Decision No. 4149/QD-BVHTTDL dated November 03, 2017 promulgating the code of professional conduct in advertising

DECISION

PROMULGATING THE CODE OF PROFESSIONAL CONDUCT IN ADVERTISING

MINISTER OF CULTURE, SPORTS AND TOURISM

Pursuant to the Government’s Decree No. 79/2017/ND-CP dated July 17, 2017 on defining functions, tasks, power and organizational structure of the Minister of Culture, Sports and Tourism;

Pursuant to the Directive No. 17/CT-TTg dated May 09, 2017 of the Prime Minister on strengthening effectiveness and efficiency of state management and adjusting advertising activities;

At the request of the Director General of grassroots culture,

HEREBY DECIDES:

Article 1. Enclosed with this Decision is the code of professional conduct in advertising.

Article 2. This Decision comes into effect from the date of signing.

Article 3. Chief of the Ministry Office, Director Generals of Department of Planning and Department of Finance, Director General of Agency of Grassroots Culture, and related organizations and individuals shall implement this Decision./.

CODE

OF PROFESSIONAL CONDUCT IN ADVERTISING
(Enclosed with the Decision No. 4149/QD-BVHTTDL dated November 03, 2017 of the Minister of Culture, Sports and Tourism)

Chapter I

GENERAL CODE

Article 1. Purpose

Code of professional conduct in advertising is promulgated for the following purposes:

1. Strengthen initiation, self-compliance with the law during the performance of advertising activities; strengthen self-responsibility in advertising of organizations and individuals.

2. Ensure a harmonious combination between economic development and improvement in ethical and cultural values of Vietnam; balance the interests of enterprises participating in the advertising activities which focus on common social interests and interests of consumers.

3. Guide the advertising activities of Vietnam to be in compliance with international standards and contribute in promoting an effective integration and development process.

4. Provide equipment to support the implementation of the Law on advertising and documented guidelines, encourage the roles of all organizations and individuals in developing advertising activities in the territory of Vietnam.

Article 2. Scope and regulated entities

This Code is applicable to organizations and individuals participating in advertising activities in the territory of Vietnam, including:

1. Advertisers.

2. Advertising service providers.

3. Advertisement publishers.

4. Advertisement conveyors.

Article 3. Advertising code

1. Advertising activities must ensure legality, integrity and authenticity, to be specific:

a. Legality: Products, goods and services which are prohibited from advertising shall not be advertised; violations against the advertising regulations shall not be committed.

b. Integrity: Advertisements shall not abuse the trust of consumers or take advantage of the lack of knowledge and experience of these consumers. Any contents that affect the decisions of the consumers shall carry objective messages, in order to enable consumers to consider their decisions.

c. Authenticity: all descriptions, declaration and comparison which are related to the actual conditions of the advertised products shall be objectively determined. And the proofs for these descriptions, declaration and comparison shall be provided as requested by the competent authorities.

2. Advertising activities shall demonstrate social responsibilities and be in accordance with Vietnamese morality and culture, to be specific:

a. An advertisement shall respect human dignity and shall not encourage, stir, support or tolerate any forms of discrimination, including those against race, national origin, religion, gender, age, disability and sexual orientation;

b. An advertisement shall not carry any contents that ridicule and make fun of people's fear or take pleasure in their misfortune and pain.

c. An advertisement shall not suggest or encourage the use of force to resolve conflicts or address differences in the society;

d. An advertisement shall not carry any contents that encourage, stir, support or tolerate violence, illegality or actions against the State and the society;

dd. An advertisement shall not carry offensive, erotic, inappropriate and dissolute contents that offend Vietnamese ethical and cultural values;

e. An advertisement shall not carry any contents that reduce the criticism of the audience about the criminal and violent actions or any other violations;

g. An advertisement shall not use any contents that encourage, support or tolerate violations that cause harm to the environment and the community.

Article 4. Application forms

1. Organizations and individuals carrying out advertising activities in Vietnam shall voluntarily comply with this Code of Professional Conduct and the guidelines of Vietnam Advertising Association.

2. Once the violations against this Code are detected, organizations and individuals have the right to request the Advertisement Appraisal Council to draw the conclusions, if:

a. An advertisement is inartistic and contrary to the history, culture, ethics and traditional customs of Vietnam;

b. An advertisement affects the urban scenery and traffic and social safety;

c. An advertisement degrades the respectability of the National Flag, National Emblem, National anthem, Party’s Flag, national heroes, cultural celebrities, and leaders of the State and the Party;

d. An advertisement expresses radical discrimination, sexual discrimination, prejudice against disabled people, or violate the freedom of belief and religion;

dd. An advertisement offends the prestige, honor and dignity of other organizations and individuals;

e. Advertising incorrectly or causing confusion about the business competence, the ability to provide products, goods and services of organizations and individuals trading and providing such products, goods and services; about the quantity, quality, prices, features, designs, package, brand name, kinds, method of service, warranty duration of the registered or announced products, goods and services;

g. An advertisement makes children think, speak and act against the traditional customs and ethics; negatively affect children’s health, safety or natural development.

Article 5. Developing the Code of professional conduct in advertising in different sectors

Based on the general principles specified in this Code, the Vietnam Advertising Association shall develop and issue the Code of advertising conduct in production and trading of products, goods and services in the territory of Vietnam, as well as providing guidelines for the implementation of such Code.

Chapter II

PROFESSIONAL CONDUCT IN ADVERTISING

Article 6. Respecting the country and the law

1. An advertisement shall not make any negative impacts or disadvantages to the image of the country, the citizens and the state.

2. An advertisement shall not carry any messages that ridicule or discredit the Party, the state, the law and the implementation of Vietnamese law.

Article 7. Respecting the symbol of the nation and the country

1. The national emblem, national anthem, party flag and national flag shall only be used in cases where the carried contents aim to respect, honor and show the spirit of patriotism or national heritages and tradition of Vietnam.

2. Advertisement contents related to historical and national events and national heroes must be authentic and solemn.

3. If the symbol and image of another country is used for the advertisement, they must show respect to such country and shall not cause negative impacts to Vietnam’s foreign relations.

Article 8. Respecting the habits, customs and culture of Vietnam

An advertisement must show respect to the cultural and historical traditions, beliefs, customs and habits of Vietnam. 

Article 9. Respecting the interests of the public and consumers

1. An advertisement shall not carry any contents that cause misunderstanding to the consumers about:

a. The characteristics of products that may affect the selection of consumers, including the nature, ingredients, production method, date of production, scope of use, effectiveness, output, quantity, commercial origin or geographical features that may affect the environment;

b. Product values;

c. Total cost of product which the consumers must pay;

d. Terms of product delivery, exchange, return, repair and maintenance;

dd. Terms of warranty;

e. Copyrights and industrial property rights, such as patents, brands, designs and commercial names; 

g. Compliance with standards and regulations;

h. Official recognition or approval and awards, such as medals, titles and certificates;

i. Contributions to philanthropic purposes.

2. The advertisement about an enterprise shall not carry any exaggerate contents that may lead to misunderstanding by the public about such enterprise.

3. An advertisement shall not cause fear or extreme fear to the citizens and consumers.

4. An advertisement shall not take advantage of the trust of public and consumers which is related to beliefs, superstition and anti-scientific information, such as supernatural powers, future forecast, astrology, fortune telling, telepathy, hypnosis, faith-healing or unnatural subjects.

5. An advertisement of a product or service shall not describe the act of drinking alcoholic beverages or smoking cigarettes and using products banned from advertising. 

Article 10. Children protection

1. An advertisement aims at children shall not carry the following contents:

a. Carry contents that may damage the physical and mental health or create moral issues;

b. Take advantage of the innocence and gullibility of children, in order to make them buy the products or services or make them force their parents to buy such products or services;

c. Make children lose confidence in their current appearance, personality and potential; encourage children to speak or express themselves in a way that may cause harm to their language and personality development;

d. Carry contents that are impolite or describe weakness of character, mental and physical cruelty, violent behaviors or any behaviors that must be criticized. These messages can make children think and perform such actions and behaviors as if they are accepted by the society.

dd. Describe violent behaviors or provoke violence. This kind of message can make children think that violence is a method for resolving conflicts.

2. Children’s image shall not be used in an advertisement related to betting, gambling or games of chance.

3. Labels, logos or brand names of alcoholic beverages and cigarettes shall not be printed on children’s clothes, belongings, toys and other children’s products.

4. An advertisement shall not carry any contents that encourage children to use goods and services without supervision from the adults, unless it is an advertisement of clothing, belongings and toys which are designed and produced for children.

Article 11. Using comparison methods

1. An advertisement shall not carry any contents that ridicule, criticize, attack or damage the prestige and quality of products, goods and services of other enterprises, organizations and individuals.

2. An advertisement for products, goods and services with immediate effects or which can be felt and seen with naked eyes as being effective after comparing the conditions before and after use of such products, goods and service, shall reflect the changes in an honest and practical way and shall not exaggerate or cause misunderstanding, but provide specific proofs of the time between these two situations.

3. An advertisement, which includes the comparison of the state of product before and after the application of inventions and innovations, whether it is about the package or product quality, must provides specific scientific evidences; these evidences must be submitted as required by the Advertisement Appraisal Council.

Article 12. Using catchy slogans

1. An advertisement may use “new” or similar slogans which may only be used within a year from the moment the products, goods and services are marketed. However, this period of time is exclusive of the time these products, goods and services are tested.

2. The word “free" or the phrase "free offer" and similar words or phrases shall only be used in an advertisement if:

a. The gift does not impose any obligations;  

b. If the gift is only given after the purchase of another product, the cost of this product shall not be multiplied after including the whole or a partial cost of this gift.

3. The phrase “Guarantee & Warranty":

An advertisement that uses the word “guarantee” or "warranty” for products, goods and services shall clearly show the value, scope and period of guarantee or warranty, or provide notes of reference documents related to such value, scope and period.