Currently, buildings have a trend of installing LED screens (Light Emitting Diode flat screens using light emitting diode technology that does not need background light) outside for advertisement service business.

In this article, BLawyers Vietnam will point out 03 notes for installation and advertising business on outdoor LED screens.

1. Conditions for installing LED screens specializing in advertising

Pursuant to Law on Advertising 2012, the construction of outdoor advertising screens attached to pre-existing constructions must comply with the provisions of the law and the outdoor advertising planning of each locality. Thus, in addition to the regulations of Vietnamese law, the business party must learn more about the advertising planning policy at the place where the advertising screen is located.

Regarding the national technical regulation on construction and installation of outdoor advertising means, the business party must satisfy some main conditions as follows:

• Principles of construction and installation of outdoor advertising media such as general principles, principles of structure, materials, lighting, power supply, lightning protection, fire safety;
• Specialized advertising screens placed outdoors must not use sound;
• Specialized advertising screens placed outdoors, mounted on the exterior of low-rise buildings, must ensure safety regulations on fire prevention and rescue; must not affect the bearing capacity and structure of the work; must be permanently and firmly linked to the work; and
• Other conditions on the front, back, side, area, height, etc. of the advertising screen will depend on each building and the specific screen.

2. Construction permit for advertising works for the construction of LED screens specializing in advertising

When building an outdoor advertising LED screen with an area of 20 m2 or more on one side, attached to a construction site, the business party must apply for a construction permit from the local competent construction authority. Depending on the level of work, this permit will be decentralized by the People’s Committee of the province, which authorizes the Department of Construction, the Management Board of industrial parks, export processing zones, high-tech zones, economic zones, and district-level People’s Committees to issue construction permits; or for grade III, grade IV works, permits will be granted by district-level People’s Committees.

In the case of organizing the construction of advertising works without a license to build advertising works, they will be administratively sanctioned with a fine ranging from VND80,000,000 to VND100,000,000.

3. Doing advertising service business on advertising screens

To do business in advertising service in Vietnam, the business party as an enterprise must register the advertising business line. In addition, the business party should pay attention to the conditions for performing advertising activities such as:

• Advertisements about business activities of goods and services must have a certificate of registration for advertising service business.
• Advertisements for all kinds of products, goods and services must have documents proving standard and regulation conformity of products, goods and services as prescribed by law.
• For an advertisement of a property that is required by law to have a certificate of ownership or use right, a certificate of ownership or right to use the property is required.
• Advertising for special products, goods and services as prescribed by the Law on Advertising, such as drugs, chemicals and pesticides, must have documents and certificates as prescribed.

This article is for information sharing only, it is not official advice from our lawyers. Should you have any questions about the above contents, please revert to BLawyers Vietnam at consult@blawyersvn.com. We are more than happy to hear from you!

Date: 19 May 2023

Writer: Minh Truong