Thông tư 10/2013/TT-BVHTTDL hướng dẫn Luật Quảng cáo

THE MINISTRY OF CULTURE, SPORTS AND TOURISM

Circular No.10/2013/TT-BVHTTDL dated December 6, 2013 of the Ministry of Culture, Sports and Tourism on detailing and guiding implementation of several articles of Law on Advertising and Government’s Decree No. 181/2013/ND-CP dated November 14, 2013, detailing implementation of several articles of Law on Advertising

Pursuant to Law on Advertising dated June 21, 2012;

Pursuant to the Government’s Decree No. 181/2013/ND-CP dated November 14, 2013, detailing implementation of a number of articles of Law on Advertising;

Pursuant to the Government’s Decree No. 76/2013/ND-CP dated July 16, 2013, defining the functions, tasks, powers and organizational structure of The Ministry of Culture, Sports and Tourism;

At the proposal of Director of the Grassroots Culture Department, 

Ministers of Culture, Sports and Tourism promulgates Circular detailing and guiding implementation of a number of articles of Law on Advertising and Government’s Decree No. 181/2013/ND-CP dated November 14, 2013, detailing implementation of several articles of Law on Advertising.

Article 1. Scope of regulation and subjects of application

1. This Circular details and guides implementation of a number of articles of Law on Advertising and Government’s Decree No. 181/2013/ND-CP dated November 14, 2013, detailing implementation of a number of articles of Law on Advertising, on legitimate documents, organization and operation of the Advertisement Appraisal Council  and assignment of advertisement state management responsibility. 

2. This Circular applies to Vietnamese organizations and individuals; foreign organizations and individuals participating in advertisement activities on Vietnam’s territory.

Article 2. Legitimate documents

1. Legitimate documents specified at Clause 11 Article 8 of Law on Advertising include:

a) Result of market survey of organizations which are established and operate legally with function of market research;

b) Certificates or equivalent papers at competitions, exhibits with regional or national scale in which such products, goods or services have been voted and recognized to be “the first rank”, “the unique” “the best”, “number one” or phrases with the similar significance.

2. Time for using legitimate documents to prove the phrases “the first rank”, “the unique”, “the best”, “number one” or phrases with similar significance on advertisement products will be 01 (one) year from the day organizations or individuals are granted certificate or receive result of market survey.

3. On advertisement products must present fully, clearly, exactly name of legitimate documents specified at Clause 1 of this Article.

Article 3. Request for advertisement product appraisal

1. The Advertisement Appraisal Council shall conduct appraisal of advertisement products at the request of organizations and individuals in the following cases:

a) Advertisement products contain contents related to provisions in Article 7 and Article 8 of the Law on Advertisement;

b) Advertisement products which are refused for performance by advertisement service providers or advertisement issuers because they do not ensure about the legality of advertisement products;

c) There are divergent opinions about content of advertisement products between state management agencies and organizations or individuals participating in advertisement operation;

d) Other cases as prescribed by law.

2. The Advertisement Appraisal Council shall not appraise advertisement products which only present the logo, symbol, trademark or brand name of products, goods, or services.

Article 4. Establishment of advertisement appraisal Council

1. The Minister of Culture, Sports and Tourism shall decide establishment of the Advertisement Appraisal Council specified in Article 9 of the Law on Advertising.

2. The Advertisement Appraisal Council shall resolve the request for advertisement product appraisal and be automatically dissolved by itself after having result of appraisal.

3. Decision on members of the Advertisement Appraisal Council shall be requested by the Grassroots Culture Department and written member appointments of relevant agencies and units.

Article 5. Members of the advertisement appraisal Council

1. Number of members of an advertisement appraisal Council must be odd number and must have at least 05 (five) members, including: 01 chairman of council, 01 member as secretary and other members.

2. Members of the advertisement appraisal Council, base on content of the advertisement product that is requested for appraisal, include:

a) Representatives of Departments, agencies of The Ministry of Culture, Sports and Tourism, the Ministry of Health, the Ministry of Agriculture and Rural development, the Ministry of Science and Technology, the Ministry of Industry and Trade and other Ministries and sectors; 

b) Representatives of occupational organizations;

c) Experts or representatives of other units and organizations with specialized activities related to the contents that need to be appraised.

3. Chairman of the advertisement appraisal Council is leader of the Grassroots Culture Department.

4. The Standing Agency of the advertisement appraisal Council is the Grassroots Culture Department.

Article 6. Operational mechanism of the advertisement appraisal Council

1. The advertisement appraisal Council shall work under administration of the chairman of Council in the principles of concentration, democracy and decisions in favor of the majority.

2. The advertisement appraisal Council and each member must be responsible for content and quality of appraisal.

3. A session of the advertisement appraisal Council must have at least 3/4 of total its members.

4. The appraisal results must be presented in writing and have signatures of chairman and secretary of council.

Article 7. Process for advertisement product appraisal

1. Organizations and individuals shall send request for advertisement product appraisal, directly or via post system, to the Grassroots Culture Department (Form No.1).

2. After receiving request for advertisement product appraisal of organizations and individuals, the Grassroots Culture Department shall submit to the Minister of Culture, Sports and Tourism for decision on establishment of Council, send summary of request that needs to be appraised and written invitation of participation in meeting to members of the advertisement appraisal council at least 02 (two) days before day of meeting.

3. The advertisement appraisal Council shall conduct meeting for the appraisal in according to the following process:

a) Chairman of Council shall present summarily content of the request that needs to be appraised;

b) Members of the Council will give out comments and assessments; the Council shall discuss to reach unified opinions from comments and assessments;

c) Members of Council shall make vote, chairman of the advertisement appraisal Council shall make decisions in favor of the majority about the conformity of advertisement product with legislations on advertising;

d) Secretary shall make a meeting minutes;

dd) The Council shall approve the written record of meeting, chairman and secretary of the advertisement appraisal council shall sign on the approved written record.

4. Base on result of Appraisal, the Director of the Grassroots Culture Department shall issue a document to send it to organization or individual in which clearly state that the advertisement product is conformable or non-conformable with legislations of advertising.

5. Within 15 (fifteen) working days, after receiving request for advertisement product appraisal, the grassroots Culture Department shall send the written appraisal of advertisement product  (Form No.2) to the applicants.

Article 8. The responsibilities of agencies and units of the Ministry of Culture, Sports and Tourism

1. The Grassroots Culture Department shall:

a) Assist the Minister of Culture, Sports and Tourism to perform the state management function related to advertisement nationwide;

b) Preside over activities of the advertisement appraisal Council at the request of organizations and individuals;

c) Give out opinions related to commendation and handling of violations in advertising.

2. Agencies, units of the Ministry shall, within their tasks and powers, coordinate with the grassroots Culture Department in assisting the Minister of Culture, Sports and Tourism for conducting state management on advertising.

3. The Ministerial Inspectorate shall examine, inspect, and handle violations in advertising under its authority; coordinate with relevant organizations and individuals in settling complaints and denunciation in advertising under legislation.

Article 9. The responsibilities of the Departments of Culture, Sports and Tourism in provinces and central-affiliated cities

1. The provincial Departments of Culture, Sports and Tourism shall assume the prime responsibility for, and coordinate with other local Departments and sectors in elaborating the advertisement plans and submit them to the provincial/municipal People’s Committees for approval.

2. The provincial Departments of Culture, Sports and Tourism shall receive and handle dossiers of notification on advertisement products on banners, panels according to the following process:

a) Directly receiving dossiers of notification on advertisement products on banners or panels;

b) After receiving full dossier as prescribed in Article 29 of the Law on Advertisement, the provincial Departments of Culture, Sports and Tourism shall issue a written receipt for the applicant (Form No.3) and record in the receipt book (Form No.4);

c) Within 05 (five) working days, after receiving full and valid dossier and being recorded in the receipt book, the provincial Departments of Culture, Sports and Tourism feedback in writing for organizations and individuals that have conducted notifications of advertisement products. In case of disagreement with contents in dossier of notification of advertisement products of the applicant, the provincial Departments of Culture, Sports and Tourism must reply in which clearly stating reasons and requests for contents that need to be modified.

d) Sending the content of written notifications of advertisement products and written requests for modification (if any) to the district-level People’s Committees, the district-level Divisions of Culture and Information for coordination in the work of inspection, examination and handling of violations.

3. Assisting the provincial People’s Committees to make periodic reports on management of advertising in their localities and send them to the Ministry of Culture, Sports and Tourism (the Grassroots Culture Department) before December 31 every year for the following contents:

a) Documents of state management related to advertising of localities which have been issued;

b) The local advertisement plans, amendments and supplementations of plans;

c) Quantity of enterprises registering provision of advertisement service placed head offices in their localities; quantity of enterprises providing advertisement service of which branches or representative offices are placed in their localities.

d) Quantity and operational status of representative offices of foreign advertisement enterprises in localities;

dd) Quantity of dossiers of notification on advertisement products (specified each means of advertising);

e) Violations related to advertising and result of handing of such violations in their localities.

4. Implementing other tasks as prescribed by law.

Article 10. The responsibilities of the district-level Divisions of Culture and Information

1. To inspect the implementation of advertisement operation in their localities.

2. To advise for the district-level People’s Committees in handling violations related to advertisement operation under legislations.

3. To coordinate with the Inspectorate of the provincial Departments of Culture, Sports and Tourism in inspecting, handling of violations in advertising in their localities.

4. To implement other tasks as prescribed by law.

Article 11. Effect

1. This Circular takes effect on February 01, 2014.

2. Previous regulations on advertising in contrary to this Circular are annulled.

3. To promulgate together with this Circular the following forms:

a) Application for the advertisement product appraisal (Form No.1);

b) Written advertisement product appraisal (Form No.2);

c) Written receipt (Form No.3);

d) The receipt book of dossiers of notification of advertisement products (Form No.4);

dd) Written notification on advertisement products on panels, banners (Form No.5);

e) Application for license to establish representative office of foreign advertisement enterprise (Form No.6);

g) License for establishment of representative office of foreign advertisement enterprise in Vietnam (Form No.7);

h) Application for amending and supplementing license for establishment of representative office of foreign advertisement enterprise (Form No.8);

i) Application for re-grant of license for establishment of representative office of foreign advertisement enterprise (Form No.9);

k) Reports on activities to provide advertisement services of the advertisement service providers when perform contracts of advertisement service on websites of foreign organizations and individuals that provide cross-border advertisement services at Vietnam (Form No.10).

Article 12. Responsibility for implementation

1. Heads of agencies, units of the Ministry of Culture, Sports and Tourism, Directs of the provincial/municipal Departments of Culture, Sports and Tourism, and relevant organizations and individuals shall implement this Circular.

2. The grassroots Culture Department shall monitor, inspect and guide the implementation of this Circular.

3. In the course of implementation, any arising problems should be reported timely to the Minister of Culture, Sports and Tourism (through the grassroots Culture Department) for the conformable research, amendment and supplementation.

Minister of Culture, Sports and Tourism

Hoang Tuan Anh

(The forms enclosed with this Circular are not translated into English herein.)