signal poles and trees in public places.

 

- A Council for appraising advertisement products under the Ministry of Culture, Sports and Tourism shall be established.

 

- Organizations, individuals having violation acts shall be administratively sanctioned in accordance with the nature, level of violation; in case of damages, compensation shall be required or penal responsibility shall be held.

 

- Advertisement on newspaper: Space for advertisement shall not exceed 15% of a newspaper, or 20% of a magazine, instead of 10%.

Press agencies shall be allowed to publish advertisement supplement and must notify the domestic state management agency not later than 30 days prior to the first publishing date of the advertisement supplement. The first page of the advertisement supplement must indicate the following information: Name of the newspaper; Name and address of the press agency; The line “Supplement, free from the selling price”.

 

- Advertisement on audio press, visual press: time volume for advertisement on audio press, visual press shall not exceed 10% of the total time volume of one-day broadcasting program of a broadcasting organization, except for advertising on channels, programs specialized for advertisements; Time volume on payable TV channels shall not exceed 5% of the total time volume, instead of 5% as generally regulated before.

 

- Advertisement on electronic press and electronic information webpage: No design, arrangement of advertisements in between of the information allowed. For advertisement not locating in a fixed area, optional on/off which shall not exceed 1.5 seconds must be designed.

 

This Law shall be effective from January 1st, 2013. Ordinance No. 39/2001/PL-UBTVQH10 dated November 16th, 2001 shall be invalid from the effective date of this Law.