Advertising experts and lawyers all say that the law only regulates the size, position and safety of the billboard, not the color regulation.
In recent days, public opinion stirred because on Le Trong Tan street (Thanh Xuan, Hanoi), Thanh Xuan District People's Committee stipulated: The signboard system was installed according to the synchronous design with a sea height of 1.1 m; the maximum width is equal to the building width; the bottom edge of the signboard is 3.0-3.2 m. Notably, the colors are designed with 2 basic colors, blue or red background and white text.
Talking to the press about this regulation, Dr. Le Dang Doanh stated: “What legal basis allows the city to intervene in the business activities of enterprises. Now people have electronic billboards, in different sizes, in different positions, is it forbidden? ".
"Country Street"
Agreeing with Mr. Doanh, brand expert Vo Van Quang analyzed: International law allows the protection of the individual colors of each brand and that has been acknowledged by the Department of Intellectual Property around the world.
“Planning on the size, location and safety of advertising signs is fine, but colors are not. There are places that prohibit advertising (depending on each country, per locality) or prohibit the promotion of some content.
People have the right to be proactive about advertising ideas and advertising techniques. Le Trong Tan street type planning is a country town ", Mr. Quang asserted.
According to Mr. Quang, the above provisions have been clearly stated in the legal documents of the Ministry of Culture - Sports - Tourism and the Vietnam Advertising Association. The People's Committee of Thanh Xuan District, contrary to the above regulations, is "illegal".
"Uniform" billboards express a scratching mindset
Meanwhile, lawyer Tran Tuan Anh - Thien Thanh Law Partnership Company said that the law as well as reality show that the billboard is the business card of the business in particular and of any one. agency, unit or even of each household or individual.
It is used to distinguish between one business and another, and in many cases also reflects the creative thinking of business owners.
Because of that, according to lawyer Tuan Anh, the law on advertising always gives businesses the freedom to choose color, decoration, size and some other criteria on the sea. This is the most primitive manifestation of freedom to do business.
This lawyer affirmed that the law only regulates how billboards must apply for permission, how the billboards do not need to apply for permission and correspondingly is where to apply, which agency has licensing rights for each type of billboard.
“There is no regulation that requires businesses to hang only white, black, yellow, and red signs. This is simply understood that because the life is colorful, it is impossible to force the billboard to have only two colors, ”said lawyer Tuan Anh.
Mr. Tran Tuan Anh emphasized that the forcing enterprises to only hang billboards according to the specified color with the same size shows the "balance thinking" in the leaders' thoughts.
In a different angle, for many days, on the website of the Vietnam Advertising Association, the home page has posted the article: "Questionnaire survey on National technical regulations on construction and installation of advertising facilities. out side".
On October 31, 2013, the Ministry of Construction issued a Circular promulgating the National Technical Regulation on the construction and installation of outdoor advertising means. After a period of implementation, the Association and many institutions have reported to the Ministry of Construction and the Ministry of Culture - Sports - Tourism about some shortcomings of the Regulation.
To overcome this, the Ministry of Construction assigns the National Institute of Architecture to review, adjust and supplement QCVN 17: 2013 / BXD. Now, the National Institute of Architecture has submitted a written request to the Association and its members to comment on, propose supplementation and adjustment to the content of the Code.
This is a very good opportunity for advertisers - especially those doing outdoor advertising, to directly comment with the Code drafting agency to remove difficulties for businesses.
Cre: http://news.zing.vn/
