Is it necessary to apply for a license to put up an outdoor billboard?

My company wants to put up a billboard. It’s an outdoor lightbox with an area of 80m2. Do I need to apply for a license? Can you consult me on the procedures and conditions to do? I hope that FDVN Lawyer (FDVN) can advise me and reply me soon. Thank you so much!

FDVN’s Opinions:

Thank you very much for submitting questions to FDVN Law Firm (FDVN). After studying relevant legal regulations, FDVN has some opinions for your consulting request as follows:

[1] Regulations on outdoor advertising installation

1.1. Licensing outdoor advertising constructions

Article 31, Law on Advertising 2012 stipulates:

“1. The construction of outdoor advertising screens, signboards, independent billboards attached to another existing construction must comply with this Law, other relevant law provisions, and the local outdoor advertising planning.

2. The construction of outdoor advertising screens, signboards, independent billboards attached to another existing construction must be issued with the construction license from local competent agencies in charge of construction in the following cases:

a) Building outdoor advertising screens with 20 m² of one side or above;

b) Building signboards, billboards with over 20 m² of one side with metal structure or similar materials and attached to another existing construction.

c) Independent billboards with 40 m² one side or above.”

Thus, in case your company wants to install a billboard of the Company (80m2, at Dien Bien Phu street), it is necessary to apply for a construction permit from the local authority in charge of construction.

[2]. The procedures for the issuance of the advertising construction license

2.1. Application consists of:

Pursuant to Clause 3, Article 31 Law on Advertising 2012, the application for the advertising construction license includes:

“3. The application for the advertising construction license includes:

a) The written application for the advertising construction license;

b) The copy of the Certificate of business registration of the organization or individual applying for the advertising construction license;

c) The authenticated copy of one of the following papers: the land use right certificate, the written agreement or contract for land lease as prescribed by law provisions on land regarding independent advertising constructions; the location lease contract between the investor of the advertising construction and the owner, or the legal owner of the advertising construction attached to another existing construction, or the written bid winning notice for the advertising locations subject to compulsory bidding in the planning;

d) For advertising constructions attached to another existing construction, the written agreement or the contract between the investor of the advertising construction and the owner or the person authorized to manage the existing construction;

dd) The design drawing from the legal design organizations demonstrating the isometric surface, cross-section, orthographic projections, and the foundation projection of the construction together with the signature and seal of the advertising construction investor. For advertising constructions attached to another existing construction, the design drawing must demonstrate the connection of the advertising construction and the existing construction.”

2.2. Procedures:

Pursuant to Clause 4, Article 31 Law on Advertising 2012, the advertising construction license is issued under the following procedures:

“a) The organization or individual applying for the advertising construction license shall submit the dossier at the local competent agency in charge of construction;

b) For advertising locations within the advertising plan approved by the provincial People’s Committee, the local competent agency in charge of construction shall issue the advertising construction license within 15 days as from fully receiving the valid dossier. If the license is not issued, the reasons must be specified in the written response;

c) In case the advertising plan is not yet approved, the local competent agency in charge of construction shall send the written request for the opinion from relevant agencies within 02 working days as from receiving the valid dossier.

Within 05 working days as from receiving the written request for an opinion from the local competent agency in charge of construction, the relevant agencies stated above must send a written response to the local competent agency in charge of construction.

Within 13 days of obtaining the opinion from the relevant agencies stated above, the local competent agency in charge of construction shall issue the advertising construction license. If the license is not issued, the reasons must be specified in the written response.”

[3]. National technical regulation on construction and installation of outdoor advertising facilities:

3.1. General provisions

In addition to the above conditions, in case you want to install billboards, lightboxes, you need to meet the following technical standards:

Pursuant to Circular No. 04/2018/TT-BXD of the Minister of Construction about national Technical Regulation No. QCVN 17:2018/BXD on construction and installation of outdoor advertising facilities regulated as follows:

In Section 1  Circular No. 04/2018 / TT-BXD:

“1. General provisions

1.1 Scope of regulation

1.1.1 This document specifies the compulsory requirements for design, construction and installation of any outdoor advertising facility that is a separate work or attached to an existing work (hereinafter referred to as “outdoor advertising facility”).

1.1.2 Outdoor advertising facilities regulated by this document include:

- Advertising boards: Light boxes;

- Outdoor advertising screens; Signboard;

- Advertising facilities in the form of letters, shapes of symbols

1.1.3 Outdoor advertising facilities specified in this document shall comply with regulations of this document and applicable advertising rules.”

3.2. Terms

“1.4 Definitions

For the purpose of this document, the terms below are construed as follows:

1.4.1. Advertising facility

Any facility used for display of an advertisement various sizes and materials.

1.4.2. Separate outdoor advertising facility

An outdoor advertising facility that is fixed on the ground or floor.

1.4.3. Land of road

Land on which road is built, including the land along the road serving management, maintenance and protection of the road.

1.4.4. Road safety corridor

The strip of land along the roadside for assurance of road traffic safety.

NOTE: If the road safety corridor overlaps the inland waterway safety corridor, the boundary of the safety corridor is the natural banks.

1.4.5. Rail safety corridor

The space, land and water adjacent to the rail for assurance of rail safety, serving rescue and ensuring visibility of road users.

1.4.6. Inland waterway safety corridor

The area of water or land on the sides of the waterway for installation of signs, protection and assurance of traffic safety.

1.4.7. Dyke safety corridor

The area of land on the sides of the dyke for assurance of safety.

1.4.8. High-voltage line safety corridor

The space along the line or around the substation which varies according to the voltage.

1.4.9. Urban roads

Roads within the administrative boundary of an urban area.

1.4.10. Suburban roads

Roads outside the administrative boundary of an urban area.

1.4.11. Low-rise building

A building having up to 07 stories or not taller than 28 m.

1.4.12. High-rise building

A building having more than 07 stories or taller than 28 m.

1.4.13. Story

The space between a floor and its ceiling.”

3.3. General rules:

Pursuant to Section 2 Circular No. 04/2018 / TT-BXD on technical regulations:

“2.1 Rules for construction and installation of outdoor advertising facilities

2.1.1 General rules

2.1.1.1 Outdoor advertising facilities shall be built and installed in accordance with local construction planning.

2.1.1.2 Locations, designs, dimensions, materials and quantity of outdoor advertising facilities shall comply with approved advertisement planning and must not violate road, rail, inland waterway, dyke and high-voltage safety corridors.

2.1.1.3 Locations and management of outdoor advertising facilities shall satisfy the following requirements:

Conserve the urban landscape;

Do not affect the vision of road users; do not affect the traffic and block road signs;

Ensure fire safety, facilitate rescue operations and ensure social safety and order;

Ensure normal business, everyday life and safety of people.

NOTE: Areas of road bridges and tunnels in which advertising facilities are not permitted are specified in Appendix A.

2.1.1.4 Outdoor advertising facilities must not block the roofs except for those in the form of letters, shapes of symbols.

2.1.2 Structure

2.1.2.1 The structure of an outdoor advertising facility must take into account the most adverse impacts according to QCVN 02:2009/BXD and selected technical standards.

2.1.2.2. The foundation, frame and outer side of an outdoor advertising facility must ensure safety and firmness, satisfy the established requirements and stays stable throughout the process of its installation and use.

2.1.2.3 Outdoor advertising facilities shall be maintained and repaired in accordance with applicable regulations of law on construction.

2.1.3 Materials

2.1.3.1 Materials of an outdoor advertising facility shall satisfy its technical requirements and service life.

2.1.3.2 Materials of an outdoor advertising facility shall not deform over time and be able to avoid negative environmental impacts; The observable sides and surfaces of an outdoor advertising facility must be made of materials that are resistant to corrosion and are not corroded by surrounding parts.

2.1.3.3 The paint, ink, decoration and other substances on the surface of the outdoor advertising facility must ensure health safety and environmental safety and be suitable for the materials according to the instructions on the package;2.1.3.4. If the outdoor advertising facility is made of materials with inconsistent thermal expansion factors, there must be a small gap between layers of these materials;

2.1.3.5 Materials of an outdoor advertising facility shall be frequently inspected or and promptly repaired or replaced in case of damage.

2.1.4 Lighting – Power supply - Lightning protection

2.1.4.1. The lighting of an outdoor advertising facility must be suitable for the area, ensure safety, fire safety and must not affect the traffic and other urban activities.

a) The outdoor advertising facility must be lighted by instruments that have high luminance, save energy and are safe for operation and management;

b) Lighting equipment of an outdoor advertising facility must be durable and stable; use sensors or otherwise reduce light pollution; use fire safety blocks and shades;

c) The lighting equipment must be frequently inspected and promptly repaired or replaced in case of damage.

2.1.4.2 An outdoor advertising facilities shall have a separate power supply and circuit breaker.

a) The electrical wires shall be insulated to avoid short circuit in the wire or junction box caused by weather;

b) Connections of an internal lighting system must be insulated and protected from heat from the lights which may cause a fire that spreads to adjacent parts;

c) The lighting system of an outdoor advertising facility shall be frequently inspected and promptly repaired or replaced in case of damage.

2.1.4.3 A outdoor advertising facility shall have a lightning protection system that selected technical standards.

2.1.4.4 The lighting system and lightning protection system shall comply with QCVN 12:2014/BXD; the voltage-level and thickness of the wire must be adequate to avoid overloading.

2.1.5  Fire safety

2.1.5.1 Construction and installation of outdoor advertising facilities shall comply with applicable regulations of law on fire safety and rescue.

2.1.5.2 Outdoor advertising facilities attached to surfaces of other construction works shall comply with electricity, structural and construction safety; must not block or obstruct emergency exits and rescue routes.”

3.4. Specific provisions for means of advertising in the form of words, pictures, and symbols

Pursuant to Section 2.2.1 Circular No. 04/2018 / TT-BXD, billboards and lightboxes should meet the following technical standards:

“2.2.1. Advertising boards and lightboxes

2.2.1.1 Advertising boards and lightboxes must comply with approved advertising planning.

2.2.1.2. Stand-alone advertising boards and lightboxes installed along suburban roads shall comply with requirements in Table 1.

2.2.1.3 Stand-alone advertising boards and lightboxes installed along urban pedestrian walkways shall comply with 2.8.5 and 2.8.7 of QCVN 10:2014/BXD.

2.2.1.4 Stand-alone advertising boards and lightboxes may only be installed along the parts of inland waterways that have embankments and must not block signs and vision of watercraft operators; the minimum distance from the embankment to the edge of the advertising board or lightbox is 10 m.

NOTE: Advertising boards and lightboxes within urban areas shall comply with urban planning and urban architecture management regulations.

2.2.1.5 The distance between the ground and bottom edge of a stand-alone advertising board or lightbox in a public park is 5 – 10 m.

2.2.1.6 The location, design, and size of advertising boards and lightboxes in train stations, airports, bus stations, and rest stops must comply with advertising planning.

Table 1. Technical requirements for stand-alone advertising boards and lightboxes along suburban roads

Type of road	Maximum area of a side m2	Minimum distance from the curb edge to the closest side of the board m	Minimum distance from the road surface to the lower edge of the board m	Minimum distance between two boards along a straight segment m	Minimum distance between two boards along a curved segment m
Freeway	250	25	15	300	200
Class I, II, III (Highway)	200	25	15	200	150
Class III, IV, V (Inner-provincial roads)	120	20	13	150	100
Class IV, V, VI (Inner-district)	100	15	8	100	75
NOTE: The distance between two boards may vary according to terrain but shall not exceed: - ±50 m on highways and freeways; - ±25 m on inner-provincial roads; - ±20 m on inner-district roads;

2.2.1.7 The advertising boards and lightboxes attached to outer sides of a low-rise building shall comply with fire safety and rescue requirements; must not affect the bearing capacity and structure of the building; must be firmly attached to the building and satisfy the following requirements:

2.2.1.7.1 Front and rear sides: 01 horizontal board and 01 vertical board may be placed next to the signboard on each story; This also applies if there is no signboard.

a) For horizontal advertising board or lightbox: Maximum protrusion is 0.2 m; Maximum height is 2 m; Width must not exceed the width of the building;

b) For vertical advertising board or lightbox: Maximum width is 1 m; Maximum height is 4 m but must not exceed the height of the story to which the board/box is attached.

2.2.1.7.2 The sides must be firmly attached to the building.

a) The area of the advertising board or lightbox must not exceed 50% of the area of the building side and must not protrude from the sides of the building;

b) The advertising board or lightbox attached to a building having up to 4 stories must not protrude from the roof more than 1.5 m;

c) The area of the advertising board or lightbox attached to a building having at least 5 stories must not exceed the area of the building side.

2.2.1.8 Advertising boards and lightboxes attached to surrounding walls or fences of a building shall apply the requirements in 2.2.1.7;

Their height must not exceed the height of the surrounding walls or fences;

The bearing capacity of the surrounding walls or fences must be carefully calculated; The advertising facilities must be firmly and tightly attached to the wall or fence.”

Comparing with the above provisions, Pursuant to the provisions of 2.8.5 and 2.8.7 of QCVN 10: 2014 / BXD National technical regulations on construction of works to ensure that the disabled have access to use as follows:

“2.8.5 Independent standing objects on walkways such as stakes, flower beds, and others must have a minimum height of 100 mm and not have sharp edges.

2.8.7 Independent standing obstacles such as billboards, mailboxes, public telephones, etc... must be located outside of the pedestrian crosswalk. The lower edge is not more than 600 mm from the ground, the maximum protrusion is 100 mm and the clearance height on the walkway is 2 000 mm so that the disabled can see to avoid impact.”

Above is the advisory opinion of FDVN regarding your consultation request on the basis of researching the legal provisions. Hopefully, the advice of FDVN will be useful to you.

Dinh Thi Thong

FDVN Law Firm

---

CONTACT US

Lawyers in Da Nang:

99 Nguyen Huu Tho, Quan Hai Chau, Da Nang city

Lawyers in Hue:

336 Phan Chu Trinh, Hue City, Thua Thien Hue

Lawyers in Phu Quoc:

65 Hung Vuong, Duong Dong town, Phu Quoc island district

Lawyers in Quang Ngai:

359 Nguyen Du, Quang Ngai City, Quang Ngai Province.

Lawyers in Ha Noi

Room 501, 5th Floor, No. 11, Lane No. 183, Dang Tien Dong Street, Dong Da District, Ha Noi

Website: www.fdvn.vn    www.fdvnlawfirm.vn  www.diendanngheluat.vn  www.tuvanphapluatdanang.com

Email: fdvnlawfirm@gmail.com    luatsulecao@gmail.com

Phone: 0935 643 666    –  0906 499 446

Fanpage LUẬT SƯ FDVN: https://www.facebook.com/fdvnlawfirm/

Legal Service For Expat:  https://www.facebook.com/fdvnlawfirmvietnam/

TỦ SÁCH NGHỀ LUẬT: https://www.facebook.com/SayMeNgheLuat/

DIỄN ĐÀN NGHỀ LUẬT: https://www.facebook.com/groups/saymengheluat/