Sequence, Procedures for Applying for Advertising License

Legal Framework

Advertising Law 2012, amended and supplemented in 2018. Decree 181/2013/NĐ-CP detailing the implementation of some provisions of the Advertising Law.

Advertising is a method used by businesses to promote and convey information about their goods and services through various means for profit. According to Vietnamese law, advertising is the use of means to introduce to the public products, goods, and services for profit purposes; products, goods, and services without profit purposes; organizations, individuals doing business in products, goods, and services introduced, except for current affairs information; social policies; personal information.

Conditions for Advertising:

Advertising for business activities of goods and services must have a business registration certificate.
Advertising for products, goods, and services must have documents proving the compliance and conformity of the products, goods, and services according to the law.
Advertising for property that the law stipulates must have a certificate of ownership or right to use the property.
Advertising for special products, goods, and services must meet the conditions specified in Article 20, Clause 4 of the Advertising Law 2012.

Procedures for Applying for Advertising License:

1. Advertising on Billboards, Banners:

Organizations or individuals wishing to advertise on billboards, banners must submit a notification of the advertising product to the competent advertising authority of the locality 15 days before advertising.
Required Documents:
- Notification letter of the advertising product specifying the content, time, location of the advertising, quantity of billboards, banners.
- Copy of the business registration certificate of the advertising service provider or the business registration certificate of the advertiser if self-advertising.
- Copy of documents proving the compliance and conformity of the products, goods, and services according to the law or documents proving the conditions for advertising.
- Copy of event organization documents from the organizing unit in case of advertising for events, social policies.
- Advertising product mock-up in color with the signature of the advertising service provider or the signature of the advertiser. If the advertising service provider, advertiser is an organization, the organization’s seal must be included.
- Document proving the ownership or right to use the billboard; ownership or right to use the advertising location for banners.
- Layout of the billboard placement location.
- Copy of construction permit for advertising structures for billboard types requiring construction permits.

Procedure for License Application:

Within 5 working days from the date the competent advertising authority of the locality confirms the receipt of the valid application, if there are no objections, the organization or individual may proceed with the advertised product. In case of disagreement, the competent advertising authority must respond in writing with clear reasons.

2. Advertising in Newspapers, Magazines:

Required Documents:

Application for advertising license in newspapers, magazines.
Opinion of the managing authority.
Certified copy of the press operation license. If the press agency needs to modify the content of the advertising license, it must submit a request for modification to the state management agency for press.
Application for modification, supplementation of the license.
Certified copy of the valid license.

Procedure for License Application/Modification, Supplement:

Within 30 days from the date of receiving the complete valid application, the state management agency for the press will consider granting the advertising license for newspapers, magazines. In case of refusal, a written response with clear reasons must be provided.
Within 15 days from the date of receiving the complete valid application, the state management agency for the press will consider, issue the modified, supplemented license. In case of refusal, a written response with clear reasons must be provided.
Within 7 days from the date of issuing the advertising channel, program license or issuing the modified, supplemented license, the licensing authority must send a copy of the issued license to the state management agency for advertising and the People’s Committee of the province, centrally-run city (hereinafter referred to as the provincial People’s Committee) where the press agency is headquartered for coordination in management.

Apart from the above, when advertising goods, services through other means such as newspapers, electronic information pages, electronic devices, terminal devices, and other telecommunications equipment, printed products, audio recordings, video recordings, and other technological devices, vehicles… the advertising unit must meet specific conditions as prescribed in the Advertising Law and Decree 181/2013/NĐ-CP.

The above is related to the procedures for obtaining advertising licenses. Contact A&D Law Firm today for detailed advice. [The content is for reference only, readers should not use it as legal documentation or reference in litigation.]