There are still different and incomplete understandings of signboards, and that's the reason why many people stand in front of signs (signboards) on the road and wonder how to write or create such signboards legally. Who is responsible for building and directing the implementation of the advertising plan for signboards? Will the cafe's owner, who arbitrarily hangs a signboard on a tree placed in front of the cafe, be punished? NP Law's article will analyze legal regulations regarding signboards and common questions related to them.
There are still different and incomplete understandings of signboards, and that's the reason why many people stand in front of signs (signboards) on the road and wonder how to write or create such signboards legally. Who is responsible for building and directing the implementation of the advertising plan for signboards? Will the cafe's owner, who arbitrarily hangs a signboard on a tree placed in front of the cafe, be punished? NP Law's article will analyze legal regulations regarding signboards and common questions related to them.
1. Regulations on outdoor signboards
Here are the most important and necessary regulations on signboards that you should know when intending to use different types of outdoor signboards, especially the signboard regulations on pano and billboards that you should pay attention to to avoid getting caught:
1.1. Position of outdoor signboards
Pursuant to Clause 2, Article 23 of Decree 103/2009/ND-CP stipulating Regulations on cultural activities and public cultural service businesses, and placements of signboards are prescribed as follows: a signboard must be written, and placed close the gate or the front of the head office or business location of an organization or an individual; each agency or organization is only entitled to have one signboard at its gate, head office or business location independent from other organizations or individuals. Besides, such entities are only allowed to write and place one horizontal signboard and no more than two vertical signboards.
1.2. Letter characteristics and contents of outdoor signboards
Pursuant to regulations on signboards in Clause 1, Article 23 of Decree 103/2009/ND-CP stipulating Regulations on cultural activities and public cultural service businesses: Signboards must be aesthetically pleasing and must be written in Vietnamese, abbreviated names and international transaction names with foreign words must be written below in a smaller size than Vietnamese words.
Contents of signboards: Name of the governing authority (if any); Full name in Vietnamese as indicated in the establishment decision or business registration certificate granted by a competent agency; Type of business or cooperative; Major business lines or sectors (production and business facilities of goods and services); Transaction address and phone number (if any); In addition, such a signboard shall present a logo already registered with a competent authority, a logo’s area not more than 20% of a signboard's area, without any information or advertising images for any kind of goods or services.
1.3. Sizes of outdoor signboards
Pursuant to Article 34 of the Law on Advertising 2012 as amended and supplemented in 2018 on signboard sizes as follows:
- A signboard must have the following contents:
+ Name of the governing authority (if any)
+ Name of the production and business facilities consistent with the business registration certificate;
+ The address and phone number.
- Words on the signboards must be written as prescribed in Article 18 of this Law.
- Signboard sizes are specified as follows:
+ For horizontal signboards, the maximum height is 02 meters (m) and the length must not exceed the facade’s width;
+ For vertical signboards, the maximum width is 01 meters (m) and the maximum height is 04 meters (m) but it must not exceed the height of the floor where a signboard is located.
- A signboard must not block the emergency exit and firefighting space, must not encroach on sidewalks and roadways affecting the public transport.
- Placements of signboards must comply with the provisions of this law and technical regulations issued by the competent authority.
2. Common questions in signboard regulations
2.1. Who is responsible for building and directing the implementation of the advertising plan on signboards?
Pursuant to Article 38 of the Law on Advertising 2012, as amended and supplemented in 2018, the responsibilities for building and directing the implementation of outdoor the advertising plan are prescribed as follows:
- The provincial People's Committee is responsible for:
+ Building and approving the local outdoor advertising plan on signboards within 12 months from the effective date of this Law;
+ Adjusting the advertising plan in stages appropriate with local development;
+ Listing planning documents and detailed planning drawings at the head office of the People's Committee at all levels and announcing them on the local mass media;
+ Directing, urging and checking the implementation of the outdoor advertising plan.
- Ministry of Construction is responsible for:
+ Promulgating technical regulations on outdoor advertising means within 06 months from the effective date of this Law;
+ Coordinating with the Ministry of Culture, Sports and Tourism, the Ministry of Transport and relevant Ministries to guide locals on implementing the advertising plan according to technical regulations issued by the Ministry of Construction.
In addition, Article 18 of Decree 181/2013/ND-CP detailed regulating steps to implement the process of construction, approval and implementation of the outdoor advertising plan, as follows:
+ Step 1: Building a draft of the outdoor advertising planning Scheme;
+ Step 2. Collecting public opinions of relevant agencies, organizations and individuals;
+ Step 3. Completing dossiers and approving the outdoor advertising plan;
+ Step 4. Publicizing the approval decision, listing the outdoor advertising planning Schemes and detailed drawings at the head office of the People's Committee at all levels and publishing them in the local mass media;
+ Step 5. Implementing the plan and organizing tenders for outdoor advertising positions included in the plan in accordance with the Law on tenders.
2.2. How to write advertising signs legally
Pursuant to Article 34 of the Law on Advertising 2012 as amended and supplemented in 2018, signboards of organizations and individuals in production and business sectors are prescribed as follows:
- A signboard must have the following contents
+ A name of the governing body (if any);
+ Name of the production and business facilities consistent with the business registration certificate;
+ The address and phone number.
- Words on the signboards must be written as prescribed in Article 18 of this Law.
- Signboard sizes are specified as follows:
+ For horizontal signboards, the maximum height is 02 meters (m) and the length must not exceed the facade’s width;
+ For vertical signboards, the maximum width is 01 meters (m) and the maximum height is 04 meters (m) but it must not exceed the height of the floor where a signboard is located.
- A signboard must not block the emergency exit and firefighting space, must not encroach on sidewalks and roadways affecting the public transport.
- Placements of signboards must comply with the provisions of this law and technical regulations issued by the competent authority.
As indicated in regulations on signboards, the advertising signboards of enterprises must fully meet those requirements.
2.3. Will the cafe's owner, who arbitrarily hangs a signboard on a tree placed in front of the cafe, be punished?
Pursuant to Clause 16, Article 8 of the Law on Advertising 2012, as amended and supplemented in 2018, prohibited acts in advertising activities include hanging, placing, gluing and drawing of advertising products on utility poles, traffic signal poles and trees in public places.
Accordingly, the act of arbitrarily hanging a signboard into a tree in front of the shop is prohibited in advertising with fines based on decree 28/2017/ND-CP, in which Clause 1 and point B, Clause 2 of Article 51 of Decree No. 158/2013/ND-CP are amended as follows:
a) From 1,000,000 VND to 2,000,000 VND for people hanging, placing, gluing and drawing advertising on products, goods and services;
b) From 5,000,000VND to 10,000,000VND for people owning advertising products, goods and services.
So, the cafe's owner, who arbitrarily hangs signboards on a tree in front of the shop, is not only fined for hanging a signboard on a tree with a fine of from 1 million Vietnamese dong to 2 million Vietnamese dong, but also can be fined from 5 million Vietnamese dong to 10 million Vietnamese dong for owning advertised goods and services.
As mentioned above are common questions for rules on signboards. If you do not know the process and need legal advice on such issues, you can contact the professional lawyer and specialist team of NPLaw to explain and protect your rights. Thank you
