Sanctions for administrative violations on signs in Vietnam

Recently, LSX legal firm received a question: “Hello Lawyer, I have just opened a company specializing in advertising printing services. My company has rented a part of the vacant land of the house next door to make a large company sign. The sign was placed there for a week, then the ward order came to demand a fine from my company and ordered it to be dismantled because he said that my company erecting such a sign is a violation of the law. So, I want to ask about sanctions for administrative violations on signs in Vietnam.”

Legal grounds

• Law on Advertising 2012
• Decree No. 158/2013/ND-CP

Regulations on hanging signs

The placement of signs must comply with the provisions of Article 34 of the Law on Advertising 2012 and technical regulations promulgated by competent authorities:

Article 34. Signboards of organizations and individuals doing business and production 

The signboard must include the following contents:
a) The name of the direct line agency (if any);
b) The name of the production facility or the business establishment consistent with the Certificate of business registration;
c) The address and phone number.
The text on the signboard must comply with Article 18 of this Law.
The signboard sizes are specified as follows:
a) For horizontal signboards, the maximum height is 02 meters (m), and the length must not exceed the width of the house front;
b) For vertical signboards, the maximum width is 01 meter (m), and the maximum height is 04 meters (m) but must not exceed the height of the floor where the signboard is located.
The signboard must not block the emergency exit and fire fighting space, must not violate the pavement, or the road, or affect the public traffic.
The signboard location must comply with this Law and the technical regulations promulgated by competent agencies.

Besides, under Point b, Clause 2, Article 31 of the Law on Advertising 2012, building signboards, and billboards with over 20 m2 on one side with metal structure or similar materials and attached to another existing construction must be issued with the construction license from local competent agencies in charge of construction

Sanctions for administrative violations on signs

When your company hangs the signboard, you must ensure the provisions of Article 34, the Law on Advertising 2012. Besides, you have to ensure that the placement of the sign does not cover the escape and fire fighting space; not encroach on sidewalks, or roadways, affecting public transport.
Because you did not provide specific information about the size, location as well as other details about the placement of your company’s sign, we cannot determine the violation as well as the violation penalty. However, you can refer to the provisions of Article 60 of Decree No. 158/2013/ND-CP on fines for violations of regulations on advertising on billboards, banners, and specialized screens advertise as follows:

Article 60. Violations against regulations on advertising boards, banners, and advertising screens

1. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for one of the following violations:

a) Hanging, and installing an advertising board or banner at another location than that approved by a competent authority;
b) Failing to specify the name or address of the advertising service provider on the advertising board or banner, except for the case mentioned in Point b Clause 2 Article 68 of this Decree;
c) Failing to notify the local competent authority of the advertisement contents on the board or banner, or providing incorrect information.

2. A fine of from 2,000,000 VND to 5,000,000 VND shall be imposed for one of the following violations:

a) Using an advertising board or banner that exceeds the permissible area at the location approved by a competent authority;
b) Failing to remove the advertising board or banner after the period written in the notification.

3. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed for one of the following violations:

a) Placing the symbol, logo, or brand name of the advertiser at improper positions on the advertising board or banner that contains political or social propagation;
b) Placing the symbol, logo, or brand name of the advertiser at improper positions on the advertising board or banner that contains political or social propagation;
c) Placing adverting boards or banners against the regulations on the protection of historic sites, traffic safety corridor, dykes, and national grid; blocking the traffic lights, public roads, or road signs;
d) Changing the advertisement contents notified that have been notified to the competent authority;
dd) Using fake documents in the notification of advertisements on advertising boards or banners.

4. A fine of from 10,000,000 VND to 15,000,000 VND imposed for

Using sounds in advertisements on outdoor advertising screens.

5. A fine of from 15,000,000 VND to 20,000,000 VND imposed for

Installing advertising screens, the area of one side of which is ≥ 20 m2, without a license to construct advertising works.

6. A fine of from 20,000,000 VND to 30,000,000 VND imposed for

Fastening signboards or advertising boards with metal frames or similar materials; the area of one side of which is ≥ 20 m2, to an existing construction without a license to construct advertising works.

7. A fine of from 30,000,000 VND to 40,000,000 VND imposed for

Installing independent advertising boards, the area of one side of which is ≥ 40 m2 without a license to construct advertising works.

8. Remedial measures:

a) Compulsory removal of the advertisements mentioned in Clauses 1, 2, 3, and 4 of this Article;
b) Compulsory restoration, applicable to the violations in Clause 6 of this Article;
c) Compulsory dismantlement of the construction works mentioned in Clause 5 and Clause 7 of this Article.

Dossier for advertising construction license

 The application for the advertising construction license includes: 

• Firstly, the written application for the advertising construction license.
• Secondly, the copy of the Certificate of business registration of the organization or individual applying for the advertising construction license. 
• Thirdly, the authenticated copy of one of the following papers: the land use right certificate, the written agreement or contract for land lease as prescribed by law provisions on land regarding independent advertising constructions; the location lease contract between the investor of the advertising construction and the owner, or the legal owner of the advertising construction attached to another existing construction, or the written bid winning notice for the advertising locations subject to compulsory bidding in the planning.
• Fourthly, for advertising constructions attached to another existing construction, the written agreement or the contract between the investor of the advertising construction and the owner or the person authorized to manage the existing construction.
• Fifthly, the design drawing from the legal design organizations demonstrating the isometric surface, cross-section, orthographic projections, and the foundation projection of the construction together with the signature and seal of the advertising construction investor. For advertising constructions attached to another existing construction, the design drawing must demonstrate the connection of the advertising construction and the existing construction.

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LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:

• Legal advice related to new regulations;
• Representing in drafting and editing documents;
• We commit the papers to be valid, and legal for use in all cases;
• Represent to submit documents, receive results, and hand them over to customers.

With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.

Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.

Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.

After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.

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In this article, we provide information regarding “Sanctions for administrative violations on signs in Vietnam”. With qualified solicitors, LSX legal firm has provided efficient legal services to our customers. We guarantee to constantly update and keep our operations as well as services in line with the law. If you have any questions about the law, please get in touch with us via hotline LSX Law firm: +84846175333 or Email: [email protected]

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