VIETNAM CHAMBER OF COMMERCE AND INDUSTRY
Liên Đoàn Thương Mại Và Công Nghiệp Việt Nam
As the representative of the members, continuously after the promulgation of the Law on Advertising (January 2013) as well as after the Government's Resolution No. 19 / NQ-CP dated March 12, 2015, the Resolution 19-2016 / NQ-CP dated April 28, 2016 of the Government to the Resolution No. 35-2016 / NQ-CP, not counting the number of letters sent by enterprises that directly requesting, The Vietnam Advertising Association has dozens of documents (attached appendix), timely and sufficiently submitted to the National Assembly, the Government, the relevant ministries and localities to be considered, responded and, resolved, Until the present, through the reflection of enterprises and field surveys, it can be seen that these difficulties and problems are almost still there, focusing on the following basic issues:
- The circulars of ministries guiding procedures of certification of advertising contents are still overlap, complex, lacking uniformity, unclear guided by officials ... These cause troubles and difficulties for enterprises.
- The Land Law regulates conversion of land use purpose; the Law on Construction has stipulated procedures for licensing the construction of advertising works are incomprehensible, be not suitable with the characteristics of advertising works, be lack of feasibility that the advertising activities have to stop because most businesses are not possible to obtain a license to develop signboards as provided in these laws.
- National technical regulations No QCVN 17: 2013 / BXD (QCVN 17) on construction and installation of outdoor advertising media issued with Circular No.19/2013 / TT-BXD dated October 31 2013 of the Ministry of Construction has basically standardized the construction of outdoor advertising facilities, however, when being applied in practice, there are some points are not suitable, but being modified lately.
- The Decree 181/2013 / ND-CP requires that localities must complete outdoor advertising planning by the end of 2013 but many localities have not yet mastered the plan, which is in violation of the Law on Advertising. The planning is generally lack of scientific basis, be lack of professional vision, limited inheritance, publicity, transparency and sometimes improvised by local leaders. It is worth mentioning that, while have not promulgated new planning, there are locals as Hanoi, Ho Chi Minh City paused to receive dossiers of old and new advertising product notification, to push businesses into unauthorized advertising, handling billboards that were licensed under the old plan, these make interruptive production, loss of business opportunity and promotion of products, cause big losses for many businesses as well as many enterprises are obstructive.
- Some localities also put their own regulations, limited advertising, it is not suitable to the superior documents, express very clearly the arbitrariness, above is the open, under is the lanyard.
1. b) Administrative procedures reforms in the field of advertising are delayed:
- For the development of outdoor billboards, the Law on Advertising has stipulated 08 types of papers. We think that is enough, but in fact, in order to obtain these kinds of papers it is necessary to go through other procedures, it is very hard, even it is impossible to implement.
- The stipulation that businesses only need to submit adequate dossiers of advertising products to the Department of Culture, Sports and Tourism instead of having to applicatrion for outdoor advertising permits in the past is easier, simplier but it still locally setting out unspecified conditions that makes difficulties for advertisers to increase advertisment exposure, raise more negative phenomenas.
- Regulations on advertising contents for special products, goods and services in each ministry are complicated and products must be licensed to 2-3 ministries concerned, but between ministries, there is lack of unity, the person handling the case does not have clearly guideline, just request additional adjustments to procedures when nearly the time of the new licensing deadline that make applicants have to run around, do it again several times, these are costly time and cause troubles for advertisers, greatly affect the marketing plan, marketing campaigns and business opportunities of the unit.
