Notify Advertising Products on Billboards

The procedure to notify advertising products on billboards is a mandatory administrative process required before launching outdoor advertising campaigns. This procedure is a notification for state management oversight of content and format, not an application for a permit. This analysis from Long Phan Consulting Company details the requirements regarding authority, dossiers, procedures, and related legal considerations.

Competent Authority for the Notification Procedure

Based on Subsection 1.6, Section 1, Part II of Decision No. 3808/QD-BVHTTDL of 2023, the competent authority is defined as:

• Deciding and Implementing Authority: The Department of Culture, Sports and Tourism or the Department of Culture and Sports (depending on the local administrative structure).

Unlike other administrative procedures with tiered approval, for this activity, the Department of Culture, Sports and Tourism is the sole body responsible for every stage, from receiving the dossier and appraising the content to issuing a written response. Therefore, all organizations and individuals must submit their dossiers directly to this authority.

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Required Dossier Components

According to Subsection 1.3, Section 1, Part II of Decision No. 3808/QD-BVHTTDL of 2023, a valid dossier includes the following documents:

• A written notification of the advertising product specifying the content, time, location, and number of billboards or banners.
• A copy of the business registration certificate of the advertising service provider or the advertiser (if self-implementing).
• A copy of documents proving the product’s, goods’, or service’s conformity with standards and regulations, or documents proving eligibility for advertising as stipulated in Article 20 of the Law on Advertising 2012.
• A copy of the event organization plan if the advertisement is for an event or social policy.
• A color-printed maquette of the advertisement signed by the advertising service provider or the advertiser. If the entity is an organization, it must bear the organization’s official seal.
• A document proving ownership or usage rights for the billboard or advertising location (for banners).
• A perspective drawing of the billboard’s placement.
• A copy of the construction permit for the advertising structure for billboards that require such a permit under Clause 2, Article 31 of the Law on Advertising 2012.

Number of dossiers to submit: 01 set.

>>> See more: Form No. 01, Appendix III issued together with Circular No. 13/2023/TT-BVHTTDL.

Dossier Submission Method

As regulated in Subsection 1.2, Section 1, Part II of Decision No. 3808/QD-BVHTTDL of 2023, the method to notify advertising products on billboards is through direct submission to the Department of Culture, Sports and Tourism / Department of Culture and Sports.

“Direct submission” means the applicant files the dossier at the department’s Receipt and Results Section (the “one-stop shop”). This method ensures the applicant immediately receives a receipt, confirming the exact time the state agency begins processing the dossier.

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Procedural Steps

The procedure, outlined in Subsection 1.1, Section 1, Part II of Decision No. 3808/QD-BVHTTDL of 2023, proceeds as follows:

• Step 1: Prepare and Submit the Dossier The organization or individual prepares one complete dossier as listed above. The dossier must be submitted directly to the Department of Culture, Sports and Tourism at least 15 days before the intended advertising date.
• Step 2: Dossier Reception and Processing The Department of Culture, Sports and Tourism receives the dossier. Within 05 working days from the date of receiving a complete and valid dossier, the Department is responsible for reviewing it and providing feedback.
• Step 3: Receive Results The authority will provide a written response. Two outcomes are possible:
  • If the advertising content is compliant, the written response will grant approval for the advertising as notified.
  • If disapproved, the written response will state the reasons, cite the legal basis, and specify the required amendments.

Regulations on Fees

According to Subsection 1.8, Section 1, Part II of Decision No. 3808/QD-BVHTTDL of 2023, the procedure to notify advertising products on billboards and banners is free of charge. This means applicants do not pay any state fees or charges.

However, clients must distinguish between “state fees” and “actual costs.” Despite being fee-free, businesses will incur costs related to dossier preparation, including:

• Printing costs, especially for the color maquette.
• Travel expenses for direct submission.
• Legal consulting fees if a law firm is engaged to ensure compliance and avoid rejection or revision requests.

Consulting Services

Long Phan Consulting Company delivers professional legal services to help clients notify advertising products on billboards quickly, effectively, and in full legal compliance. With extensive experience working with state agencies, we optimize the process and minimize legal risks for your advertising campaign.

Our specialized consulting and support services at Long Phan Consulting include:

• Legal Compliance and Content Review
  • Advising on the Law on Advertising regarding specific products, services, and proposed content.
  • Scrutinizing the advertising maquette to identify and eliminate risk factors against legal prohibitions.
  • Verifying the validity of supporting legal documents, such as certificates of conformity and construction permits.
• Dossier Preparation and Representation
  • Drafting the official notification document for the advertising product according to the standard template.
  • Assisting in the scientific arrangement and compilation of all required documents to ensure accuracy.
  • Acting on the client’s behalf to submit the dossier directly to the Department of Culture, Sports and Tourism.
• Process Monitoring and Result Delivery
  • Tracking the dossier processing status within the 5-working-day timeframe.
  • Proactively communicating with the competent authority for any necessary clarifications.
  • Receiving the official response from the Department and delivering it to the client with advice on subsequent actions.

Frequently Asked Questions

Below are common questions about the procedure to notify advertising products on billboards.

How long before the planned advertising date must the notification dossier be submitted?

The dossier must be submitted to the Department of Culture, Sports and Tourism at least 15 days before the intended advertising date. Legal Basis: Subsection 1.1, Section 1, Part II, Decision No. 3808/QD-BVHTTDL of 2023.

What is the processing time for the notification dossier?

Within 05 working days of receiving a complete and valid dossier, the Department of Culture, Sports and Tourism will review and provide a written response. Legal Basis: Subsection 1.1, Section 1, Part II, Decision No. 3808/QD-BVHTTDL of 2023.

Which agency receives the notification dossier for advertising products?

The dossier must be submitted directly to the Department of Culture, Sports and Tourism or the Department of Culture and Sports. This is the sole authority for the procedure. Legal Basis: Subsection 1.6, Section 1, Part II, Decision No. 3808/QD-BVHTTDL of 2023.

What are the mandatory requirements for the advertising maquette in the dossier?

The maquette must be printed in color and signed by the advertiser (or advertising service provider). If the entity is an organization, it must bear the organization’s official seal. Legal Basis: Subsection 1.3, Section 1, Part II, Decision No. 3808/QD-BVHTTDL of 2023.

Are there any state fees for this notification procedure?

No. The procedure is free of state fees and charges. The applicant only covers the actual costs incurred during dossier preparation. Legal Basis: Subsection 1.8, Section 1, Part II, Decision No. 3808/QD-BVHTTDL of 2023.

Conclusion

Adhering to the procedure to notify advertising products on billboards is a legal obligation for all entities. A professionally prepared dossier ensures timely approval and demonstrates corporate compliance. For detailed assistance, please contact Long Phan Consulting via our hotline: 1900636389 for the most professional support.