CIRCULAR

ELABORATION AND GUIDANCE ON SOME ARTICLES OF LAW ON ADVERTISING AND GOVERNMENT’S DECREE NO. 181/2013/ND-CP DATED NOVEMBER 14, 2013 ON ELABORATION OF LAW ON ADVERTISING

 Circular No. 10/2013/TT-BVHTTDL dated December 06, 2013 of the Minister of Culture, Sports and Tourism on elaboration and guidance on some Articles of Law on Advertising and Government’s Decree No. 181/2013/ND-CP dated November 14, 2013 on elaboration of Law on Advertising, which comes into force from February 01, 2014, is amended by:

Circular No. 13/2023/TT-BVHTTDL dated October 30, 2023 of the Minister of Culture, Sports and Tourism on amendments to regulations on citizen documents in some Circulars issued by the Minister of Culture, Sports and Tourism, which comes into force from January 15, 2024.

Pursuant to the Law on Advertising dated June 21, 2012;

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

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

At the request of Director of the Grassroots Culture Department, the Minister of Culture, Sports and Tourism promulgates Circular on elaboration and guidance on some Articles of Law on Advertising and Government’s Decree No. 181/2013/ND-CP dated November 14, 2013 on elaboration of Law on Advertising 1

...

...

...

1. This Circular elaborates and provides guidance on some Articles of the Law on Advertising and the Government’s Decree No. 181/2013/ND-CP dated November 14, 2013 on elaboration of Law on Advertising on legitimate documents, organization and operation of the Advertisement Appraisal Council and assignment of responsibilities for state management of advertisement.

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

Article 2. Legitimate documents

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

a) Results of market surveys conducted by organizations which are established and operate legally with the 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. The time for use of 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 date on which organizations or individuals are granted certificates or receive market survey results.

3. The name of a legitimate document specified at Clause 1 of this Article shall be presented fully, clearly and exactly on an advertisement product.

Article 3. Requirements for appraisal of advertisement products

...

...

...

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

b) Advertisement products 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 different opinions about contents of advertisement products among state management agencies and organizations and individuals participating in advertisement;

d) Other cases as prescribed by law.

2. The Advertisement Appraisal Council shall not appraise advertisement products which only present logos, symbols, trademarks or brand names of products, goods, or services.

Article 4. Establishment of the 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 dissolved by itself after having the appraisal result.

3. Decision on members of the Advertisement Appraisal Council shall comply with the request of the Grassroots Culture Department and written member appointments of relevant agencies and units.

...

...

...

1. The number of members of an Advertisement Appraisal Council must be odd number and the Council shall have at least 05 (five) members, including: 01 chairperson of council, 01 member as secretary and other members.

2. Members of the Advertisement Appraisal Council, according to contents of the advertisement product to be appraised, 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 central government authorities;

b) Representatives of occupational organizations;

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

3. The Chairperson of the Advertisement Appraisal Council is the 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 chairperson of Council according to principles of concentration, democracy and decision in favor of the majority.

...

...

...

3. There must be at least 3/4 of total members of the Advertisement Appraisal Council who participate in a session of the Council.

4. Appraisal results shall be presented in writing and this statement shall be signed by the chairperson and secretary of the Council.

Article 7. Procedures for appraisal of advertisement products

1. An organization/individual shall submit a request for appraisal of advertisement products to the Grassroots Culture Department in person or by post (Form No.1).

2. After receiving the request for appraisal of advertisement products, the Grassroots Culture Department shall request the Minister of Culture, Sports and Tourism to decide the establishment of a Council, and send summary of contents to be appraised and written invitation of participation in meeting to members of the Advertisement Appraisal Council for at least 02 (two) days before the date of meeting.

3. The Advertisement Appraisal Council shall conduct a meeting about the appraisal according to the following procedures:

a) The Chairperson of Council shall present summarily contents to be appraised;

b) Members of the Council will give comments and assessment; the Council shall make discussion about such comments and assessment to reach agreement;

c) Members of Council shall take votes, the chairperson of the Advertisement Appraisal Council shall make decision in favor of the majority about the conformity of advertisement products with the law on advertising;

...

...

...

dd) The Council shall approve the minutes, the chairperson and secretary of the Advertisement Appraisal Council shall sign the approved minutes.

4. According to the appraisal result, the Director of the Grassroots Culture Department shall issue a document which clearly states that the advertisement product is conformable or non-conformable with the law on advertising and then send it to the organization or individual.

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

Article 8. 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 related to advertisement nationwide;

b) Preside over activities of the Advertisement Appraisal Council at the request of organizations and individuals;

c) Give opinions related to commendation and handling of violations against regulations on advertising.

2. Agencies and units of the Ministry shall, within their tasks and powers, cooperate with the Grassroots Culture Department in assisting the Minister of Culture, Sports and Tourism to conduct state management of advertising.

...

...

...

Article 9. Responsibilities of Departments of Culture, Sports and Tourism of provinces and central-affiliated cities

1. Provincial Departments of Culture, Sports and Tourism shall preside over and cooperate with other local Departments and authorities in formulating advertisement plans and submit them to provincial People’s Committees for approval.

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

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

b) After receiving full dossiers as prescribed in Article 29 of the Law on Advertising, issuing written receipt statements to organizations/individuals (Form No.3) and recording such receipt in books (Form No.4);

c) Within 05 (five) working days, after receiving full and valid dossiers and being recorded in the receipt books, replying in writing to organizations and individuals that give notification of advertisement products.  In case of disagreement about contents in dossiers on notification of advertisement products of these organizations/individuals, the provincial Departments of Culture, Sports and Tourism shall reply and clearly state reasons and contents to be modified.

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

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

a) Documents on state management related to local advertising which have been issued;

...

...

...

 c) Quantity of enterprises registering provision of advertisement services whose head offices are located in their provinces; quantity of enterprises providing advertisement services whose branches or representative offices are located in their provinces;

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

dd) Quantity of dossiers on notification of advertisement products (for each advertising facility);

e) Violations against regulations on advertising and results of handing of such violations in their provinces.

4. Provincial Departments of Culture, Sports and Tourism shall perform other tasks according to regulations of the law.

Article 10. Responsibilities of district-level Divisions of Culture and Information

1. Inspect advertisement activities in their districts.

2. Advise district-level People’s Committees to handle violations against regulations on advertisement as per law provisions.

3. Cooperate with Inspectorates of provincial Departments of Culture, Sports and Tourism in conducting inspection and handling violations against regulations on advertising in their districts.

...

...

...

Article 11. Entry into force

1. This Circular comes into force from February 01, 2014.

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

3. The following forms shall be enclosed with this Circular:  

a) Application for appraisal of advertisement products (Form No.1);

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

c) Written receipt (Form No.3);

d) Receipt book of dossiers on notification of advertisement products (Form No.4);

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

...

...

...

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

h) Application for amendments to license for establishment of representative office of foreign advertisement enterprise (Form No.8);

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

k) Report on provision of advertisement services by advertisement service providers upon execution of advertisement service contracts 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 and units of the Ministry of Culture, Sports and Tourism, Directors of Departments of Culture, Sports and Tourism of provinces and central- affiliated cities, and relevant organizations and individuals shall implement this Circular.

2. The Grassroots Culture Department shall monitor, inspect and provide guidance on the implementation of this Circular.

3. Any difficulties that arise during the implementation should be reported to the Ministry of Culture, Sports and Tourism (the Grassroots Culture Department) via for study and amendments./.

...

...

...

CERTIFIED BY

PP. MINISTER
DEPUTY MINISTER




Trinh Thi Thuy 

1 The Circular No. 13/2023/TT-BVHTTDL dated October 30, 2023 of the Minister of Culture, Sports and Tourism on amendments to regulations on citizen documents in some Circulars issued by the Minister of Culture, Sports and Tourism is promulgated pursuant to:

“The Government’s Decree No. 01/2023/ND-CP dated January 16, 2023 on functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism;

At the request of the Legal Department;

The Minister of Culture, Sports and Tourism promulgates Circular on amendments to regulations on citizen documents in some Circulars issued by the Minister of Culture, Sports and Tourism”.

2 This Form is amended by Clause 1 Article 3 of the Circular No. 13/2023/TT-BVHTTDL dated October 30, 2023 of the Minister of Culture, Sports and Tourism on amendments to regulations on citizen documents in some Circulars issued by the Minister of Culture, Sports and Tourism, which comes into force from January 15, 2024.

...

...

...

4 This Form is amended by Clause 3 Article 3 of the Circular No. 13/2023/TT-BVHTTDL dated October 30, 2023 of the Minister of Culture, Sports and Tourism on amendments to regulations on citizen documents in some Circulars issued by the Minister of Culture, Sports and Tourism, which comes into force from January 15, 2024.

5 This Form is amended by Clause 4 Article 3 of the Circular No. 13/2023/TT-BVHTTDL dated October 30, 2023 of the Minister of Culture, Sports and Tourism on amendments to regulations on citizen documents in some Circulars issued by the Minister of Culture, Sports and Tourism, which comes into force from January 15, 2024.

6 This Form is amended by Clause 5 Article 3 of the Circular No. 13/2023/TT-BVHTTDL dated October 30, 2023 of the Minister of Culture, Sports and Tourism on amendments to regulations on citizen documents in some Circulars issued by the Minister of Culture, Sports and Tourism, which comes into force from January 15, 2024.