When individuals, agencies, organizations or businesses want to promote their brands, improve their reputation as well as bring products and goods to the public, an indispensable activity is the advertisement. Advertising is the use of means by individuals and organizations according to their own purposes to bring products to people for the purpose of bringing profits to the subject of advertising. So about the matter “Do signboards require permission in Vietnam?” Let’s find out with LSX in the article below.
Legal basis
- Enterprise Law 2020
- Consolidation document 47/VBHN-VPQH consolidating the Law on Advertising
- Decree 103/2009/ND-CP promulgating regulations on cultural activities
- Decree 38/2021/ND-CP on sanctioning of administrative violations in the field of culture and advertising
Do signboards require permission in Vietnam?
According to the provisions of the current law, hanging company signboards does not need to ask for permission. But when hanging the company’s signboard, it must comply with the provisions of the law on signs specified in Decree 103/2009.
Although the law does not require permission to hang signs, if individuals and organizations do not comply with the provisions of the law on hanging signs, they will be administratively sanctioned, specifically as follows: :
If the enterprise’s name is not attached at the head office, branch or representative office of the enterprise; or failing to write or attach the name of the branch, representative office, or business location at the branch office, representative office or business location, an administrative fine of between 10,000,000 and 15,000,000 will be imposed as prescribed. in Decree 50/2016
According to the provisions of Clause 2, Article 31 of the Law on Advertising 2012, the issuance of permits for construction of advertising works is as follows:
2. The construction of outdoor advertising screens, signboards, billboards, stand-alone or attached to existing constructions must obtain a construction permit from the competent local construction authority in the following months. the following cases:
a) Building specialized outdoor advertising screens with an area of 20 square meters (m2) or more on one side;
b) Building signs and billboards with an area of over 20 square meters (m2) on one side of a metal frame or similar construction materials attached to existing construction works;
c) A stand-alone billboard with an area of 40 square meters (m2) or more on one side.
What are the regulations on signboards?
Pursuant to Article 18 of the Law on Advertising 2012 stipulating the voice and writing in advertising:
“1. Advertising products must have content in Vietnamese, except for the following cases:
a) Trademarks, slogans, trademarks, proper names in foreign languages or internationalized words that cannot be replaced by Vietnamese;
b) Books, newspapers, websites and other publications permitted to be published in Vietnamese ethnic minority languages and foreign languages; radio and television programs in Vietnamese and foreign languages.
2. In case both Vietnamese and foreign languages are used on the same advertising product, the foreign font size must not exceed three-quarters of the Vietnamese font size and must be placed below the Vietnamese word; When broadcast on radio, television or on audio-visual media, Vietnamese must be read before foreign languages.
According to the above provisions, the Law on Advertising only generalizes the form of display of signs of organizations and individuals engaged in production and business activities as an advertising method. There is no specific regulation on the signboard being the name of the business.
Regulations on cultural activities and business of public cultural services promulgated together with Decree No. 103/2009/ND-CP dated November 6, 2009 of the Government (hereinafter abbreviated as Regulations). )
• Article 22 of the Regulation stipulates the following forms of signboards: Writing, placing, hanging, pasting, erecting and installing signs, hereinafter referred to as writing and placing signs, at the head office or business place of the organization. organizations and individuals in the form of billboards, signs, light boxes, neon lights or other forms, to introduce names and transaction addresses of Vietnamese organizations and individuals. Foreign organizations and individuals in Vietnam are not required to apply for permission but must comply with the provisions of Article 23 of this Regulation.
• Article 23 Regulations on aesthetics, writing, position and content of signs:
“1. Beautiful mandarin, signboard script:
a) Signboards must ensure beauty;
b) Signboards must be written in Vietnamese characters; In case of wanting to display abbreviated names, international transaction names, names and foreign letters, they must be written at the bottom, smaller in size than Vietnamese characters.
2. Signage location:
Signboards can only be written, placed close to the gate, or the front of the head office or business place of the organization or individual; each agency or organization may only write and place one signboard at the gate; At the head office or a place of business independent of other organizations or individuals, only one horizontal signboard and no more than two vertical signs shall be placed.
3. Contents of the signboard:
a) Name of the direct managing agency (if any);
b) The full name in Vietnamese words is consistent with the establishment decision or the business registration certificate issued by a competent authority; type of enterprise or cooperative;
d) Main business lines and fields (for goods and service production and trading establishments);
dd) Transaction address, phone number (if any);
e) On the signboard is displayed the symbol (logo) registered with the competent authority, the logo area must not exceed 20% of the signboard area, must not display advertising information or images for any type of product. goods or services”.
What is the penalty for illegally hanging a signboard?
If you hang a sign in violation of regulations, you will be sanctioned for an administrative violation:
• Decree 155/2013/ND-CP on sanctioning of administrative violations in the field of planning and investment specified in Clauses 2 and 3, Article 32 as follows:
“2. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the following acts:
c) Failing to affix the enterprise’s name at the head office, branch or representative office of the enterprise.
3. Remedial measures: e) Forcing the enterprise’s name to be affixed at the head office, branch or representative office of the enterprise, for violations specified at Point c, Clause 2 of this Article”;
• Decree 38/2021/ND-CP on sanctioning of administrative violations in the field of culture and advertising, in Article 48 on sanctioning for violations of regulations on signs:
“first. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a) The name of the direct managing agency is not fully displayed on the signboard; the name of the production and business establishment in accordance with the business registration certificate or the enterprise registration certificate; Address Phone;
b) Using signboards of incorrect size as prescribed.
2. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the following acts:
a) Incorrect or incompletely written name in Vietnamese on the signboard;
b) Not written in Vietnamese but only in foreign language on the signboard;
c) Display the proper name, abbreviated name, international transaction name in foreign words above the name in Vietnamese characters on the signboard;
d) Displaying names, abbreviations and international transaction names in foreign language with a font size exceeding three-quarters of the Vietnamese font size on the signboard;
dd) The height of the vertical sign exceeds the height of the floor where the sign is located.
3. A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for one of the following acts:
a) Hanging, erecting, placing and attaching signboards to shield escape and fire fighting spaces;
b) Hanging, erecting, placing or attaching signs encroaching on sidewalks, roadbeds, affecting public traffic;
c) Hanging, erecting, placing or affixing signboards, causing unsightly appearance.
4. Remedial measures:
Forced removal of signboards for acts specified in Clauses 1, 2 and 3 of this Article.
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Finally, hopefully the information in the article will provide helpful information for readers and help you solve the problem “Do signboards require permission in Vietnam?” At the same time, LSX Law firm always has leading lawyers and legal consultants who will help you in legal matters of life. If you have any need, please get in touch with us via hotline: +84846175333 or Email: [email protected]
Please see more
- Sanctions for administrative violations on signs in Vietnam
- Regulations on hanging a signboard of newly established companies in Vietnam
- Proving separate property before marriage under Vietnam law
Frequently asked questions
The order of announcing advertising products on billboards is as prescribed in Article 29 of the Law on Advertising:
Accordingly, individuals wishing to advertise on billboards must send a dossier of notification of advertising products to the local competent advertising agency 15 days before advertising.
Within 5 working days from the date the local advertising authority confirms the receipt of the dossier. If there is no reply, the organization or individual may implement the announced advertising product. In case the local advertising authority does not agree. Must reply in writing and clearly state the reason.
Billboards can be installed at the front and two sides of the house.
Billboards must ensure technical safety, do not block the exits of the house, and do not rush out to cause danger.
With a 1-storey house, only 1 horizontal sign and 1 vertical sign can be placed.
Is there a penalty for not attaching the business name to the signboard at the representative office of the enterprise?
A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failing to attach the enterprise name at the head office, branch or representative office of the enterprise.
Conclusion: So the above is Do signboards require permission in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
