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Vietnam Advertising Regulations

Excerpts from Government Decree 194/CP, dated December 31, 1994:

Article 5.
1. Advertising content means such information which the advertiser desires to provide for the purpose of making a widespread introduction or announcement among the population. Advertising content must be precise and truthful, reflecting truthfully any functions, effects or quality of any goods, services and needs of production, business or service units, and must be recognized by competent State authorities.
2. Advertising content has to be clear, understandable and shall not lead to any misunderstanding or confusion, and shall be in conformity with the culture and lifestyle of Vietnam as a whole and of each particular region.
3. Speech and writing in advertisements shall be in the Vietnamese language, except in the following cases:
a. Books, newspapers and other publications which are permitted to be published in foreign languages.
b. Broadcasting and television programs which are realized in foreign languages.
c. Trade marks which are abbreviated and written in foreign languages, international transaction names, of production, business and service units which are approved by the relevant competent State authorities, and such words or wordings which have been internationalized or which have no equivalent words or wordings in the Vietnamese language.
d. Where both the Vietnamese language and foreign language(s) are used: The Vietnamese writing shall be used first, and placed above any other writing, and shall be in letters of bigger size. The reading shall be made first in the Vietnamese language, then in other languages.

Excerpts from Circular No 37-VHTT-TT, dated 01 July, 1995, issued by the Ministry of Culture and Information:

Article 4. Business units and companies which are permitted to do trade in various businesses, products or items under a common trade mark (or company name) shall specify the business, product or item they wish to advertise. For example, it is required to indicate Dunhill jewelry, Lotaba drinks or Marlboro dresses instead of just referring to the names of Dunhill, Lotaba or Marlboro.

Article 10. Procedures for applying for certificate of permissible status for conducting advertising services.

The applicant shall submit to the Ministry of Culture and Information or municipal/provincial Department of Culture and Information (which authority is set out in Article 12 of this Circular) an application file, which shall comprise: 1. Application for conducting advertising services.
2. Certification of the applicant's legal capital, issued by a relevant competent agency.
3. Proposed place for transactional office, certified by the competent agency conducting the management over such place.
4. Notarized copy of diploma and professional certificates of key personnel conducting advertising activities.
5. List of equipment, tools, means and tech-material basis for conducting advertising activities.
6. In the case of enterprises having obtained a business license, notarized copy of decision of establishment and certificate of registration of business activities.

Article 12. Authority to issue certificates of permissible status for conducting advertising services and advertisement licenses.

1. The Ministry of Culture and Information shall have the authority to :
a. Issue certificates of permissible status for conducting advertising services to : State enterprises under the management of the ministries and branch authorities at central level. Enterprises of one locality, which are expanding their activities to other localities.
b. Issue advertisement licenses for : Hoardings and boards advertising any foreign products, goods and trademarks imported into Vietnam or those produced in Vietnam under a foreign trademark, which have an area of 100 square meters each. (An advertising hoarding or board having 2 or more sides sharing the same advertising contents shall be regarded as one-side advertising hoarding or board). Advertisement to be made in cinematographic films or video tapes. Advertisement to be made on publication. Additional pages, supplementary issues, and advertisement channels.
2. The department of culture and information in cities and provinces, being responsible to the people's committees of their localities, shall :
a. Issue certificates of permissible status for conducting advertising services to : State enterprises under the management of the people's committees of cities and provinces directly managed by the central government, in which case the authorization is required to be given by the Ministry of Culture and Information . Private enterprises, joint stock companies, limited liability companies, and business households with capital under the level of legal capital stipulated by the State for their kind of business, which are under the management of the local authorities .
b. Issue advertisement licenses for such goods, products and trademarks and other types of advertisement, which are not within the licensing authority of the Ministry of Culture and Information.


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