Applying instructions for advertising license 2022

APPLICATION PROCEDURES FOR

ADVERTISING LICENSE IN 2022

Cung cấp dịch vụ tư vấn xin giấy phép quảng cáo

Figure 1. THINH TRI - Providing consulting services to apply for advertising licenses.

In this modern life, advertising is a regular and popular activity of businesses to introduce and promote products and services to consumers. Advertising activities are strictly regulated by legal documents of the state. The following article will guide you through the process and procedures to apply for advertising permission.

OUTLINES

1. What is advertising?

2. Advertising conditions.

3. Application for advertising license.

4. Procedures for applying for an advertising license.

5. Consulting service on advertising license application – Thinh Tri Law.

1. What is advertising?

The 2013 Law on Advertising stipulates as follows: “Advertising is the use of means to introduce to the public products, goods and services for profit purposes; products and services with no profit-making purposes; organizations and individuals trading in introduced products, goods and services, except for current news; social policies; personal information."
The means used for advertising are very clearly defined in the advertising law, including:

Newspapers.
Website, electronic equipment, terminal equipment and other telecommunications equipment.
Printed products, phonograms, video recordings and other technological equipment.
Billboards, banners, signs, light boxes, specialized advertising screens.
Mean of transportation.
Fairs, seminars, conferences, events, exhibitions, cultural and sports programs.
Advertising product carrier; advertising object.
Other means of advertising as prescribed by law

2. Điều kiện quảng cáo:

Article 20 of the Law on Advertising stipulates the following advertising conditions:

"1. Advertisements about goods and service business activities must have a business registration certificate.

2. Advertisements for all kinds of products, goods and services must have documents proving the standard and regulation conformity of products, goods and services as prescribed by law.

3. An advertisement for a property that is required by law to have a certificate of ownership or right to use must have a certificate of ownership or right to use the property.

4. Advertising for special products, goods and services must satisfy the following conditions:

a) Advertise drugs that are allowed to be advertised in accordance with the law on health; must have a valid circulation permit in Vietnam and a user manual approved by the Ministry of Health;

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

c) Advertisements for insecticidal and germicidal chemicals and preparations for household and medical use must have a certificate of registration for circulation issued by the Ministry of Health;

d) Advertising of milk and nutritional products for young children other than those specified in Clause 4, Article 7 of this Law must have a certificate of standards and a certificate of food hygiene and safety for nutritional products. domestic production; for imported nutritional products, there must be a certificate of product quality issued by a competent agency of the producing country and a circulation permit;

đ) Advertisement of foods and food additives that must have a certificate of registration of quality and safety for food and food additives on the list of which must be registered for food quality, hygiene and safety, or a standard declaration receiving dossiers from competent state agencies for foods and food additives on the list of which standards must be announced;

e) An advertisement for medical examination and treatment services must have a certificate of eligibility for practice issued by the health sector in accordance with law;

g) Advertisement of medical equipment requiring a circulation permit, for domestically produced medical equipment, or an import license, for imported medical equipment;

h) Advertisement of plant protection drugs, plant protection drug ingredients, and plant protection supplies must have a certificate of registration of plant protection drugs.

Advertisements for beneficial organisms used in plant protection must have a phytosanitary license issued by the Ministry of Agriculture and Rural Development;

i) Advertisements for veterinary drugs and veterinary supplies must have a product circulation permit and a summary of product characteristics;

k) Advertisements for fertilizers, biological products for cultivation, animal feeds and biological products for livestock production must have a product quality certificate or a written self-declaration of product quality.”

To be licensed by a competent state agency, an enterprise must meet the above conditions. In the process of applying for an advertising license, if you have any problems, please contact Thinh Tri Law immediately for a free consultation via hotline 1800 6365.

3. Dossier to apply for an advertising license:

For the form of advertising on billboards or hanging banners, the advertiser must notify the competent agency about advertising.An application for an advertising license includes the following components:
- The text of the advertisement product announcement clearly stating the content, time, place of advertisement, number of billboards and banners.
- A copy of the business registration certificate of the advertising service provider or the business registration certificate of the advertiser in case of self-advertising.
- Copies of papers proving the conformity of products, goods or services as prescribed by law or papers proving eligibility for advertising as prescribed in Article 20 of this Law.
- A copy of the text on the organization of the event by the organizer in the case of advertising for the event, social policy.
- Printed advertising products in color with the signature of the advertising service provider or the advertiser's signature in the case of self-implementation. In case the person providing advertising services or the advertiser is an organization, it must bear the seal of the organization.
- Written proof of ownership or right to use the billboard; ownership or right to use the advertising location for the banner.
- Perspective of placement of billboards.
- A copy of the license to build advertising works, for the type of billboards, must have a construction permit as prescribed in Clause 2, Article 31 of this Law.

According to Article 29 of the Law on Advertising.

4. Procedures for applying for an advertising license:

After you have prepared all the documents, you proceed to submit the application for an advertising license to the competent state agency.
Currently, depending on each advertising product/service, the application will be received by a decentralized agency and evaluated before agreeing to issue a certificate of advertising content or refuse to grant it. For customers' reference, Thinh Tri Law would like to list a number of agencies competent to issue advertising licenses as follows:

Drug Administration: Appraisal of dossiers for grant of advertising licenses for pharmaceuticals;
Department of Food Safety and Hygiene:Appraisal of dossiers of certification of advertising contents for functional foods; food supplements;
Department of Health: Issue certificates of advertising content for cosmetics, medical examination and treatment establishments;
Department of Culture, Sports and Tourism: Granting permits for ordinary advertising signs;
Department of Agriculture and Rural Development: Issue certificates for food products such as chili sauce; fish sauce…etc.
Department of Industry and Trade: Issue licenses for products such as confectionery, etc.

In addition, there are a number of agencies that have the authority to issue advertising licenses. Please contact us immediately for specific advice on your case via hotline 1800 6365.
After the agency that issues advertising license for their products/services has been identified, organizations and individuals wishing to advertise on billboards and banners must send product notification dossiers to the local advertising authority 15 days before the advertisement is made.
Within 05 working days from the date the local competent authority in charge of advertising confirms the receipt of the dossier, if there is no reply, the organization or individual may make advertising products. announced. In case the local advertising authority disagrees, it must reply in writing and clearly state the reason.

5. Consulting service for applying for an advertising license – Thinh Tri Law:

Công ty Luật TNHH THỊNH TRÍ – Hỗ trợ mọi vấn đề pháp lý cho khách hàng

Figure 2. THINH TRI Law Firm – Support all legal issues for clients.

In order to handle with customers' difficulties and questions, as well as ensure their interests in the process of applying for an advertising license, we encourage customers to discuss and seek legal support. specialized professor. Currently, Thinh Tri Law provides the following advertising license package services:

Advising customers on the form and content of advertising before proceeding with the work;
Advising clients on agencies receiving dossiers, appraising and granting certificates of advertising content to clients;
Advising customers to revise the script, maket, and advertising content in accordance with the provisions of the law;
Prepare application documents for advertising licenses for clients. Then transfer it to the customer for reference and guide the customer to sign the dossier;
Thinh Tri Law directly on behalf of the client to apply for an advertising license at the authorities;
Meet and work directly with the case processing specialist. Thereby reviewing the validity, supplementing and correcting the dossier (if any) at the request of the specialist;
Receive a certificate of advertising content and transfer the results to customers for reference and storage;
Consulting on issues related to advertising licenses after completing the work.
With a team of lawyers not only knowledgeable and fluent in the law but also know how to apply it to provide legal services in a beneficial direction, protect the legitimate rights and interests of customers. Our company always attracts and trains human resources to become lawyers with a "warm" heart, "clean" hands and a "cold" head with sharp legal thinking plus passion, persistence and compassion will provide you with the best quality legal services.