Regulations on commercial advertising service business according to Vietnamese law

According to current legal regulations, can business households conduct commercial advertising services?

1. Can a business household register for commercial advertising service business?

According to the provisions of Article 104 of the 2005 Commercial Law, the regulations on commercial advertising service business are as follows:

– Commercial advertising service business is a commercial activity of a trader to perform commercial advertising for other traders.

According to The provisions of Article 6 of the 2005 Commercial Law stipulate on traders as follows:

– Traders include legally established economic organizations, individuals who operate commercially independently, regularly and with business registration.

– Traders have the right to operate commercially in industries, in areas, in forms and by methods that are not prohibited by law. prohibited.

– The right of legal commercial activities of traders is protected by the State.

– The State exercises a time-limited State monopoly on commercial activities for some goods and services or in some areas to ensure national interests. The Government specifically regulates the list of goods, services, and areas of State monopoly.

Thus, according to the above regulations, it is not required that organizations providing commercial advertising businesses must be enterprises, but only require organizations providing the above services to be traders. According to the Commercial Law, traders do not necessarily have to be businesses, but only need to be organizations and individuals conducting commercial activities on a regular basis to be called traders. Therefore, business households can register to operate commercial advertising services.

2. What is an advertising service dealer like?

According to the provisions of Clause 6, Article 2 of the Law on Advertising 2012, regulations on advertising service dealers

– is an organization or individual that carries out one, several or all stages of the advertising process under an advertising service provision contract with the advertiser.

3. What are the forms of advertising media?

Pursuant to Article 17 of the Law on Advertising 2012, regulations on advertising media are as follows:

– Newspapers.

– Electronic information pages, electronic devices, terminals and other telecommunications equipment.

– Products printed products, audio and video recordings and other technological equipment.

– Advertising boards, banners, signs, light boxes, advertising screens.

– Means of transportation.

– Fairs, seminars, conferences, event organizations, exhibitions, cultural and sports programs sports.

– Person delivering advertising products; advertising objects.

– Other advertising means as prescribed by law.

4. What are the advertising conditions?

Pursuant to Article 20 of the Advertising Law 2012, the advertising conditions are as follows:

– Advertisements for business activities of goods and services must have a business registration certificate.

– Advertisements for all types of products, goods and services must have supporting documents. Proof of the conformity and conformity of products, goods, and services according to the provisions of law.

– Advertising assets that are required by law to have a certificate of ownership or right to use must have a certificate of ownership or right to use the asset.

– Advertising for special products, goods, and services must ensure the following conditions here:

+ Drug advertising is allowed under the provisions of health law; must have a valid circulation license in Vietnam and instructions for use approved by the Ministry of Health;

+ Cosmetic advertising must have a cosmetic product announcement card in accordance with the law on health;

+ Advertising of chemicals, insecticidal and antibacterial preparations used in the household and medical fields must have a circulation registration certificate issued by the Ministry of Health grant;

+ Advertisements of milk and nutritional products for young children that are not regulated in Clause 4, Article 7 of this Law must have a standard certificate and food hygiene and safety certificate for domestically produced nutritional products; For imported nutritional products, there must be a product quality certificate from the competent authority of the manufacturing country and a circulation permit;

+ Advertising of food and food additives must have a certificate of registration of quality, hygiene and safety for food and food additives on the list of food quality, hygiene and safety that must be registered, or a receipt of dossier announcing standards from a competent state authority for foods and food additives on the list of must have standards announced;

+ Advertising of medical examination and treatment services Patients must have a certificate of eligibility to practice issued by the health sector according to the provisions of law;

+ Advertising of medical equipment must have a circulation license for domestically produced medical equipment or an import license for imported medical equipment;

+ Advertising of pesticides, pesticide ingredients, plant protection supplies must have a drug registration certificate plant protection.

Advertisements of useful organisms used in plant protection must have a plant quarantine permit issued by the Ministry of Agriculture and Rural Development;

+ Advertisements of veterinary drugs and veterinary supplies must have a product circulation permit and a summary of product characteristics;

+ Advertisements of fertilizers and biological products for growing Crops, animal feed, and biological products for livestock must have a product quality certificate or a document self-declaring product quality.

– The Government regulates advertising conditions for other special products, goods, and services when they arise in reality.