Handling illegal advertising: 'Kidnapping and abandoning the disc'
(Baonghean) - From May 5, 2017, Decree 28/2017/ND-CP on handling illegal advertising and classified ads officially took effect with more specific definition of violations, higher penalties and clearer and more expanded sanctioning authority, also expected to rectify the current "chaotic" situation of illegal advertising. However, after more than half a month, the implementation still faces many difficulties...
All kinds of violations
When it comes to advertising, Vinh City is the place with the greatest demand for all types of advertising. However, regardless of the form, licensed or unlicensed, violations are still quite common. The case of Ms. Lam Thi Thanh (Block 13, Trung Do Ward) who was recently fined by the city's interdisciplinary inspection team at the end of April is an example. According to the inspection team's inspection report, at that time, despite not having the approval of the authorities, Ms. Lam Thi Thanh still arbitrarily hung advertising banners in the wrong locations on Le Hong Phong Street and Le Nin Street.
| Advertising spots planned by the People's Committee of Trung Do Ward (Vinh City). Photo: My Ha |
In addition, there are many other violations, the most common of which is in classified advertising. On April 26, the People's Committee of Hung Loc commune imposed a fine of VND 2,000,000 (the highest level) on Mr. Trinh Van Loi (hometown in Dien Hanh commune, Dien Chau district) for administrative violations in hanging, placing, and painting advertising products on electric poles, traffic signal poles, and public trees, affecting the urban beauty.
According to statistics, from 2014 to present, Vinh city has imposed fines of 35 million VND for advertising violations. Along with that, there are dozens of other cases handled at the grassroots level, most of which are concentrated in wards and communes such as Hung Loc, Hung Phuc, Quan Bau, Truong Thi, Hung Binh, Le Loi... Statistics also show that although Vinh city is home to many billboards with many different types of advertising, management is still difficult.
However, on many streets, it is not difficult to see images of messy boards, signs, and billboards, with inconsistent areas, not ensuring urban aesthetics and traffic safety. Moreover, the situation of banners and advertisements hanging overlapping each other occurs frequently, and classified ads, written and printed advertisements are also posted haphazardly on fences, walls and public places without any preventive measures.
Mr. Bui Quang Phuong - Head of the City's Department of Culture and Information said: The above situation happened because there was no specific planning for signs. Management of activities still had many limitations and lacked determination. The awareness of service owners was still poor, only thinking about business benefits without thinking about ensuring urban aesthetics.
| Throughout the province, although from 2013 to now, the work of inspection, examination and handling of violations has also been of interest to the cultural sector. However, due to the small force, the number is still modest with the total number of inspection establishments stopping at only 42 establishments and the fines amounting to nearly 40 million VND. Through inspection and assessment, it is also shown that due to lack of understanding of the law or for profit, the situation of organizations and individuals violating advertising activities still occurs. Common are advertising activities on banners and small advertisements hung in shops, restaurants, and stores. Or, the situation of advertising without notification, expired advertisements so they are not removed; mobile advertisements placed arbitrarily, encroaching on sidewalks... |
Handling the "kidnap and drop the disk" style
With many diverse types and forms, in reality, punishing advertising violations is still very difficult. Among them, the most difficult is handling violations of classified advertising and leaflet distribution.
| Classified advertisements are posted on every street. Photo: My Ha |
In Trung Do ward (Vinh city), it is determined that the subjects who post classified ads often choose to do so at night. In addition to the main force of cultural officers and urban regulations teams, the local government also mobilizes the masses to actively participate, mainly patrolling at night. According to Mr. Tu Hoa Lam - Vice Chairman of the Ward People's Committee: Since stepping up inspections, violations in the area have decreased. However, if you are "negligent", everything will return to the same old situation. Handling violations is also very difficult because the violators are often students working part-time, if caught, most of them "run away".
On the city government’s side, in order to handle the problem “at its root”, it is necessary to trace the phone numbers posted on advertisements and classifieds and request the Information and Communications Department to cut off services to these phone numbers. However, according to Mr. Bui Quang Phuong, this method is also ineffective, because “if this phone number is cut off, a new phone number will appear after a while (for landline phones). As for mobile phones, either the establishments use junk SIM cards, or the owners are registered in other provinces and cities, so they do not have the authority to impose fines”.
Also because of the above problems, since May 5, although Decree No. 28/2017/ND-CP officially took effect and had many adjustments to increase the penalty level, clarify the authority to impose penalties... but the implementation still faces many difficulties, even "standing still".
| Mr. Hoang Minh Phuong - Deputy Head of the Department of Cultural Affairs - Department of Culture and Sports said: "The regulations on penalties are enough to deter, but the handling work still faces many difficulties. The main reason is that violators often do not have enough financial conditions to execute the decision, their residence and temporary residence are unclear, they are just hired workers... Handling phone subscribers is only effective when there is active coordination of related units such as the Department of Information and Communications, Post Office or network operators. |
Handling cases of leaflet distribution is more difficult, although this greatly affects the aesthetics and traffic safety. In reality, leaflet distribution is quite common in Vinh city and some other localities, but no one has managed it, no one has stepped in to punish it, or if there is, it is only "kidnapping and throwing away the plate", temporary or like "weeds", pulling one place and growing another, difficult to handle completely.
To solve this situation, some localities in the area have used a "synchronous" measure, which is to both handle violations and create a mechanism for organizations and individuals in need to post advertisements on billboards according to the planning or to advertise for free on the radio system of wards and communes... This is also considered a quite reasonable solution at present to gradually propagate and raise awareness of units and individuals in advertising activities, gradually bringing advertising activities in accordance with the planning and regulations of the State./.
My Ha
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