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Is advertisement in apartment elevator illegal?

Fri, 14 Sep 2018 08:54:09 AM GMT + 7    Print   Email   Share:

 (Chinhphu.vn) – Through receiving and responding system to recommendations of businesses, the IPIC Law Firm (in Hanoi) would like to request related agencies to explain some regulations on advertising services in the apartment elevator.

IPIC's client is an investor from South Korea, specializing in real estate business, is planning to invest in a high-end condominium project in Hanoi. After the project is successful, the investorwants to use the elevator to do advertising business (put the LCD screen in the elevator and let the LCD panel rent to advertise the product), so does the use of elevator of apartment for business advertisement in accordance with the law of Vietnam?

According to the IPIC Law Firm, based on Clause 6, Article 6 of the Law on Housing; Clause 4, Article 8 of the Law on Advertising, the function of the elevator is used to transport people and goods, the installation of billboards for exploitation and business is contrary to the functions and purposes of elevatorsuse.

On the other hand, the area of elevator is limited, the use of electricity to run the screen advertising can be aesthetic and affect the normal movement (traffic safety) should be prohibited under the above rules.

The IPIC Law Firm would like to know, is the view of the Company correct? Can investors use apartment elevators to advertise?

The Ministry of Construction responds to this issue as follows:

On the management of using elevators’ condominiums, as defined in Clause 2, Article 100 of the Law on Housing 2014, the elevator is the equipment under the common ownership of condominiums.

In Item 6, Article 6 of the Law on Housing 2014, it is strictly prohibited to use the area and equipment owned and used for private use. Thus, in principle, the use of elevators must ensure the correct function and purpose of general use as transport.

For the advertisement in the elevator, in the case of South Korean investor as stated in the question of the company is allocated land by the State with collection of land use fees in accordance with the Lawon Land and Law onHousing for the execution of investment projects on the construction of dwelling houses for sale or for sale in combination with lease, after completion of the investment in the construction and putting into use, basing themselves on the provisions of law on dwelling houses, South Korea holds condominium conferences in accordance with Clause 3, Article 102 of the Law on Housing 2014 to decide the placing of LCD screens in elevators for advertising business.

In cases where South Korean’s investor is leased land by the State for investment in construction of dwelling houses for lease according to the provisions of the land legislation, after completion of the investment in the construction and putting into use, the South Korea investor is the owner of the above mentioned rental housing project.

 

  • By : Online Newspaper of the Government / Translator: HaiYen-Bizic

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Circular No 24/2015/TT-BTTTT on Regulations on management and use of Internet resources

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