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	<title>Advertisement Law &#8211; Spress</title>
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		<title>Strictly handle, continue to improve the legal corridor</title>
		<link>https://en.spress.net/strictly-handle-continue-to-improve-the-legal-corridor/</link>
		
		<dc:creator><![CDATA[Linh An]]></dc:creator>
		<pubDate>Tue, 15 Jun 2021 17:03:20 +0000</pubDate>
				<category><![CDATA[Vietnam]]></category>
		<category><![CDATA[advertisement]]></category>
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					<description><![CDATA[The situation of advertising in general, and advertising of functional foods in particular, in violation of the law, is still complicated, although the Food Safety Department (Food Safety) and the Ministry of Health regularly check and handle it. In addition, there is the phenomenon of some artists and celebrities participating in the promotion and introduction [&#8230;]]]></description>
										<content:encoded><![CDATA[<p><strong>The situation of advertising in general, and advertising of functional foods in particular, in violation of the law, is still complicated, although the Food Safety Department (Food Safety) and the Ministry of Health regularly check and handle it.</strong><br />
<span id="more-22745"></span> In addition, there is the phenomenon of some artists and celebrities participating in the promotion and introduction of products that often exaggerate their uses, especially with dietary supplements&#8230; causing irritation in public opinion. These acts need to be condemned and strictly handled in accordance with the law.</p>
<p> <strong> Don&#8217;t advertise&#8230; dose</strong> In addition to participating in advertising on the mass media, some artists and celebrities also introduce products through livestreams on social networks. In addition to food supplements, they also accept advertisements for many products related to cosmetics, virtual currency&#8230; Recently, the public has been very upset with the fact that some artists have participated in advertising and hyped the public. Shioka effervescent tablets claim that the product can &#8220;dissolve fibroids, cysts&#8221;. After being criticized, some people had to apologize or silently delete promotional videos on their personal social networking sites. On the website of the Food Safety Department at vfa.gov.vn, people are constantly warned not to buy or use food products advertised in violation of the law, including Shioka effervescent tablets. as above. Recently, the Food Safety Department has sanctioned 3 violating companies (with addresses in Hanoi), specifically: Sanctioning Locifa Pharmaceutical Joint Stock Company 162 million VND; Gob International Hi-Tech Joint Stock Company 150 million VND; Phamaco International Trading Company Limited 60 million VND. The violation committed by all three companies is to advertise misleading health food products that act as medicines. Assessing this situation, Assoc. Prof, Dr. Nguyen Thanh Phong, Director of the Food Safety Department said: &#8220;Violations on advertising of dietary supplements are increasingly complicated even though we regularly check and handle them. The inspection and handling of infringing advertisements on the internet and social networks face many difficulties and take a long time. People need to raise their vigilance, when they have an illness, they should go to the hospital for early examination and treatment, do not arbitrarily buy drugs or floating advertising food products.&#8221; Lawyer Dang Van Cuong, Chief of the Law Office of Chinh Phap, Hanoi Bar Association said: &#8220;It is very normal for artists and celebrities to sign advertising contracts for brands and businesses to help them. have additional legitimate income. However, when participating in advertising, artists must be responsible and carefully study the legal regulations in order to advertise properly and bring positive effects. If an artist or celebrity accidentally or intentionally violates the provisions of the Law on Advertising, advertises prohibited products, goods or services, or performs prohibited acts in advertising or advertising without knowing If you clearly understand the use and value of the product, falsely advertise, etc., it will have very bad consequences for society and lose your reputation, and even be held responsible before the law.&#8221; <strong> Strictly handle violations </strong> Regarding this issue, recently, the Ministry of Culture, Sports and Tourism issued Official Letter No. 1854/BVHTTDL-NTBD requesting localities to step up the propaganda, dissemination and education of the sense of law observance. the law on performing arts, advertising, and cyber security to organizations and individuals engaged in cultural and artistic activities. Strengthen inspection and examination, promptly detect, prevent and strictly handle organizations and individuals that violate the provisions of Decree No. 144/2020/ND-CP dated December 14- 2020 of the Government regulations on performing arts activities, the law on advertising and other relevant legal regulations&#8230; Lawyer Nguyen Van Thang, Hanoi Bar Association analyzed, according to the provisions of point a, clause 1, Article 10 of the Law on Protection of Consumer Rights, the act of advertising products is not verified for origin. The actual use and exaggeration of the product&#8217;s use of some artists in the past time can be considered as aiding and accompaniment to businesses providing products and services when &#8220;deceiving or confusing consumers&#8221;. through advertising”. This is prohibited behavior and should be strictly punished according to the regulations. If the violator has been administratively handled but still repeats the offense, he will be criminally handled. If the person providing the product or service is prosecuted for criminal liability, it is likely that the artists participating in the promotion and introduction will also be jointly responsible. “According to Article 8, the Law on Advertising 2012 (amended in 2018), the act of advertising improperly about the quality and utility of products and goods is strictly prohibited. Violators can be sanctioned for administrative violations, if this act causes harm to health and life, consumers can sue the manufacturer together with the person who has false advertising to prevent that. claim for damages. In addition, Article 197 of the Criminal Code Consolidation Document also clearly stipulates that anyone who falsely advertises goods or services has been administratively sanctioned for this act or has been convicted of a criminal offense. If this crime has not been remitted but still commits it, the offenders shall be subject to a fine of between VND 10 million and VND 100 million or non-custodial reform for up to 3 years. Offenders may also be fined from VND 5 million to VND 50 million, banned from practicing certain occupations or doing certain jobs for 1 to 5 years,” added lawyer Nguyen Van Thang. Talking to reporters, lawyer Le Van Len, Director of Capital Law Firm, Ho Chi Minh City Bar Association said: &#8220;The law on advertising still reveals many shortcomings and limitations, especially before the development of the law. development of the internet and social networks as well as influencer marketing (using influencers to advertise products and services). Therefore, along with strictly handling violators according to current regulations to deter and prevent, we must also continue to improve the provisions of the law on advertising to keep up with the development of the Internet. society&#8221;.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">22745</post-id>	</item>
		<item>
		<title>Strictly comply with regulations on advertising on electronic newspapers</title>
		<link>https://en.spress.net/strictly-comply-with-regulations-on-advertising-on-electronic-newspapers/</link>
		
		<dc:creator><![CDATA[NGỌC LIÊN]]></dc:creator>
		<pubDate>Thu, 10 Jun 2021 22:40:09 +0000</pubDate>
				<category><![CDATA[Tech]]></category>
		<category><![CDATA[Administrative Violations]]></category>
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					<description><![CDATA[Decree 38/2021/ND-CP dated March 29, 2021 of the Government regulating the sanctioning of administrative violations in the field of culture and advertising (Decree 38) takes effect from June 1, 2021. After its promulgation, Decree 38 received the attention of the public, including the press and media agencies, about a number of regulations on sanctioning administrative [&#8230;]]]></description>
										<content:encoded><![CDATA[<p><strong>Decree 38/2021/ND-CP dated March 29, 2021 of the Government regulating the sanctioning of administrative violations in the field of culture and advertising (Decree 38) takes effect from June 1, 2021. After its promulgation, Decree 38 received the attention of the public, including the press and media agencies, about a number of regulations on sanctioning administrative violations on advertising on electronic newspapers. Specifically, Clause 2, Article 38 stipulates: A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for one of the following acts: a) It is not designed so that readers can actively turn on or off the advertisement. in a fixed area; b) The waiting time to turn on or off the advertisement not in a fixed area exceeds 1.5 seconds; c) Design and arrange the advertising part mixed with the news and article content.</strong><br />
<span id="more-22529"></span> Decree 38/2021/ND-CP dated March 29, 2021 of the Government regulating the sanctioning of administrative violations in the field of culture and advertising (Decree 38) takes effect from June 1, 2021. After its promulgation, Decree 38 received the attention of the public, including the press and media agencies, about a number of regulations on sanctioning administrative violations on advertising on electronic newspapers. Specifically, Clause 2, Article 38 stipulates: A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for one of the following acts: a) It is not designed so that readers can actively turn on or off the advertisement. in a fixed area; b) The waiting time to turn on or off the advertisement not in a fixed area exceeds 1.5 seconds; c) Design and arrange the advertising part mixed with the news and article content.</p>
<p> Some online newspapers and media agencies think that the regulation of the time to turn on and off ads not in a fixed area of ​​the online newspaper within 1.5 seconds is too fast, which will affect the advertising effectiveness. , reducing revenue, affecting the press economy and the development of electronic newspapers in the context of digital technology, especially when newspapers and businesses are facing many difficulties in financial autonomy due to the epidemic. like nowadays. Meanwhile, cross-border social networks and digital platforms are occupying an overwhelming market share in the advertising field such as Google, Facebook or Youtube&#8230; due to a simpler and more convenient mechanism than electronic newspapers because they are not regulated. by this provision. Therefore, it will inadvertently push the same ad units to redirect to cross-border ad networks. It should be affirmed that the activities of posting and broadcasting advertisements in the press must comply with the provisions of the Press Law and the provisions of the law on advertising. The purpose of Decree 38 is to protect readers and viewers from the current state of rampant and difficult-to-control advertising on electronic newspapers. Decree 38 does not restrict advertising activities of electronic newspapers, but stipulates that advertising needs to meet two requirements of viewers: One is that there is a key to turn it off (on), second, if there is an operation to turn it off (on), must respond immediately within 1.5 seconds, avoiding the case that readers have to watch ads that are forced, inhibiting, unable to fully and continuously receive information sources. This content is specified in Clause 1, Article 23 of the Law on Advertising 2012; and the sanctioning of violations is also available in Clause 3, Article 55, Decree No. 158/2013/ND-CP of the Government on sanctioning of administrative violations in the fields of culture, sports, tourism and advertising . It can be seen that the regulations on handling of violations mentioned above are not new to Decree 38, but have been implemented since 2013. Objects, acts and sanctioning levels in the two decrees are the same and suitable. accordance with the provisions of the Law on Advertising. Thus, the implementation of Decree 38 in the current context will not affect the revenue of electronic newspapers. Newspapers in general and electronic newspapers in particular are essential information channels, operating under the Press Law. For each type of press, there are separate regulations on advertising. Social networking platforms, Youtube channels, etc. have different operational purposes and interactive objects, so it is not possible to rigidly apply regulations on advertising on social networks like newspapers. However, in the trend of digital transformation of newspapers, electronic newspapers are dominating thanks to the popularity of the internet and mobile devices. Advertising on electronic newspapers is effective due to its fast and wide coverage. Activities of digital media are also changing day by day. Therefore, the Ministry of Culture, Sports and Tourism needs to coordinate with the Ministry of Information and Communications in researching, amending and supplementing the contents of advertising activities in the press, coordinating with relevant ministries and branches to regulate the advertising activities in the press. adjust and complete the legal framework for advertising activities in accordance with reality; suitable to the needs, psychology and tastes of modern readers as well as complying with the law, cultural and ethical standards of society. That necessary adjustment will also contribute to promoting fair and legal business activities of enterprises as well as healthy economic activities of press agencies. It is known that the Ministry of Information and Communications will review the provisions of Decree 38, including the content of advertising on social networks and cross-border digital platforms, inspect, check and promptly handle the time of violations of the law on advertising, propose amendments in line with the current development trend, creating fairness in press and communication activities.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">22529</post-id>	</item>
		<item>
		<title>Amendment of the Law on Advertising: It should be implemented soon sớm</title>
		<link>https://en.spress.net/amendment-of-the-law-on-advertising-it-should-be-implemented-soon-som/</link>
		
		<dc:creator><![CDATA[Thái Khang – Hồ Văn - Du Lam]]></dc:creator>
		<pubDate>Mon, 07 Jun 2021 13:59:09 +0000</pubDate>
				<category><![CDATA[Tech]]></category>
		<category><![CDATA[advertisement]]></category>
		<category><![CDATA[Advertisement Law]]></category>
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		<category><![CDATA[Decree No 158 2013 ND CP]]></category>
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					<description><![CDATA[The Ministry of Culture, Sports and Tourism will review the Law on Advertising and guiding documents to recommend and propose amendments to regulations in line with reality, creating strength for the press economy to compete with cross-border platforms. gender. The 1.5-second limit means it&#8217;s nearly impossible for advertisers to deliver any message to viewers that [&#8230;]]]></description>
										<content:encoded><![CDATA[<p><strong>The Ministry of Culture, Sports and Tourism will review the Law on Advertising and guiding documents to recommend and propose amendments to regulations in line with reality, creating strength for the press economy to compete with cross-border platforms. gender.</strong><br />
<span id="more-21304"></span> <img decoding="async" loading="lazy" src="https://photo-baomoi.zadn.vn/w700_r1/2021_06_03_23_39062972/df7c8859991b7045290a.jpg" width="625" height="273"> </p>
<p> <em> The 1.5-second limit means it&#8217;s nearly impossible for advertisers to deliver any message to viewers that they can click &#8220;next&#8221; or continue watching.</em> <strong> The &#8220;suspended&#8221; regulation for nearly a decade suddenly applied will cause unfairness</strong> In fact, the handling of violations of regulations on advertising not in fixed areas &#8220;waiting to turn off or open ads on electronic newspapers up to 1.5 seconds&#8221; has been regulated since 2013 at <em> Decree No. 158/2013/ND-CP </em> not until <em> Decree No. 38/2021/ND-CP</em> newly issued. The Ministry of Culture, Sports and Tourism, the unit in charge of drafting these documents, said that the provisions of the new Decree have followed the process of the Government.<em> Law on Promulgation of Legal Documents</em> . However, not all policy beneficiaries are aware of the drafts during the consultation process. According to Mr. Tran Trong Dung, Chairman of the Ho Chi Minh City Journalists Association, there are press agencies that have not yet been consulted. The regulation has been in place since 2013 and many press agencies do not know, which can be explained by the fact that advertising has not taken place in accordance with the regulations. Thus, the regulations are set but not enforced, the press has made mistakes for a long time without handling, which means that the law has been inadequate since its issuance. Then suddenly applying it will cause unfairness to advertising on other electronic forms. <strong> 1.5 seconds time is not reasonable</strong> Studies show that, if an ad attracts attention in the first 5 seconds, readers will decide to continue or not. Research on video advertising by Facebook and Nielsen has also come up with quite interesting numbers that , 47% of the value of a video campaign is transmitted within the first 3 seconds and 74% of the value of a video campaign is communicated through the first 10 seconds. This study also shows: When readers watch the first 3 seconds of a video on Facebook, 65% of these will watch at least 10 seconds, 45% watch 30 seconds. Another Twitter study also found a strong link between watching the first 3 seconds of a video and whether or not viewers watched the entire video. With 1.5 seconds, the viewer only had time to open and close. The 1.5-second limit means it&#8217;s nearly impossible for advertisers to deliver any message to viewers that they can click &#8220;next&#8221; or continue watching. Commenting on this issue, Mr. Vo Thanh Hai, Director of Viettel Media said that 1.5 seconds is not enough to convey a certain message to viewers. And so viewers will not receive the information they need to decide whether to continue or ignore. <em> “Social networks like Google or Facebook have carefully studied the psychology of viewers so that they give the time to turn on or off ads. Psychological studies have shown that with an ad on or off time of 5-6 seconds, it will make viewers accept it. If the time to turn off or open the ad is too long, it will make the ad viewer inhibit and hate it. Thus, the advertising effect will not be as expected. But if the time to turn on or off the ad is less than 5 seconds, it will not be enough for the ad units to convey their short message to the viewers. Obviously, the terms and conditions need to be carefully studied.”</em> Mr. Hai analyzed. <strong> Discrimination will cripple the journalism economy</strong> The Ministry of Culture, Sports and Tourism explained that social networks, YouTube are not press agencies, the criteria for operation as well as the audience for participation and interaction are also different. Therefore, the regulation and application of advertising activities on social networks is not the same as that of press agencies. In fact, in terms of content and direction, the Vietnamese revolutionary press has clear operating principles and purposes; comply with legal regulations. In terms of business, competition is fierce; even the mechanism of non-business units is more constrained to the press than other types of enterprises. So, if the legal corridors on advertising keep that mindset, it will cripple the journalism economy. Forecasting difficulties approaching the press in the context that the Covid-19 epidemic has not stopped, some newspapers have stated: <em> “Limit advertising in the press, Google, Facebook are happy to benefit?”, “Rules of the game to eliminate competition”, etc.</em> The chairman of the Ho Chi Minh City Journalists Association described the state of journalism at that time as &#8220;shrink&#8221;. And Mr. Nguyen Truong Son, Standing Vice President and General Secretary of the Vietnam Advertising Association estimated specific numbers: If these provisions are implemented, more than 80% of advertising revenue now goes to Facebook, Google. <strong> Should soon accept and amend</strong> Mr. Nguyen Truong Son said that the Vietnam Advertising Association has sent documents to the authorities to soon propose the government to amend the Law on Advertising, creating a legal corridor for the press, media and advertising industry. operate smoothly. <em> “This Law on Advertising has been in effect for nearly 10 years but has not yet imposed a fine on any press agency. Decree 38 is specific and has sanctions. However, the regulation that the timeout to turn off or open ads in a fixed area exceeding 1.5 seconds is inadequate. If the press agency is not fined, it is a violation of the law, but applying sanctions will cause difficulties for the press agency.</em> Mr. Son said. On June 1, the Ministry of Culture, Sports and Tourism said that it will conduct a review of 10 years of implementation of the Law on Advertising and guiding documents in order to grasp the changes of advertising activities, new means and methods of advertising to from there, there are recommendations and proposals to amend the regulations in line with reality in 2022. The Chairman of Ho Chi Minh City Journalists Association stated that there should be more seminars to listen to and exchange ideas from relevant parties. Especially the opinions of the press agencies, in order to develop appropriate guidelines, overcome the inadequacies with the subjects governed by the text and promote the advantages.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">21304</post-id>	</item>
		<item>
		<title>Inadequate advertising regulations, revenue will continue to flow to Google and Facebook pockets?</title>
		<link>https://en.spress.net/inadequate-advertising-regulations-revenue-will-continue-to-flow-to-google-and-facebook-pockets/</link>
		
		<dc:creator><![CDATA[Đỗ Phong -]]></dc:creator>
		<pubDate>Thu, 03 Jun 2021 20:04:10 +0000</pubDate>
				<category><![CDATA[Tech]]></category>
		<category><![CDATA[Administrative Violations]]></category>
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					<description><![CDATA[With a number of shortcomings in the regulations on sanctioning administrative violations in the field of culture and advertising, which will officially take effect from June 1, it will affect the development of the advertising industry, significantly affecting revenue. of electronic newspapers, when 80% of these sources are and are being poured into the pockets [&#8230;]]]></description>
										<content:encoded><![CDATA[<p><strong>With a number of shortcomings in the regulations on sanctioning administrative violations in the field of culture and advertising, which will officially take effect from June 1, it will affect the development of the advertising industry, significantly affecting revenue. of electronic newspapers, when 80% of these sources are and are being poured into the pockets of Facebook, YouTube&#8230;</strong><br />
<span id="more-20374"></span> <img decoding="async" loading="lazy" src="https://photo-baomoi.zadn.vn/w700_r1/2021_06_01_3_39031959/f11cb2a9a2eb4bb512fa.jpg" width="625" height="646"> </p>
<p> Online advertising will be crowned From June 1, Decree 38 on sanctioning of administrative violations in the field of culture and advertising will officially take effect. However, a few days ago, the Vietnam Advertising Association in its petition pointed out a number of shortcomings in this new Decree, which is the sanctioning regulation &#8220;Waiting time to turn off or open ads is not fixed area exceeding 1.5 seconds” and “Design and layout advertising mixed with news content”. <strong> 80% OF CAKES ARE INTO FACEBOOK, GOOGLE BAGS</strong> According to the analysis in the petition of the Vietnam Advertising Association signed by Standing Vice Chairman of the Association Nguyen Truong Son as well as shared by businesses in the industry, the regulations on &#8220;Waiting time to turn off or open advertising reports that do not stay in a fixed area beyond 1.5 seconds” is unrealistic, too short to be able to convey the message. Compared with cross-border advertising platforms, the current interface allows viewers to skip ads in as little as 5 seconds. Sharing with VnEconomy, an expert in the field of advertising said that, in theory, businesses will spend advertising money on channels that have many viewers, and bring high efficiency. So when advertising in any channel is difficult, businesses will look to another channel… According to the report Vietnam Digital Marketing Trends 2021, the size of the online advertising market in Vietnam in 2020 is estimated at 820 million USD. It is forecasted that in 2021, this revenue will reach about 955 million USD. In which, up to 80% of the &#8220;piece of cake&#8221; of revenue goes to Google, Facebook &#8230; In the context of industrial revolution 4.0, online advertising is increasingly popular. Leading in terms of market share, online advertising sales in Vietnam are currently cross-border platforms Facebook and Google. And with the above regulation, this expert said that in the coming time, not only 80% of advertising money will flow into the pockets of &#8220;giants&#8221; but even more. Although the state encourages brands to advertise in Vietnamese newspapers, with such tightening regulations, businesses and brands will have to turn to advertising on cross-border platforms such as Facebook, YouTube&#8230; Thus, if advertising in the press of domestic enterprises is being tightened by the strict regulations of this Decree, cross-border advertising enterprises are naturally benefited by the standard , their operating principles as well as we have not been able to handle the violations of these platforms when they are not based in Vietnam. This has created an unequal competition between domestic advertising enterprises/press agencies and cross-border advertising networks… A representative of the Vietnam Advertising Association said that this will certainly affect the revenue of electronic press agencies that mainly rely on advertising. If the advertisement is published on electronic newspapers for only 1.5 seconds and is not inserted into the content, then no business wants to advertise because it will not be effective. Mr. Nguyen Quang Nhat, Chairman of Ho Chi Minh City Outdoor Advertising Club shared, the number of advertising businesses and agencies in Vietnam is quite large, but in fact, collecting 10 dong, they had to spend 7 dong on Google and Facebook. Advertising funding for news agencies will be increasingly difficult. According to a business with more than a decade of experience in online advertising, the press is currently caught between the problem of charging readers and users and collecting advertising fees. Since there are no user fees, newspapers can only charge from advertising activities. In the advertising fee collection there are a number of formats and if specified to only 1.5 seconds is too short, lacks factual basis and needs to be studied to extend the time. Currently, advertising platforms on OTT like YouTube are usually 5-6 seconds and have a warning to users that they can/will be off after how many seconds&#8230; <strong> KEY KEYS NEED TO CORRECT ADVERTISING LAW</strong> International practice, with free press similar to Vietnam, advertising is allowed to be interspersed with news/article content and customized based on the audience reading the newspaper. Readers have the right to click to view or skip the advertising content. The act of &#8220;Designing and arranging advertisements mixed with news content&#8221; is one of the administrative violations to be handled. Although this regulation is aimed at protecting the interests of readers, it is not fair in ensuring the rights of individuals/organizations purchasing advertising services as well as businesses providing advertising services. The tools to reach customers through mainstream media products are narrowed, causing obstacles and difficulties for the advertising industry. According to businesses, this new regulation will help readers have a cleaner online newspaper space, no longer bothered by ads. This Decree will prevent the phenomenon of many news sites abusing the form of contextual advertising, confusing readers as well as consumers. In the coming time, these regulations will also become obsolete because the trend of online advertising will take the throne with many different forms of attracting attention; application of technology platforms, cross-border Internet platforms. Therefore, it will become increasingly difficult for the press to call for advertising as advertising will flow into other applications. This business thinks that, with pages that have too many ads and are annoying, it is easy for bored readers to leave and not re-enter. A newspaper without readers cannot call for advertising and hardly survive. Newspapers themselves will have to adjust this issue accordingly and especially improve the quality of information content. Advertising and content must always be tied together. If the information is not good, the number of viewers is small, the advertising is no longer available, the press will have a hard time surviving and vice versa. However, even newspapers that invest in quality articles and respect their readers, with this advertising regulation, will still violate&#8230; In fact, the waiting time to turn off or open ads in a fixed area does not exceed 1.5 seconds, which is specified in the Law on Advertising, the implementing Decree and is now repeated. But because it is unreasonable, in the past 10 years, no unit has been fined under this regulation. However, according to Mr. Son, when Decree 38 was issued, we understand that the government is very interested in this, focusing on discipline, all citizens must obey the law, from June 1 onwards. All parties must strictly comply and violations will be punished. To overcome the above shortcomings, a representative of the Vietnam Advertising Association said that Decree 38 is a sub-law document, so it is impossible to violate the law. Therefore, the most important thing is to petition the Government to submit to the National Assembly to amend the Law on Advertising.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">20374</post-id>	</item>
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		<title>Decree 38/2021/ND-CP: Regulation of &#8216;1.5 seconds&#8217; does not limit advertising activities of electronic newspapers</title>
		<link>https://en.spress.net/decree-38-2021-nd-cp-regulation-of-1-5-seconds-does-not-limit-advertising-activities-of-electronic-newspapers/</link>
		
		<dc:creator><![CDATA[editor]]></dc:creator>
		<pubDate>Tue, 01 Jun 2021 19:15:14 +0000</pubDate>
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		<guid isPermaLink="false">https://en.spress.net/decree-38-2021-nd-cp-regulation-of-1-5-seconds-does-not-limit-advertising-activities-of-electronic-newspapers/</guid>

					<description><![CDATA[Regarding the regulations on advertising activities in the press in Decree 38/2021/ND-CP (Decree 38), advertising experts and many press agencies believe that these regulations will cause difficulties. difficult for the press economy when officially applied. Director of the Department of Grassroots Culture Ninh Thi Thu Huong (Ministry of Culture, Sports and Tourism) discussed with Culture [&#8230;]]]></description>
										<content:encoded><![CDATA[<p><strong>Regarding the regulations on advertising activities in the press in Decree 38/2021/ND-CP (Decree 38), advertising experts and many press agencies believe that these regulations will cause difficulties. difficult for the press economy when officially applied. Director of the Department of Grassroots Culture Ninh Thi Thu Huong (Ministry of Culture, Sports and Tourism) discussed with Culture Newspaper around these contents.</strong><br />
<span id="more-19847"></span> <img decoding="async" loading="lazy" src="https://photo-baomoi.zadn.vn/w700_r1/2021_05_29_125_39009615/ae69b9daae9847c61e89.jpg" width="625" height="376"> </p>
<p> <strong> Public opinion is having a lot of opinions about the regulations related to advertising activities in the press mentioned in Decree 38. Illustration</strong> <strong> .PV: </strong> <strong> <em> Dear Director, there are many opinions about the regulations related to advertising activities in the press mentioned in Decree 38, which will take effect on June 1. In particular, the main contents of interest are related to advertising activities on electronic newspapers. Could you tell me more specifically about the current regulations on advertising on electronic newspapers that are being applied?</em> </strong> <strong> &#8211; Director of Ninh Thi Thu Huong:</strong> According to the Law on Press, e-newspaper is a type of press using writing, images, and sound, which is transmitted on the network environment, including electronic newspapers and electronic magazines (Clause 6, Article 3). . Electronic newspapers and other types of newspapers may publish and broadcast advertisements. However, the posting and broadcasting of advertisements must comply with the provisions of the Press Law and the provisions of the law on advertising (Article 44 of the Press Law). Accordingly, the Law on Advertising has specific and separate regulations for each type of press, suitable to the nature, functions and characteristics of each type, especially regulations on content and area. , duration, ad rate. For example, for printed newspapers, the advertising area must not exceed 15% of the total area of ​​a newspaper publication or 20% of the total area of ​​a magazine publication, except for newspapers and magazines specialized in advertising; and must have signs to distinguish advertising from other contents (Clause 1, Article 22 of the Law on Advertising). For audio and video newspapers, Article 22 of the Law on Advertising stipulates: <em> the advertising duration must not exceed 10% of the total duration of the broadcast program per day, except for the advertising duration on channels and programs specialized in advertising; must have signs to distinguish advertising contents; regulations on programs not to broadcast advertising; regulations on the number of breaks, the time of advertising in feature films, entertainment programs, regulations on the position and area of ​​advertising in the form of running words or a series of moving images close to the bottom of the screen.</em> For electronic newspapers, Clause 1, Article 23 of the Law on Advertising stipulates that advertisements on electronic newspapers must: <em> Do not design, arrange advertising parts mixed with news content; For ads that are not in a fixed area, it must be designed so that readers can actively turn off or open the ad, the maximum waiting time to turn off or open the ad is 1.5 seconds.</em> Thus, according to the above regulations, the e-newspaper is arranged to advertise in a fixed, separate area, not mixed with the news content. For this ad, there is no restriction on the length of the ad nor is it designed so that readers can actively turn on or off the ad. But for ads that are not in a fixed area, it must be designed so that readers can actively turn off or open the ad, the maximum waiting time to turn off or open the ad is 1.5 seconds. <strong> <em> .Many opinions believe that the regulation of the on and off time of advertisements not in a fixed area of ​​the electronic newspaper is 1.5 seconds too strict, reducing advertising revenue and affecting the development of the newspaper. electronic? What is your opinion about these comments?</em> </strong> <strong> &#8211; </strong> The purpose of this regulation is to protect viewers because the press is an information product about events and issues in social life. Readers when viewing newspapers are always serious in receiving information. Therefore, all types of newspapers have regulations on fixed areas (space, duration) dedicated to advertising, but regulations on advertising that are not in fixed areas will not be available in print or print newspapers. Let&#8217;s try to imagine a news program on television or an editorial in a print newspaper with advertising images covering the whole frame, how will viewers react? <img decoding="async" loading="lazy" class="lazy-img" src="https://photo-baomoi.zadn.vn/w700_r1/2021_05_29_125_39009615/e432f781e0c3099d50d2.jpg" width="625" height="644"> <strong> Director of the Department of Grassroots Culture Ninh Thi Thu Huong</strong> Regulations for online newspapers are still allowed to advertise not in fixed areas, but must <em> “Make sure to design so that readers can actively turn on or off ads. The maximum time to turn off or open the ad is 1.5 seconds.</em> Please note here must be very careful from <em> &#8220;active&#8221;,</em> Because it&#8217;s the reader&#8217;s right. If they are watching important news, they can immediately turn off the ad so it doesn&#8217;t affect them, if they don&#8217;t want to turn it off, the ad can continue to play without time control. Therefore, it can be seen that this regulation does not limit advertising activities of electronic newspapers, but only meets two requirements of viewers: one is to have a key to turn off (on); Second, if there is an on or off operation, they must respond immediately within 1.5 seconds, to avoid the case that readers have to watch ads that are forced, inhibiting, and cannot fully and continuously view information. that they want to receive. <strong> <em> .Compared between Decree 38 and Decree 158/2013/ND-CP (Decree 158), regulations on violations for advertising not in fixed areas on electronic newspapers, there is no difference. Thus, the regulation on &#8220;turning off and on after 1.5 seconds&#8221; was not issued until Decree 38?</em> </strong> <strong> &#8211; </strong> Right. Clause 3, Article 55 of Decree 158 stipulates: <em> A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for one of the following acts: Failing to design so that readers can actively turn off or open advertisements not in a fixed area; The timeout to turn off or open the ad not in a fixed area exceeds 1.5 seconds.</em> Until Decree 38, Clause 2, Article 38 also stipulates: <em> A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for one of the following acts: Failing to design so that readers can actively turn off or open advertisements not in a fixed area; Waiting time to turn off or open ads not in a fixed area exceeds 1.5 seconds; Design and layout the ad mixed into the news and article content.</em> Thus, the handling of violations against regulations on advertising not in fixed areas has been regulated since 2013 in Decree 158, not until Decree 38 was issued. It can be seen that the handling of the above behavior in the two Decrees is the same, there is no change. Decree 158 and Decree 38 are documents under the Law, on subjects, acts and sanctioning levels are consistent with the provisions of the Law on Advertising and the Law on Handling of Administrative Violations. <em> . So, according to the provisions of Article 23 of the Law on Advertising and Clause 2, Article 38 of Decree 38, specifically, how will the act of advertising on an e-newspaper be sanctioned, ma&#8217;am?</em> <strong> Director General Ninh Thi Thu Huong:</strong> In fact, according to the feedback of readers and the monitoring and inspection process of the management agency, the act of advertising that is not in a fixed area of ​​the electronic newspaper will be sanctioned if it does not meet two requirements: Not necessary. design keys to be able to actively turn off (on) ads; When there is an operation to turn on or off but the off (on) time is not guaranteed to be 1.5 seconds. Of course, in the processing process, it will have to take into account the speed of the transmission, the quality of the data network access to measure the time and consider whether the behavior is intentional or due to the objective factors of the electronic press agency to consider. , handle accordingly. <em> . Along with concerns about advertising revenue of electronic newspapers will be narrower, many other opinions also wonder about social networking platforms such as Youtube, Google &#8230; are not regulated by this regulation? Could you please share your views on these concerns?</em> <strong> Director General Ninh Thi Thu Huong: </strong> We must clearly recognize that the press in general and the electronic press in particular is an essential means of information for social life; is the mouthpiece of the Party, the State, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations; is a forum for the people according to the provisions of the Press Law. With such an important role, it is necessary to have separate regulations on advertising for each type of press, in accordance with the functions, structure, principles and operational purposes of the press agency. Social networking platforms such as Youtube, Google &#8230; are currently thriving, occupying a large advertising market share, but these platforms are not press agencies, operating criteria as well as participants. , the interaction is also different. On the other hand, the operation of social networking sites is governed by a system of regulations on management, provision and use of Internet services and information on the network. Therefore, the regulation and application to advertising activities on social networks is not the same as that of the press agency, but it must still aim at ensuring the truthfulness and accuracy of information, protecting the interests of the media. to the recipient, without causing harm to national security, social order and safety in accordance with the Law on Advertising. <strong> <em> .Can you tell me that in the near future, the solutions will be strengthened by the Ministry of Culture, Sports and Tourism to further improve the efficiency of state management of advertising activities, especially the efficiency of the enforcement of legal documents. related?</em> </strong> <strong> &#8211; </strong> There will be many enhanced solutions, of which the first solution is to continue to propagate and disseminate to relevant organizations in order to agree on awareness to strictly enforce the provisions of the law on advertising. . In 2022, the Ministry of Culture, Sports and Tourism will conduct a review of 10 years of implementation of the Law on Advertising and guiding documents in order to grasp changes in advertising activities, new means and methods of advertising, from which to make recommendations. , propose amendments to the regulations in line with reality. The Ministry of Culture, Sports and Tourism will also strengthen coordination with relevant ministries and branches to amend and complete the legal framework for advertising activities as well as in coordination in inspection, examination and timely handling of illegal acts. violate the law on advertising. At the same time, the Ministry will also conduct training activities to improve professional expertise and state management skills in advertising for cadres and civil servants from central to local levels. <em> . Thank you very much, Chief!</em> <strong> <em> “… The current regulation for online newspapers is that advertising is still not allowed in fixed areas, but it must be designed so that readers can actively turn on or off ads. The maximum time to turn off or open the ad is 1.5 seconds. Please note here that the word &#8220;active&#8221; must be very careful, because that is the right of the reader. If they are watching important news, they can immediately turn off the ad so it won&#8217;t affect, if they don&#8217;t want to turn it off, the ad can continue to play without time control &#8230; &#8220;.</em> </strong> <strong> TOLD HIM </strong> <strong> <em> (perform)</em> </strong></p>
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		<title>Bac Tu Liem district joined the army to clean the environment and removed the classified ad to celebrate the election day</title>
		<link>https://en.spress.net/bac-tu-liem-district-joined-the-army-to-clean-the-environment-and-removed-the-classified-ad-to-celebrate-the-election-day/</link>
		
		<dc:creator><![CDATA[Tin, ảnh: Trần Thảo]]></dc:creator>
		<pubDate>Sat, 24 Apr 2021 14:15:11 +0000</pubDate>
				<category><![CDATA[Vietnam]]></category>
		<category><![CDATA[AD]]></category>
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		<guid isPermaLink="false">https://en.spress.net/bac-tu-liem-district-joined-the-army-to-clean-the-environment-and-removed-the-classified-ad-to-celebrate-the-election-day/</guid>

					<description><![CDATA[On the morning of April 24, the People&#8217;s Committee of Xuan Dinh ward, Bac Tu Liem district launched a general team of environmental sanitation, removed advertising ads, handled billboards and advertising signs incorrectly. This is an activity to celebrate the 46th anniversary of the Liberation of the South, reunification of the country on April 30, [&#8230;]]]></description>
										<content:encoded><![CDATA[<p><strong>On the morning of April 24, the People&#8217;s Committee of Xuan Dinh ward, Bac Tu Liem district launched a general team of environmental sanitation, removed advertising ads, handled billboards and advertising signs incorrectly.</strong><br />
<span id="more-7745"></span> This is an activity to celebrate the 46th anniversary of the Liberation of the South, reunification of the country on April 30, to welcome the election of deputies to the XV National Assembly and People&#8217;s Councils at all levels for the term 2021-2025.</p>
<p> Over the past time, Xuan Dinh ward has stepped up the propaganda work widely among the people in many forms about regulations on preservation.<strong> environmental sanitation</strong> , content criteria on urban civilization, roadside management, pavement, advertising activities, writing and placing signs. Especially propaganda about the Law on Advertising &#8230; In addition, the mass organizations, the functional forces in the ward organized many waves of propaganda, urge, remind and strictly deal with cases of incident. situation violating the rules. Thanks to that, the urban face in the ward has been progressively more pronounced compared to previous years. <img decoding="async" loading="lazy" src="https://photo-baomoi.zadn.vn/w700_r1/2021_04_24_11_38622493/483a9746b104585a0115.jpg" width="625" height="364"> <em> Numerous functional forces, unions, people participate in environmental sanitation</em> However, due to the fact that there are a number of corporate organizations and a small part of the people who are not well aware, recidivism is caused by recidivism such as: Encroaching on the roadside, on the sidewalk to do business, advertising, writing and placing. bad signs, advertising boards, arbitrary waste disposal still happens, affecting traffic safety, urban beauty and environmental sanitation, requiring the whole political system to participate regularly and strongly. powerful with many effective solutions. Implementing the Plan No. 03 / KH-UBND of Bac Tu Liem district, Xuan Dinh ward organizes the rush stage to implement urban civilization and order with the participation of functional forces and unions. and People in the ward to well implement the contents of the plans of the People&#8217;s Committees of districts and wards. The opening ceremony once again clearly demonstrated the construction and preservation of a neat, airy, clean and beautiful environment, ensuring urban civilization is the right and responsibility of both the political system and the People. the whole ward. Therefore, in order to achieve high results, there must be a strong and serious involvement of the functional forces in the ward, the leaders of the Fatherland Front, the staff of the Fatherland Front, the members of the mass organizations in the propaganda and advocacy. , urging reminders as well as checking violation handling. At the ceremony, Chairman of the People&#8217;s Committee of Xuan Dinh Ward Tran Trung Tuyen launched the rushing campaign to implement urban civilization in the ward with the following objectives: General cleaning and cleaning the environment for all alleys, living places. community culture, garbage feet if any to ensure clean weather. To thoroughly handle cases of illegal use of pavements, roadbeds (including spaces) for the private interests of organizations and individuals. Handling cases of placing signs, advertisement boards in contravention of regulations. After the launching ceremony, the TDPs actively propagated and continued to do general cleaning of the environment in each sub-division so that Xuan Dinh ward would really clear and beautiful. After the military launch, each individual is responsible for the management and regular maintenance of environmental sanitation and urban civilization. Xuan Dinh ward suggested all departments and unions to participate with the highest determination and sense of responsibility to achieve high efficiency, in order to build and maintain a neat, clean, green and clean landscape and environment of the whole ward. , pretty. Immediately after the launching ceremony, 335 officers and members of the Women&#8217;s Union, veterans, youth, police, self-governing, street protection, construction inspection &#8230; participated in environmental sanitation and removal. advertising advertisements, handling boards and signs in contravention of regulations on the implementation of urban civil order and order in the ward. <strong> Some pictures of Bac Tu Liem district working on environmental sanitation, removing classified ads to celebrate the election day:</strong> <img decoding="async" loading="lazy" class="lazy-img" src="https://photo-baomoi.zadn.vn/w700_r1/2021_04_24_11_38622493/fd12256e032cea72b33d.jpg" width="625" height="467"> <em> Functional forces remove classified advertisements, handle boards and signs in contravention of regulations.</em> <img decoding="async" loading="lazy" class="lazy-img" src="https://photo-baomoi.zadn.vn/w700_r1/2021_04_24_11_38622493/a18666fa40b8a9e6f0a9.jpg" width="625" height="416"> <img decoding="async" loading="lazy" class="lazy-img" src="https://photo-baomoi.zadn.vn/w700_r1/2021_04_24_11_38622493/0deec992efd0068e5fc1.jpg" width="625" height="416"> <img decoding="async" loading="lazy" class="lazy-img" src="https://photo-baomoi.zadn.vn/w700_r1/2021_04_24_11_38622493/dcbc1ec03882d1dc8893.jpg" width="625" height="416"> <em> The Youth Union of Xuan Dinh ward participated in environmental sanitation and removed advertising ads.</em> <img decoding="async" loading="lazy" class="lazy-img" src="https://photo-baomoi.zadn.vn/w700_r1/2021_04_24_11_38622493/50289354b5165c480507.jpg" width="625" height="416"></p>
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