SANCTIONS FOR VIOLATIONS OF ADVERTISING ON BILLBOARDS, BANNERS, AND SPECIAL OUTDOOR ADVERTISING SCREENS

Table of Contents

1. Conditions for advertising on billboards, banners, and special outdoor advertising screens

2. What are the fines for hanging an advertisement that violations against regulations of the registered advertising content?

3. What are the fines for violations against regulations on advertising content on billboards, banners and special outdoor advertising screens?

1. Conditions for advertising on billboards, banners, and special outdoor advertising screens

Regarding the conditions for advertising on billboards, banners, according to Article 27 of the Law on Advertising 2012 as follows:

“1. The positions of billboards and banners must comply with law provisions on cultural and historical relic protection area, safe traffic corridor, dykes and national electric network; must not block out the traffic lights and public road signs; must not cross the roads and must comply with the local advertising planning and the technical regulations promulgated by competent agencies.

2. The advertisements on the billboards and banners must specify the names and address of their maker.

3. The advertisements on billboards and banners being political and social policy propagation must comply with the following provisions:

a) The symbols, logos and brand names of the advertisers must be put at the bottom of the billboards and vertical banners, or on the right of the horizontal banners;

b) The area for displaying the symbols, logos and brand names of the advertisers must not exceed 20% of the billboard and banner area.

4. The time limit for putting up a banner is 15 days.”

Regarding the conditions for advertising on specialized advertising screens, pursuant to Article 28 of the Law on Advertising 2012:

“1. The positions of advertising screens must comply with this Law, other relevant law provisions and the local outdoor advertising planning.

2. Sounds must not be used in advertisements on outdoor advertising screens.

3. Sounds may be used in the advertisements on screens not being specified in Clause 2 this Article in accordance with law provisions on environment”.

2. What are the fines for hanging an advertisement that violations against regulations of the registered advertising content?

Clause 3, Clause 5, Article 42 of Decree 38/2021/ND-CP stipulates handling of violations in advertising on billboards, banners, and specialized advertising screens, stipulating:

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

a) Placing the advertiser’s logo, trademark, or product label in an incorrect position on a billboard or banner with political or socio-political propaganda or promotion content;

b) Displaying the logo or product label in excess of the prescribed area on a billboard or banner with political or socio-political propaganda or promotion content;

c) Advertising on billboards or banners that does not comply with regulations on historical and cultural relic protection areas; traffic safety corridors, dikes, and national power grids; obscuring traffic lights; hanging across roads and public signs;

d) Modifying the advertising content that has been notified to the competent state agency;

dd) Incorrectly notifying the advertising content on billboards and banners to the competent state agency where the advertising is carried out.

5. Remedial measures:

a) Forcing the addition of the name and address of the advertiser on each billboard and banner for the acts specified in Point a, Clause 1, Clauses 2, 3 and 4 of this Article.”

In addition, Clause 2, Article 5 of Decree 38/2021/ND-CP stipulates as follows:

“2. The fine level prescribed in Chapter II and Chapter III of this Decree is the fine level applied to individuals, except for the cases prescribed in Clause 1, Point c, Clause 4, Point a, Clause 5 and Clause 6, Article 6; Points c, d, e and g, Clause 4, Article 8; Clauses 1, 2 and 3, Article 9; Article 10; Point a, Clause 2, Clauses 3, 5 and 6, Points a, b, c and d, Clause 7, Article 14; Clauses 1, 2, 3, 4 and Point b, Clause 5, Article 21; Clauses 1, 2, 3, 4 and Point b, Clause 5, Article 23; Clause 1, Article 24; Articles 30, 38, 39 and 40 of this Decree are the fines applicable to organizations.

Individuals who hang advertising signs that do not comply with the registered advertising content will be fined from VND 5,000,000 to VND 10,000,000 and forced to remove the violating advertisement.

For organizations, the fine will be from 10,000,000 to 20,000,000 VND.” Accordingly, if violating the regulation of hanging advertising signs with incorrect registered advertising content, individuals will be fined from 5,000,000 VND to 10,000,000 VND, and organizations will be fined from 10,000,000 VND to 20,000,000 VND.

3. What are the fines for violations against regulations on advertising content on billboards, banners and special outdoor advertising screens?

According to Article 42 of Decree 38/2021/ND-CP stipulating administrative sanctions in the field of culture and advertising:

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

a) Hanging, erecting, placing, or attaching each billboard, banner, or outdoor advertising screen not in the planned location or location approved by a competent state agency;

b) Not clearly stating the name and address of the advertiser on each billboard or banner.

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

a) Advertising beyond the prescribed area of ​​a billboard or banner at a planned location or a location approved by a competent state agency;

b) Not removing an expired banner as stated in the notice; not removing a torn, tattered, or unsightly billboard or banner.

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

a) Placing the advertiser’s logo, logo, or trademark in an incorrect position on a billboard or banner with political, political-social propaganda or agitation content;

b) Displaying logos and trademarks exceeding the prescribed area on billboards and banners with political and socio-political propaganda and agitation content;

c) Advertising on billboards and banners that do not comply with regulations on historical and cultural relic protection areas; traffic safety corridors, dykes, national power grids; obscuring traffic lights; hanging across traffic routes and public signs;

d) Modifying and distorting the advertising content that has been notified to competent state agencies;

dd) Incorrectly notifying the advertising content on billboards and banners to competent state agencies where the advertising is carried out.

4. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for one of the following advertising acts:

a) Using sound on specialized outdoor advertising screens;

b) Failure to notify the content, time, location of advertising, number of billboards and banners.

5. Remedial measures:

a) Forced to add the name and address of the advertiser on each billboard and banner for the acts specified in Point b, Clause 1 of this Article;

b) Forced to remove the advertisement for the acts specified in Point a, Clause 1, Clauses 2, 3 and 4 of this Article.”

At the same time, Article 5 of Decree 38/2021/ND-CP stipulates the level of fines and the authority to impose fines on individuals and organizations as follows:

“Article 5. Regulations on the level of fines and the authority to impose fines on individuals and organizations

1. The maximum fine for an administrative violation in the cultural field is VND 50,000,000 for individuals and VND 100,000,000 for organizations. The maximum fine for an administrative violation in the field of advertising is VND 100,000,000 for an individual and VND 200,000,000 for an organization.

2. The fines prescribed in Chapter II and Chapter III of this Decree are fines applied to individuals, except for the cases prescribed in Clause 1, Point c, Clause 4, Point a, Clause 5 and Clause 6, Article 6; Points c, d, e and g, Clause 4, Article 8; Clauses 1, 2 and 3, Article 9; Article 10; Point a, Clause 2, Clauses 3, 5 and 6, Points a, b, c and d, Clause 7, Article 14; Clauses 1, 2, 3, 4 and Point b, Clause 5, Article 21; Clauses 1, 2, 3, 4 and Point b, Clause 5, Article 23; Clause 1, Article 24; Articles 30, 38, 39 and 40 of this Decree are the fines applicable to organizations.

3. For the same administrative violation, the fine for an organization is twice the fine for an individual.

4. The authority to impose fines of the positions with the authority to impose fines prescribed in Chapter IV of this Decree is the authority to apply to administrative violations of individuals; the authority to impose fines on organizations is twice the authority to impose fines on individuals.”

Accordingly, violations of advertising on billboards, banners, and specialized advertising screens can be fined up to VND 15,000,000, while for organizations, the fine will be twice that of individuals (in Article 5 of Decree 38/2021/ND-CP). In addition, individuals and organizations that violate the law may also be forced to add the name and address of the advertiser on each billboard or banner or forced to remove the advertisement.