Quyết định 39/2009/QD-UBND

DECISION

PROMULGATING REGULATIONS ON ADVERTISING ACTIVITIES IN THE AREA OF HO CHI MINH CITY

THE PEOPLE’S COMMITEE OF HO CHI MINH CITY

Pursuant to the Law on Organization of the People’s Councils and the People’s Committees dated November 26, 2003;

Pursuant to the Ordinance on Advertisement dated November 16, 2001;

Pursuant to the Government’s Decree No. 24/2003/ND-CP dated March 13, 2003, detailing the implementation of the Ordinance on Advertisement;

Pursuant to the Joint Circular No. 06/2007/TTLT-BVHTT-BYT-BNN-BXD dated February 28, 2007 of the Ministry of Culture – Information, Ministry of Health, Ministry of Agriculture and Rural Development, Ministry of Construction guiding the inter-agency one-stop procedures for the grant of permit for conducting advertisements;

Pursuant to the Joint Circular No. 85/2008/TTLT-BVHTTDL-BTTTT dated December 18, 2008 of the Ministry of Culture, Sports and Tourism and the Ministry of Information and Communications guiding on the licensing, registration and placement of advertisements on the press online communication networks and publications, and the inspection, examination and handling of violations.

At the proposal of Director of the Justice Department at the Official Letter No.1256/STP-VB dated May 08, 2009; the proposal of the Director of the Department of Culture, Sports and Tourism at the Statement No.1838/TTr-SVHTTDL dated May 14, 2009,

DECIDES:

Article 1. To promulgate together with this Decision the Regulation on advertising activities in the area of Ho Chi Minh City.

Article 2. This Decision takes effect after 10 days, since the date of signing and replaces Decision No. 108/2002/QD-UB dated September 25, 2002 of the People’s Committee of Ho Chi Minh City promulgating the Regulation on advertising activities in the area of Ho Chi Minh City.

Article 3. Head of the HCM City People’s Committee Office, Director of the Department of Culture, Sports and Tourism, Heads of department - branches of the city, Chairpersons of the People’s Committees of districts - wards and organizations, individuals having advertising activities in the area of Ho Chi Minh City shall implement this Decision./.

REGULATION

ON ADVERTISING ACTIVITIES IN THE AREA OF HO CHI MINH CITY
(Promulgated together with Decision No.39 /2009/QD-UBND dated June 05, 2009 of the People’s Committee of the city)

Chapter I

GENERAL PROVISIONS

Article 1. Scope and subjects of application

1. This Regulation promulgates on advertising activities in the area of Ho Chi Minh City.

2. This Regulation applies to state agencies performing the state management tasks of advertising; domestic organizations and individuals; and foreign organizations and individuals (collectively referred to as organizations, individuals) that are related to advertising activities in the area of Ho Chi Minh city.

3. Advertisements on the advertising media such as umbrellas, strollers, casks, awnings, wire flags, clothing, hats, bags, gifts or packaging which are not required to have licenses but must comply with legal provisions on advertising and other relevant legal provisions.

Article 2. Advertising forms and means

1. Outdoor advertising includes: panels, light boxes, banners, head lights, bus stops and shelters, telephone stations, gymnasium, sports stadiums, electronic boards and other forms of fixed and mobile outdoor advertising.

2. Advertising on objects in the air, on land, under water, salespeople introducing products, trademarks; arts and culture performance programs, festivals, sports competitions; promotional programs for economic-social events.

3. Advertisements on the press including printed press, audio press, visual press and electronic press, computer information network; publications including movies, photos, video tapes, video discs, audio tapes, and audio discs.

4. Advertisements on goods.

5. Advertisements on other advertising media as prescribed by legal provisions.

Article 3. General principles of advertising activities

1. The licensing for advertising must base on the basis of the city’s advertising planning which was approved by the People's Committee.

2. Advertising activities will only be done after having permits of the Department of Culture, Sports and Tourism of Ho Chi Minh City.

In cases of advertising on newspapers, computer information networks or publications, it shall comply with the provisions of Joint Circular No. 85/2008/TTLT-BVHTTDL-BTTTT dated December 18, 2008 of the Ministry of Culture, Sports and Tourism and the Ministry of information and Communication guiding on licensing, registration, advertisements on the press, computer communication networks, publications and inspection, examination and handling of violations.

3. Organizations, individuals providing advertising services in other provinces, cities or under the Central management wishing to do advertising activities in the area of Ho Chi Minh city must have a Certificate of registration of a branch operating in Ho Chi Minh city issued by the Department of Planning and Investment of Ho Chi Minh city.

4. Organizations and individuals conducting advertisements must take responsibility before the law for all incidents caused by their unsafe advertising media.

Article 4. Strictly prohibited acts in advertising activities

1. Advertisements disclose the State secrets, prejudicial to national independence, national sovereignty, national defense, security, social security and international relations.

2. Advertisements are contrary to traditional history, culture, ethics, customs culture and fine traditions of the Vietnamese people.

3. Using the national flag, Party flag, national emblem, national anthem lyrics or melody thereof; images of leaders, leaders of the Party and Vietnam State; images of Vietnamese currency or traffic signals; titles of Party agencies or government (Party Executive Committee, people's Council, people's Committee ...) to do advertisements.

4. Advertisements are deceitful, dishonest or improper with quality goods and services; incorrect addresses of the production, business and service establishments.

5. Advertisements adversely affect the urban landscape, landscape, environment and traffic safety and order such as: Advertisements restrict the vision of persons joining in traffic; using types of transport means to carry persons, product models, signs, boards for parade on street; taking pictures illustrated advertising products, mannequins displaying pants, underwear, sanitary napkins or diapers at public places or frontages of production or trading places.

6. Taking advantage of advertisements to defame, repute or infringe the rights or legitimate interests of organizations or individuals.

7. Advertising products, goods which are not permitted for circulation yet, services are not permitted for performance yet at the time of advertising.

8. Printing or binding together in the front cover of a printed press; playing immediately after the musical theme or symbol image of radio and television stations.

9. Advertising for newspapers, work or art programs which are not allowed to issue or perform to the public yet.

10. Advertising products which are not suitable for learning or teaching on textbooks, exercise books and student notebooks.

11. Classified advertisements are in the form of printing, painting, drawing, hanging or sticking directly on the walls, fences, trees, power poles or lighting poles.

12. Using sound which causes noisy in excess of the permitted standard of Vietnam.

13. Disseminating types of leaflets, flyers on the streets or public places which are not places for selling, displaying and introducing products or at planned locations.

14. Advertising on banners, posters for political, economic or cultural-social events without approval of the People's Committee of the city.

15. Hanging banners, posters for conference programs, workshops, opening, starting, press conference, inauguration, giving awards, commemorating the establishment days, introduction of services or products, etc, at locations other than locations permitted for doing business or organization.

16. Advertising goods or services prohibited to trade or advertise by law.

Chapter II

A NUMBER OF SPECIFIC PROVISIONS

Article 5. Locations, places and areas prohibited from advertising

1. Places of the monuments, memorials; dedicated places of political campaigns; places of listing documents of the State; headquarters of state agencies, political organizations, social organizations, diplomatic missions; museums, historical sites, memorial places, communal houses in villages, temples, pagodas, churches, military zones, cemeteries and road surface.

2. Commercial advertising boards placed at schools, hospitals.

3. Outdoor advertising with posters and other forms of advertising placed on or covered roofs of markets, roofs of houses, roofs of the high-rise buildings and other structures; at roundabouts, intersections, bridge ends; placed in front or above for covering previously-existing advertisements.

4. Advertising media to spin or hang across traffic roads, traffic safety corridors, the intersections which are not contoured; over separators obscure the vision of traffic participants; at obscure spot warning signs, traffic signal lights, on the embankment; within the power grid safety, safety for fire prevention and fighting, order, social security and others.

5. Advertising on the external surface of traffic means, means of transport.

Article 6. Conditions, sizes of advertising media

1. For advertising boards:

a) Advertising boards placed on highways: distance of each board is 500m or more, placed on bare ground, 20m away from surrounding houses, expressed in the form of 1 or 2 round cylinder feet. The maximum height of each board does not exceed 20m including cylinder foot, the maximum height of the board surface is 6 m, and the width is 16m maximally.

b) The advertising board has an area of more than 40m² must have written consent of the Department of Construction.

c) Advertising boards on walls of buildings must be approved the City People's Committee in terms of positions.

2. For cylindrical light boxes placed on the pavement:

a) The cylindrical light boxes placed at routes with width of 25m or more, the sidewalk is over 5 meter wide, each cylinder stand 200 m apart or more. Outer edge of the light box is placed at a maximum of 0.5 m from the edge of the roadside; the cylindrical light box is placed at a minimum of 20m far from intersections.

b) Size of the cylindrical light boxes: maximum height from the base to the top of the cylinder is 5m (including light boxes), the horizontal light box is 2.5 m x 1.2 m, the vertical light box is 1.8 m x 1.2 m. The underside of the light box is at least 3m apart from the ground.

3. Size of light boxes, advertising billboards hanging at stores are defined as follows:

a) Houses with the facade width of 4m or less: the area of boards, light boxes, advertising billboards shall not exceed 5m².

b) Houses with the facade width of 4m to 8m: the area of boards, light boxes, advertising billboards shall not exceed 10m².

c) Houses with the facade width of 8m or more: the area of boards, light boxes, advertising billboards shall not exceed 20 m²; the maximum height is 2.5m.

d) For vertical light boxes: The maximum width is 1m, the maximum height is 6m; not violate construction boundary.

4. For electronic displays, televisions:

a) The light must not affect the traffic participants and required to have appraisal of the Department of Science and Technology.

b) It is not permitted to broadcast from 0:00 to 06:00 am.

c) Electronic displays, outdoor televisions must be approved by the city People's Committee in terms of the planning for sites; not permitted to have sound, only images and word illustration (Vietnamese words are first and bigger than foreign words); spending 20% of the amount of time to broadcast propaganda information, political, economic or cultural - social propaganda provided by the Department of Culture, Sports and Tourism.

d) Particularly in markets, supermarkets, commercial centers, buildings, vehicles permitted to place television inside for advertising must comply with the regulations on advertising activity.

5. For banners serving events (approved in principle by the City People's Committee):

a) Size: of a horizontal banner is 1m x 8m maximally, hanging 4 m above the ground. A vertical banner is 0.8m x 2.4m maximally, hanging 4 m above the roadside surface.

b) Do not hang them on trees and power poles. Hanging on the lighting poles must have written consent with the management unit.

6. Signs placed at places of production, business and services without obtaining permission but must express the content in accordance with Regulation on cultural activities and trading in public culture service issued together with Decree No. 11/2006/ND-CP dated January 18, 2006 of the Government; ensure safety, urban beauty, the size does not exceed 1.2 m in height, the maximum width does not exceed the length of the façade. Each location of production, business or service shall just hang or stick a signboard.

Article 7. Duration of advertisement

1. For advertisement on billboards, posters and panels, the duration for advertising is not more than 03 (three) years; upon expiry, extension must be licensed by Department of Culture, Sports and Tourism.

In case of change of position or size or the advertised products, it must be licensed by the Department of Culture, Sports and Tourism.

2. For advertisements on banners, fluorescent materials, objects in the air, under water, or other moving objects regarding an activity with a definite duration, it is permitted to advertise for whole duration performing such activity, and before such duration for not more than 05 (five) working days and after such duration for not more than 02 (two) working days.

In case of advertisements for an activity which is expected to last for an indefinite duration, the time limit for an advertisement drive shall not exceed 15 (fifteen) working days. The interval between two advertising drives shall be at least 08 (eight) working days

Chapter III

COMPETENCY OF, AND PROCEDURES FOR, GRANTING ADVERTISEMENT PERMITS

Article 8. Competency in granting permits for making advertisements

Department of Culture, Sports and Tourism shall issue permits for advertising on billboards, posters, banners, screens installed in public places, fluorescent materials, and objects in the air, underwater objects and other mobile objects.

Article 9. A dossier of application for advertisement

1. Application for permits for making advertisements (as set form).

2. A copy of the business registration certificate of organizations, individuals applying for permits for advertising.

3. A copy of the certificate of goods quality standard, the certificate of trademark, product, name and logo registration (only submit once).

4. Sample (maquette) of the advertising product printed with color pink, with signature of individual applying for advertising or stamped with seal for confirmation if the applicant is an organization (02 copies).

5. A copy of advertising service contract (in case of hiring individuals, organizations providing advertising service).

6. A copy of the advertising media lease contract (in case of renting advertising media).

7. For advertising products, goods and services related to the fields of health, agriculture and rural development, construction, dossiers of application for making advertisements shall comply with provisions in Clause 1, Section 2 of the Joint Circular No. 06/2007/TTLT/BVHTT-BYT-BNN-BXD dated February 28, 2007.

Article 10. Dossiers for extension, change of content of the advertising permits

1. In case of extension of the licensed advertisement content, it is required to submit the original of old permits and dossiers specified in clauses 1, 4, 6, 7 Article 9 of this Regulation.

2. In case of changing advertisement contents, it is required to submit the original of old permits and dossier specified in clauses 1, 3, 4, 6 of Article 9 of this Regulation.

Article 11. Orders and time for settling dossiers

1. Organizations or individuals applying for permits to make advertisements are required to submit dossiers directly at the Department of Culture, Sports and Tourism. After receiving completely documents specified in Article 9 of this Regulation, Department of Culture, Sports and Tourism shall issue Receipts of dossiers to organizations or individuals and record in the receipt book.

2. Time for settlement of licensing at the Department of Culture, Sports and Tourism shall not be more than 10 working days, from the date of receiving a valid dossier for long-term advertisement types, not more than 5 days for short-term advertisement.

In case of getting official opinion of the Department of Construction, the Department of Health, the Department of Agriculture and Rural Development, the Department of Science and Technology, the license duration shall comply with the provisions of Clause 3, Section 2 of the Joint Circular No. 06/2007/TTLT/BVHTT-BYT-BNN-BXD dated February 28, 2007.

3. If refusing to issue licenses, it is required to answer in writing and states clearly reasons of refusals to organizations or individuals submitted dossiers.

Article 12. Fees for grant of permits for making advertisements

1. Organizations or individuals applying for advertisement permits must pay fees directly at the Department of Culture, Sports and Tourism as follows:

a) Fee for granting advertisement permit as defined in the Circular No. 67/2004/TT-BTC dated July 07, 2004 of the Ministry of Finance, stipulating the collection, payment, management and use of fees for granting advertisement permit and Circular No. 64/2008/TT-BTC dated July 18, 2008, of the Ministry of Finance, amending and supplementing Circular No. 67/2004/TT-BTC.

b) Fee for appraisal and issuance of receipt of dossiers of advertisement registration for goods and services in the health sector as stipulated in Decision No. 44/2005/QD-BTC dated July 12, 2005 of the Minister of Finance stipulating the regime of collection, submission, management and use of charges for appraising standards and conditions for medical and pharmaceutical practice, and fees for granting import/export permits and certificates of medical and pharmaceutical practice, and Decision No. 80/2005/QD-BTC dated November 17, 2005, of the Minister of Finance stipulating the collection, management and use of charges and fees in management over food quality, safety and hygiene;

c) Fees for appraisal and issuance of the receipt of advertisement registration dossiers for goods and services in the field of agriculture and rural development; fees for appraising construction works shall comply with legal provisions on fees and charges.

2. Department of Culture, Sports and Tourism shall be responsible for organizing the collection, remittance, management and use of fees for granting permits for making advertisements or transferring to relevant Department as prescribed.

Chapter IV

RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES IN ADVERTISING ACTIVITIES

Article 13. Responsibilities of the Department of Culture, Sports and Tourism

1. To chair and coordinate with the Department of Construction, the Department of Health, the Department of Agriculture and Rural Development, Department of Science and Technology in granting permits for making advertisements to organizations and individuals; collect fees and charges in accordance with the provisions of Article 12 of this Regulation and transfer to relevant Department; act as the focal agency to receive complaints, denunciations of organizations and individuals during granting permits for making advertisements;

2. To chair and coordinate with the Department of Planning - Architecture, relevant Departments - branches and People's Committees of districts in advising and proposing the City People's Committee to approve plans on outdoor advertising in the city according to direction: Keeping the status quo of advertising boards granted with construction licenses or construction agreements of functional agencies; limiting additional development of advertising boards put up on the ground in urban districts as follows: 1, 3, 4, 5, 6, 7, 10, 11, Binh Thanh, Tan Binh and Phu Nhuan.

3. To chair and coordinate with the Department of Finance, the Department of Natural Resources and Environment and the Tax Department of the city to set up plans and submit to the city People's Council, People's Committee for approval of the collection of charge for using space in advertising business in the city.

4. To copy and send permits for making advertisements immediately after licensing to the People's Committees of districts - districts and relevant units for coordinating in inspection.

Article 14. Responsibilities of relevant Department - branches

1. Department of Information and Communications shall be responsible for coordination with the Department of Culture, Sports and Tourism and related Department - branches to help the city People's Committee to perform the state management, inspection and examination of the compliance with legal provisions on advertising on the press, computer communication networks and publications in the city under the provisions of the Joint Circular No. 85/2008/TTLT-BVHTTDL-BTTTT dated December 18, 2008 of the Ministry of Culture, Sports and Tourism - Ministry of information and Communication, 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.

2. The Department of Construction shall be responsible for coordinating with the Department of Culture, Sports and Tourism in receiving dossiers and having written agreements on time as stipulated in Circular No. 06/2007/TTLT/BVHTT-BYT-BNN-BXD dated February 28, 2007; settling complaints, denunciations of organizations, individuals in agreements on the construction of advertisement works and answering organizations, individuals as prescribed by law on complaints and denunciations.

3. Department of Health shall be responsible for coordination with the Department of Culture, Sports and Tourism in receiving dossiers, evaluation and issuance of the receipts of advertisement registration dossiers within the time limits prescribed in Circular No. 06/2007/TTLT/BVHTT-BYT-BNN-BXD dated February 28, 2007; settling complaints and denunciations of organizations and individuals in receiving advertisement dossiers for goods and services in the its competence and respond to organizations and individuals in accordance with the provisions of law on complaints and denunciations.

4. Department of Agriculture and Rural Development shall be responsible for coordination with the Department of Culture, Sports and Tourism in receiving dossiers, and issuance of the receipts of advertisement registration dossiers within the time limits prescribed in Circular No. 06/2007/TTLT/BVHTT-BYT-BNN-BXD dated February 28, 2007; settling complaints and denunciations of organizations and individuals in receiving dossiers for advertising goods and services in domain of agriculture and rural development and respond to organizations and individuals in accordance with the provisions of law on complaints and denunciations.

Article 15. Responsibilities of the People’s Committees of districts

1. To perform functions of state management over advertising activities in the locality.

2. To propose advertising planning; tracking, management on construction of advertising projects.

3. To perform regular inspection, examination, supervision over advertising activities in the locality.

Article 16. Inspection, examination and handling of violations

1. Specialized Inspectors of the Department of Culture, Sports and Tourism, Department of Information and Communications, functional Departments - branches and People's Committees of districts, wards, communes and towns shall be responsible for inspection and examination of the implementation of legal provisions on advertising and other legal provisions pertaining to advertising activities; handling of administrative violations according to their competence.

2. Organizations and individuals operating in advertisement, having violations of the legal provisions and this Regulation, depending on the nature and seriousness of their violations, shall be administratively sanctioned, compensation or prosecution as prescribed by legal provisions.

3. Those who abuse their positions and powers to violate the provisions of the issuance and revocation of permits for making advertisement, obstruct lawful advertisement activities of organizations and individuals; harass or have violations of legal provisions on advertising, depending on the nature and seriousness of their violations, shall be disciplined, administratively sanctioned or examined for penal liability, if causing damage, they must pay compensation as prescribed by law.

Chapter V

IMPLEMENTATION PROVISIONS

Article 17. Transitional handling

Permits of making advertisements which have been issued before the effective date of this Regulation shall be still used until the expiry of the permits.

Article 18. During the implementation of this Regulation, if any problems arise, People's Committees of districts, relevant Department or branches or individuals, organizations should timely report and send proposals to the Department of Culture, Sports and Tourism for summing up and submitting to the city People's Committee for consideration, amendment and supplementation accordingly. /.