* This translated version is originated from Ministry of Justice and for reference only.
THE STANDING COMMITTEE OF NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Ha Noi, day 16 month 11 year 2001
ORDINANCE ON ADVERTISEMENT
(No. 39/2001/PL-UBTVQH10 of November 16, 2001)
In order to raise the effectiveness of the State management over advertisement, to protect the legitimate rights and interests of consumers, organizations and individuals in advertising activities, contributing to boosting the socio-economic development;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
Pursuant to the Xth National Assembly's resolution of its 8th session on the 2001 law- and ordinance-making program;
This Ordinance prescribes the advertisement.
Article 1.- Scope of regulation and objects of application
1. This Ordinance prescribes the advertising activities, the rights and obligations of organizations and individuals involved in advertising activities.
2. This Ordinance applies to Vietnamese and foreign organizations and individuals that conduct advertising activities on the Vietnamese territory. Where an international agreement which the Socialist Republic of Vietnam has signed or acceded to otherwise provides for, such international agreement shall apply.
Article 2.- Organizations and individuals right to advertisement
Organizations and individuals may directly advertise their business activities, goods and/or services or hire advertising service-providing organizations and/or individuals to make advertisement for them.
Article 3.- The State's policies on advertising activities
1. The State protects the legitimate rights and interests of advertisers, advertising service dealers, advertisement issuers and consumers.
2. The State creates conditions for the advertising service dealers and the advertisement issuers to diversify forms of advertisement, raise the quality of advertisement, contribute to the socio-economic development.
3. The State encourages overseas Vietnamese, foreign organizations and individuals to cooperate and invest in developing the advertising services in Vietnam.
Article 4.- Interpretation of terms and expressions
In this Ordinance, the following terms and expressions are understood as follows:
1. Advertisement means introducing to consumers the business activities, goods, services including profit-making services and non-profit services.
Profit-making services are those aiming to generate profits for service-providing organizations or individuals.
Non- profit services are those which do not aim to generate profits for service-providing organizations or individuals.
2. Advertisers mean organizations and individuals that have the demand to advertise their own business activities, goods and/or services.
3. Advertising products are those which demonstrate the advertising contents and the advertising forms.
4. Advertisement issuers mean organizations and individuals that bring advertising products to consumers, including press agencies, publishing houses, computer information network- managing organizations, organizers of cultural or sport programs, fairs or exhibitions and organizations as well as individuals using other advertising means.
5. Advertisement promotion means activities of seeking and promoting opportunities to sign advertising service contracts and advertising service provision.
6. Advertising service dealers mean organizations and individuals that perform one, several or all steps of the advertising process for the profit-making purpose.
Article 5.- Acts banned in advertising activities
The following acts are strictly prohibited:
1. Making advertisements that disclose State secrets, cause harms to national independence, sovereignty, defense, security and social safety;
2. Making advertisements contrary to the historical tradition, culture, morality, fine customs and practices of the Vietnamese nation;
3. Using the national flag, the Party's flag, the national emblem, the national anthem or melody thereof, leaders pictures, images of Vietnamese currency or traffic signal images for advertisement;
4. Making false advertisements;
5. Making advertisements which badly affect the urban beauty, landscape, environment as well as traffic order and safety;
6. Taking advantage of advertisement to hurt the honor, prestige or infringe upon the legitimate rights and interests of organizations and/or individuals;
7. Advertising products and/or goods which are not yet permitted for circulation and/or services which are not yet permitted for provision by the time of advertisement;
8. Advertising goods and/or services, which are banned by law from business or from advertisement.