In which cases shall the Advertisement Appraisal Council in Vietnam conduct appraisal of advertisement products at the request of organizations and individuals?

In which cases shall the Advertisement Appraisal Council in Vietnam conduct appraisal of advertisement products at the request of organizations and individuals?

Pursuant to Article 3 of the Circular 10/2013/TT-BVHTTDL stipulating cases in which the Advertisement Appraisal Council in Vietnam shall conduct appraisal of advertisement products at the request of organizations and individuals as follows:

Request for advertisement product appraisal

1. The Advertisement Appraisal Council shall conduct appraisal of advertisement products at the request of organizations and individuals in the following cases:

a) Advertisement products contain contents related to provisions in Article 7 and Article 8 of the Law on advertisement;

b) Advertisement products which are refused for performance by advertisement service providers or advertisement issuers because they do not ensure about the legality of advertisement products;

c) There are divergent opinions about content of advertisement products between state management agencies and organizations or individuals participating in advertisement operation;

d) Other cases as prescribed by law.

2. The Advertisement Appraisal Council shall not appraise advertisement products which only present the logo, symbol, trademark or brand name of products, goods, or services.

As regulations above, the Advertisement Appraisal Council shall conduct appraisal of advertisement products at the request of organizations and individuals in the following cases:

- Advertisement products contain contents related to products, goods, prohibited advertising services and prohibited activities in advertisement.

- Advertisement products which are refused for performance by advertisement service providers or advertisement issuers because they do not ensure about the legality of advertisement products;

- There are divergent opinions about content of advertisement products between state management agencies and organizations or individuals participating in advertisement operation;

- Other cases as prescribed by law.

What are regulations on process for advertisement product appraisal of the Advertisement Appraisal Council in Vietnam?

Pursuant to Article 7 of the Circular 10/2013/TT-BVHTTDL stipulating process for advertisement product appraisal of the Advertisement Appraisal Council in Vietnam as follows:

Process for advertisement product appraisal

1. Organizations and individuals shall send request for advertisement product appraisal, directly or via post system, to the Grassroots Culture Department (Form No.1).

2. After receiving request for advertisement product appraisal of organizations and individuals, the Grassroots Culture Department shall submit to the Minister of Culture, Sports and Tourism for decision on establishment of Council, send summary of request that needs to be appraised and written invitation of participation in meeting to members of the advertisement appraisal council at least 02 (two) days before day of meeting.

3. The advertisement appraisal Council shall conduct meeting for the appraisal in according to the following process:

a) Chairman of Council shall present summarily content of the request that needs to be appraised;

b) Members of the Council will give out comments and assessments; the Council shall discuss to reach unified opinions from comments and assessments;

c) Members of Council shall make vote, chairman of the advertisement appraisal Council shall make decisions in favor of the majority about the conformity of advertisement product with legislations on advertising;

d) Secretary shall make a written record of meeting;

dd) The Council shall approve the written record of meeting, chairman and secretary of the advertisement appraisal council shall sign on the approved written record.

4. Base on result of Appraisal, the Director of the Grassroots Culture Department shall issue a document to send it to organization or individual in which clearly state that the advertisement product is conformable or non-conformable with legislations of advertising.

5. Within 15 (fifteen) working days, after receiving request for advertisement product appraisal, the grassroots Culture Department shall send the written appraisal of advertisement product (Form No.2) to the applicants.

As regulations above, process for advertisement product appraisal of the Advertisement Appraisal Council in Vietnam are as follows:

Step 1: Chairman of Council shall present summarily content of the request that needs to be appraised;

Step 2: Members of the Council will give out comments and assessments; the Council shall discuss to reach unified opinions from comments and assessments;

Step 3: Members of Council shall make vote, chairman of the advertisement appraisal Council shall make decisions in favor of the majority about the conformity of advertisement product with legislations on advertising;

Step 4: Secretary shall make a written record of meeting;

Step 5: The Council shall approve the written record of meeting, chairman and secretary of the advertisement appraisal council shall sign on the approved written record.

Who are members of the Advertisement Appraisal Council in Vietnam?

Pursuant to Clause 2 Article 5 of the Circular 10/2013/TT-BVHTTDL stipulating members of the Advertisement Appraisal Council in Vietnam as follows:

Members of the advertisement appraisal Council

1. Number of members of an advertisement appraisal Council must be odd number and must have at least 05 (five) members, including: 01 chairman of council, 01 member as secretary and other members.

2. Members of the advertisement appraisal Council, base on content of the advertisement product that is requested for appraisal, include:

a) Representatives of Departments, agencies of The Ministry of Culture, Sports and Tourism, the Ministry of Health, the Ministry of Agriculture and Rural development, the Ministry of Science and Technology, the Ministry of Industry and Trade and other Ministries and sectors;

b) Representatives of occupational organizations;

c) Experts or representatives of other units and organizations with specialized activities related to the contents that need to be appraised.

3. Chairman of the advertisement appraisal Council is leader of the Grassroots Culture Department.

4. The Standing Agency of the advertisement appraisal Council is the Grassroots Culture Department.

As regulations above, members of the advertisement appraisal Council, base on content of the advertisement product that is requested for appraisal, include:

- Representatives of Departments, agencies of The Ministry of Culture, Sports and Tourism, the Ministry of Health, the Ministry of Agriculture and Rural development, the Ministry of Science and Technology, the Ministry of Industry and Trade and other Ministries and sectors;

- Representatives of occupational organizations;

- Experts or representatives of other units and organizations with specialized activities related to the contents that need to be appraised.

Best regards!