On November 25th, the National Assembly continued its 8th session, discussing the draft Law on Amending and Supplementing a Number of Articles of the Law on Advertising.
As part of the discussions, NA Deputy Nguyen Minh Tam from Quang Binh Province, gave an example of a recent incident on the Nghi Son-Dien Chau expressway, where the Hai Son Corporation had installed traffic signs with the message “Enter Hai Son Road – 10-year warranty.” Subsequently, these signs were removed due to regulations regarding road warranties.
Traffic sign displaying “Enter Hai Son Road – 10-year warranty”
The concept of advertising, as defined in Clause 1, Article 2 of the 2012 Law on Advertising, states: “Advertising is the use of means to introduce to the public products, goods, and services for profit-making purposes; non-profit products, services; and organizations or individuals doing business in the introduced products, goods, and services, except for news, social policies, and personal information.”
According to Ms. Tam, this definition is still very vague and challenging to apply in practice. Currently, there are differing opinions on interpreting what constitutes advertising when situations arise.
Therefore, the deputy from Quang Binh Province suggested that the drafting agency should research and supplement this content into the draft law to ensure practicality and consistency in its application.
NA Deputy Nguyen Minh Tam (Photo: Media Congress)
Prior to this, regarding the phrase “Hai Son Road – 10-year warranty” on the signs of the Nghi Son-Dien Chau expressway, Mr. Le Hong Diep, Head of the Road Traffic Management Department, Vietnam Road Administration, stated that according to Article 45 of the Law on Road Traffic, traffic signs belong to the category of road traffic signs.
Additionally, the Law on Road Traffic stipulates: “It is forbidden to attach to road traffic signs any content unrelated to the meaning and purpose of the road traffic sign.”
As a result, the Hai Son Corporation’s placement of the phrase “Enter Hai Son Road – 10-year warranty” on the expressway’s traffic signs was deemed inappropriate according to the law.
Furthermore, according to the National Technical Regulation QCVN 41:2019 on road signs, there is no provision for recording the warranty period for a project or making commitments regarding the warranty period on the signs.
According to Mr. Diep, neither the Law on Construction nor any other construction-related legal regulations stipulate the requirement to post a warranty commitment on a construction project.
Regarding the Nghi Son-Dien Chau expressway project, which was implemented with public investment, Decree No. 44/2024 stipulates the management, use, and exploitation of traffic infrastructure assets. It states that for construction projects invested with state capital, the completed construction works formed from state capital must have their asset dossiers established and handed over to the state asset management agency.
“The statement made by the Hai Son Corporation, claiming that the signs on the Nghi Son-Dien Chau expressway are the company’s assets, is incorrect,” affirmed Mr. Diep.
Adding Regulations on Classified Advertising
NA Deputy Tran Thi Thanh Huong from An Giang Province agreed with the proposed amendments to the Law on Advertising, stating that these changes are practical and aim to address existing shortcomings and inconsistencies. This will contribute to the development of Vietnam’s advertising market for the benefit of society as a whole.
Regarding classified advertising, Clause 16, Article 8 of the 2012 Law on Advertising, prohibits the act of “hanging, placing, pasting, or drawing advertising products on electricity poles, power poles, traffic signal poles, and public trees.”
Deputy Huong pointed out that the demand for classified advertising and related services among the people is significant and essential.
Therefore, she suggested that the drafting agency should continue studying and supplementing the regulations on classified advertising. This includes clearly defining the responsibilities of local authorities in allocating locations for classified advertising and implementing stringent penalties for violations. This will create a legal framework for lawful, civilized, and effective classified advertising that does not negatively impact the urban aesthetic.
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