How can I hang up a signboard to avoid a penalty?

Posted date: 21/09/2020

I opened a coffee shop and needed to hang some advertisement, which has the name of the shop, address on it, and a large size for more people to see. However, the militia of the ward came and reminded me to replace the advertisement according to the legal size. I would like to ask if it is correct?, what is the correct posture and if I still keep the same board, will I be penalized?

FDVN’s opinion:

Thank you for concerning FDVN’s legal services. Regarding your consulting requests, after studying the relevant legal documents, FDVN Law Firm would like to give you the following advice:

[1] Legal provisions on advertising billboards

Because you did not mention the size of the billboard you are hanging in your cafe shop, but being reminded means it is large or affects others, so you need to design the billboard in accordance with Article 34 of Law on Advertising 2012, placing signboards of organizations and individuals doing business and production as follow:

“Article 34. Signboards of organizations and individuals doing business and production

1. The signboard must include the following contents:

a) The name of the direct line agency (if any);

b) The name of the production facility or the business establishment consistent with the Certificate of business registration;

c) The address and phone number.

2. The text on the signboard must comply with Article 18 of this Law.

3. The signboard sizes are specified as follows:

a) For horizontal signboards, the maximum height is 02 meters (m), the length must not exceed the width of the house front;

b) For vertical signboards, the maximum width is 01 meter (m), the maximum height is 04 meters (m) but must not exceed the height of the floor where the signboard is located.

4. The signboard must not block the emergency exit and fire fighting space, must not violate the pavement, the road or affect the public traffic.

5. The signboard location must comply with this Law and the technical regulations promulgated by competent agencies”.

So, The signboard must include the following contents, more important is the size. It is not the signboard be bigger, it is easier to see, but it must be suitable for the standard size, not violating, encroaching on, obstructing other works or other rescue work, ...

[2] Administrative sanctions

With the above provisions, you will follow the content and the size of the signboard, if you violate on hanging signboard, you may be administratively sanctioned at least 1,000,000 VND and possibly up to 40,000,000 VND. The sanction levels for violations are specified in Article 60 of Decree 158/2013 / ND-CP on penalties for administrative violations pertaining to culture, sports, tourism and advertising as follows:

“Article 60. Violations against regulations on advertising boards, banners, and advertising screens

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

a) Hanging, installing an advertising board or banner at another location than that approved by a competent authority;

b) Failing to specify the name or address of the advertising service provider on the advertising board or banner, except for the case mentioned in Point b Clause 2 Article 68 of this Decree;

C) Failing to notify the local competent authority of the advertisement contents on the board or banner, or providing incorrect information.

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

a) Using an advertising board or banner that exceeds the permissible area at the location approved by a competent authority;

b) Failing to remove the advertising board or banner after the period written in the notification.

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

a) Placing the symbol, logo, or brand name of the advertiser at improper positions on the advertising board or banner that contains political or social propagation;

b) Placing the symbol, logo, or brand name of the advertiser at improper positions on the advertising board or banner that contains political or social propagation;

c) Placing adverting boards or banners against the regulations on protection of historic sites, traffic safety corridor, dykes, national grid; blocking the traffic lights, public roads or road signs;

d) Changing the advertisement contents notified that have been notified to the competent authority;

dd) Using fake documents in the notification of advertisements on advertising boards or banners.

4. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed for using sounds in advertisements on outdoor advertising screens.

5. A fine of from 15,000,000 VND to 20,000,000 VND shall be imposed for installing advertising screens, the area of one side of which is ≥ 20 m², without a license to construct advertising works.

6. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed for fastening signboards or advertising boards with metal frames or similar materials, the area of one side of which is ≥ 20 m², to an existing construction without a license to construct advertising works.

7. A fine of from 30,000,000 VND to 40,000,000 VND shall be imposed for installing independent advertising boards, the area of one side of which is ≥ 40 m² without a license to construct advertising works.”

Besides, you are also subject to the remedial measure that removes the infringing signboards.

Above is FDVN Law Firm's opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN's advice would be helpful to you.

FDVN Law Firm

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