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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
31/2001/ND-CP
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Hanoi,
June 26, 2001
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DECREE
ON SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE CULTURE-
INFORMATION FIELD
THE GOVERNMENT
Pursuant to the September 30,1990 Law on
Organization of the Government;
Pursuant to the December 28, 1989 Press Law and the June 12, 1999 Law Amending
and Supplementing a Number of Articles of the Press Law;
Pursuant to the July 7, 1993 Law on Publication;
Pursuant to the October 28, 1995 Civil Code;
Pursuant to the July 6, 1995 Ordinance on Handling of Administrative
Violations;
In order to uniformly effect the sanctioning of administrative violations in
the culture-information field;
At the proposal of the Minister of Culture and Information,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of
regulation
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2. The administrative violations in the
culture-information field prescribed in this Decree include acts of violating
the regulations on State management in the activities of press (including
printed press, audio press, visual press, electronic press); publication
(including publication, printing, distribution of publications);
cinematography; forms of show business; cultural activities and cultural
services at public places; fine arts, exhibition, photography; copyright;
advertisement, writing, placing of signboards; conservation and museum;
library; export and import of cultural products; publicization and
dissemination of works overseas.
3. For administrative violations in the press,
publishing, cinematographic activities, the export of cultural products with
contents disclosing State secrets, the provisions at Points c, e and j of
Clause 1, Article 27 of Decree No.49/CP of August 15, 1996 of the Government on
sanctions against administrative violations in the field of security and order
shall apply.
Article 2.- Regulation
objects
1. Vietnamese individuals and organizations
committing acts of administrative violation in the culture-information field
shall all be sanctioned according to the provisions of this Decree and other
law provisions related to the sanctioning of administrative violations.
2. Foreign individuals and organizations
committing acts of administrative violation in the culture- information field
on the Vietnamese territory shall be sanctioned like Vietnamese individuals and
organizations, except otherwise provided for by international treaties which
Vietnam has signed or acceded to.
3. Minors committing acts of administrative
violation in the culture-information field shall be sanctioned under the
provisions at Point a, Clause 1, Articles 5 and 6 of the Ordinance on Handling
of Administrative Violations.
Article 3.- Statute of
limitations for sanctioning
1. The statute of limitations for sanctioning
administrative violations in cinematographic activities; various forms of art
performance; cultural activities and cultural services at public places; fine
arts, exhibition, photography; copyright; advertisement, writing, placing
signboards; conservation and museum; library, shall be one year counting from
the date the administrative violation is committed.
2. The statute of limitation for sanctioning
administrative violations in publishing activities, press publication, export
and import of cultural products, shall be two years counting from the date the
administrative violation is committed. Past the above-mentioned time limit, no
sanction shall be imposed but other measures prescribed at Points a, b and d of
Clause 3, Article 11 of the Ordinance on Handling of Administrative Violations
may apply.
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4. Within the time limits prescribed in Clauses
1, 2 and 3 of this Article, if individuals or organizations commit new
administrative violations or deliberately evade or obstruct the sanctioning,
the statute of limitations stated in Clauses 1, 2 and 3 of this Article shall
not apply. The statute of limitations for sanctioning administrative violations
shall be recalculated as from the time the new administrative violations are
committed or the time the acts of evading or obstructing the sanctioning
terminate.
Article 4.- Sanctioning
principles
1. Individuals and organizations shall only be
administratively sanctioned when they commit administrative violation acts
prescribed by law. Upon detecting acts of administrative violation, the persons
with sanctioning competence shall have to order the immediate stop of violation
acts. The sanctioning must be carried out in a prompt, just and enlightened and
absolute manner strictly according to law. All consequences caused by
administrative violations must be overcome strictly according to law.
2. An act of administrative violation shall be
sanctioned only once; a person committing many acts of administrative violation
shall be sanctioned for every violation act; for many persons committing an act
of administrative violation, each of the violators shall be sanctioned.
3. The sanctioning of administrative violations
must be based on the nature and seriousness of the violations, the personal
identification of the violators and the extenuating as well as aggravating
circumstances so that forms of principal sanction, additional sanction and
measures prescribed in this Decree shall be decided on.
4. Persons competent to sanction administrative
violations in the culture-information field must sanction them strictly
according to their competence; for violations which go beyond their sanctioning
competence and violations which show criminal signs, the agencies and/or
persons receiving and processing them shall have to make the records thereon,
then transfer the records as well as other relevant documents and material
evidences and violation means to agencies with competence to sanction such
administrative violations or competent penal agencies for settlement.
5. Sanctions shall not be imposed for
administrative violations committed in cases of urgent circumstances,
legitimate defense, unexpected events or administrative violations committed
while suffering from mental disease or other ailments which have deprived the
violators of their capability to cognize or control their acts.
6. It is strictly forbidden to retain cases of
law offense showing criminal signs for administrative sanction.
Article 5.- Application
of principal sanctioning forms and other measures
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2. When applying the form of pecuniary penalty,
the specific fine level for an act of administrative violation shall be the
average level of the fine bracket prescribed for such act; if the violation
involves extenuating circumstances, the fine level may be lower than the
average level, but must not be lower than the minimum level of the fine
bracket; if the violation involves aggravating circumstances, the fine level
may be higher than the average level but must not exceed the maximum level of
the fine bracket.
The extenuating and aggravating circumstances
shall comply with the provisions of Articles 7 and 8 of the Ordinance on
Handling of Administrative Violations.
3. Additional sanctioning forms and other measures
prescribed in this Decree may only be applied together with the principal
sanctioning forms in order to absolutely handle violations, do away with the
causes and conditions for recidivism and overcome all consequences caused by
the administrative violations.
4. The compensation for damage caused by
administrative violations in the culture-information field shall comply with
the provisions of Article 17 of the Ordinance on Handling of Administrative
Violations.
Chapter II
ACTS OF ADMINISTRATIVE
VIOLATION IN THE CULTURE- INFORMATION FIELD, SANCTIONING FORMS AND LEVELS
Section 1. ACTS OF VIOLATION
IN THE FIELD OF PRESS, SANCTIONING FORMS
AND LEVELS
Article 6.- Violating
the regulations on permits for press activities
1. A fine of between VND 5,000,000 and
10,000,000 shall be imposed for one of the following acts:
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b) Failing to abide by the provisions inscribed
in the permits for press activities.
2. A fine of between VND 10,000,000 and
50,000,000 shall be imposed for one of the following acts:
a) Assigning press activity permits in any form;
b) Agencies and organizations conducting press
publishing activities without permits.
3. Forms of additional sanction:
a) Stripping of the right to use press activity
permits for up to three months, for violation acts prescribed in Clause 1 of
this Article;
b) Withdrawing press activity permits for acts
of violation prescribed at Point a, Clause 2, or recidivism in Clause 1 of this
Article.
Article 7.- Violating the
regulations on press layouts
1. Warning or a fine of between VND 300,000 and
3,000,000 shall be imposed for one of the following acts:
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b) Presenting the cover pages of newspapers, the
cover pages of magazines incompatibly with the press contents;
c) Making illustrations incompatible with the
contents of papers, thus making readers misunderstand the contents of matters
raised by the press.
2. Forms of additional sanction:
The confiscation of press publications shall
apply to acts of violation prescribed at Points b and c of Clause 1, this
Article, when serious consequences are caused.
Article 8.- Violating
the regulations on press correction
1. Warning or a fine of between VND 500,000 and
1,500,000 shall be imposed for one of the following acts:
a) Making corrections not in accordance with the
regulations on position, space, time volume, letter sizes;
b) Failing to abide by the regulations on
carrying speeches of organizations and/or individuals relating to press works.
2. A fine of between VND 1,500,000 and 5,000,000
shall be imposed for acts of violating the regulations on the time for
correction.
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Forced compensation for damage caused by acts of
violating the regulations on correction. If the compensation level exceeds VND
1,000,000, the cases shall be settled according to the civil procedures.
Article 9.- Violating
the regulations on things not to be informed on the press
1. A fine of between VND 500,000 and 1,500,000
shall be imposed for one of the following acts:
a) Disclosing personal secrets without the
consents of the concerned persons or their relatives, except otherwise provided
for by law;
b) Making public individuals private mails
without the consents of the mail writers, the mail receivers or the lawful
owners of such mails;
c) Providing false information, thus causing
adverse impacts.
2. A fine of between VND 10,000,000 and
30,000,000 shall be imposed for one of the following acts:
a) Describing in detail obscene actions,
horrible killings in news reports, articles, photos;
b) Carrying, transmitting lustful pictures, nude
pictures, non-aesthetic naked pictures, unsuitable to the fine traditions and
customs of Vietnam;
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d) Providing untruthful information, thus
causing serious effects on an organization or individual.
3. A fine of between VND 30,000,000 and
70,000,000 shall be imposed for one of the following acts:
a) Violating Clause 4, Article 10 of the Press
Law but not seriously enough for penal liability examination;
b) Distorting history, negating the
revolutionary gains or offending great public figures or national heroes but
not to the extent of being examined for penal liability.
c) Providing untruthful information, thus
causing serious impacts on society but not to the extent of being examined for
penal liability.
4. A fine of VND 30,000,000 and 70,000,000 and
confiscation of material evidences as well as violation means, for one of the
following acts:
a) Violating Clauses 1, 2 and 3 of Article 10 of
the Press Law but not to the extent of being examined for penal liability;
b) Re-publishing or broadcasting press works
which, by order, have already been banned from circulation or confiscated.
5. Forms of additional sanction:
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b) Individuals and organizations that violate
the provisions of this Article, if causing damage, shall also be subject to
measure of forced compensations for damage according to the provisions of law.
Article 10.- Violating
the regulations on providing information for press
A fine of between VND 500,000 and 2,000,000
shall be imposed for acts of violating the regulations on organizations and
citizens right to provide information to the press as provided for at Clause 2,
Article 4, and Article 7 of the Press Law, but not to the extent of being
examined for penal liability.
Article 11.- Violating
the regulations on the use of press cards, intimidating, threatening the lives
or infringing upon the honor and dignity of, journalists, obstructing them from
their lawful professional activities
1. Warning or a fine of between VND 200,000 and
1,000,000 shall be imposed for one of the following acts:
a) Using other persons press cards or lending
press cards to other persons for activities;
b) Using press cards not in accordance with the
assigned tasks.
2. A fine of between VND 1,000,000 and 5,000,000
for one of the following acts:
a) Intimidating, threatening the lives or
infringing upon the honor and dignity of, journalists, obstructing journalists from
their lawful professional activities, but not to the extent of being examined
for penal liability;
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3. Forms of additional sanction:
a) Paying compensation for damage caused to
journalists, which have been settled through civil proceedings when violating
Point a, Clause 2 of this Article, if the compensation level exceeds
VND1,000,000.
b) Stripping of the right to use press cards for
one to two years, for acts of violating Clause 1 and Point b, Clause 2 of this
Article.
Article 12.- Violating
the regulations on press meetings
1. A fine of between VND 1,500,000 and 5,000,000
for one of the following acts:
a) Holding press meetings without advance
notices or with notices made not in accordance with regulations to the State
management bodies in charge of the press;
b) Holding press meetings with contents in
violation of the provisions in Clause 4, Article 10 of the Press Law, but to
the extent of being examined for penal liability.
2. A fine of between VND 10,000,000 and
30,000,000 shall be imposed for one of the following acts:
a) Holding press meetings without the approval
of the State management bodies or in spite of already issued suspension orders;
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Article 13.- Violating
the regulations on deposit of press copyright
1. A fine of between VND 500,000 and 2,000,000
shall be imposed for acts of violation concerning the time and quantity of
press copyright deposit.
2. A fine of between VND 3,000,000 and 5,000,000
for acts of failing to pay press copyright deposits.
3. Forms of additional sanction:
Stripping of the right to use publishing permits
for one to three press issues for acts of violating Clause 2 of this Article.
Article 14.- Violating
the regulations on advertisement on press
1. A fine of between VND 2,000,000 and
10,000,000 for acts of violation concerning the position, proportion (
according to the number of pages, the broadcasting time volume) and advertising
supplements.
2. A fine of between VND 5,000,000 and
20,000,000 for acts of making advertisement with contents in violation of
Article 10 of the Press Law, advertising products of categories banned from
advertisement and violating other law provisions on advertisement, but not to the
extent of being examined for penal liability.
3. Forms of additional sanction:
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Article 15.- Violating
the regulations on press distribution, destroying means for press activities
1. A fine of between VND 1,500,000 and 5,000,000
for one of the following acts:
a) Distributing press not according to the
regulations inscribed in the permits for press activities;
b) Papers printed without prices inscribed thereon
or sold at prices higher than those already inscribed on the papers;
c) Using illegally recorded or dubbed tapes for
advertisement for the sale of papers;
d) Paper distributing agents operating without
making business registration;
e) Obstructing lawful press activities;
f) Destroying journalists means for press
activities.
2. A fine of between VND 1,000,000 and 5,000,000
for acts of directly receiving information through satellites or computer networks
for re-provision of information by radio stations, television stations,
Internet establishments, Intranets of Vietnamese organizations, foreign
organizations residing in Vietnam without permits issued by the Ministry of
Culture and Information.
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a) Distributing press publications without
permits, but not to the extent of being examined for penal liability;
b) Distributing press publications which are not
allowed to be circulated or have, by order, been banned from circulation, but
not to the extent of being examined for penal liability.
4. Forms of additional sanction:
Confiscation of press publications, material
evidences and violation means, for acts of violating Clause 3 of this Article.
Article 16.- Violating
the regulations on installation and use of equipment to receive foreign
television programs
1. A fine of between VND 3,000,000 and 5,000,000
for one of the following acts:
a) Failing to abide by the contents inscribed in
the permits for installation and use of equipment for reception of foreign
television programs (TVRO);
b) Modifying, erasing permits for installation
and use of TVRO equipment;
2. A fine of between VND 5,000,000 and
10,000,000 for one of the following acts:
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b) Installing and using TVRO equipment without
permits;
c) Letting other people to use TVRO equipment.
3. Forms of additional sanction and other
measures:
Confiscation or forced dismantlement of TVRO
equipment, for acts of violating Clause 2 of this Article.
Section 2. ACTS OF VIOLATION
IN THE PUBLISHING FIELD, SANCTIONING FORMS AND LEVELS
Article 17.- Violating
the regulations on presentation and illustration of publications
1. Warning or a fine of between VND 300,000 and
3,000,000 for one of the following acts:
a) Failing to inscribe fully or correctly the
provisions on presentation of publications;
b) Presenting the cover pages of publications
incompatibly with the contents thereof;
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2. Forms of additional sanction and other measures:
a) Confiscation of material evidences, for acts
of law violation prescribed at Point b, Clause 1 of this Article, if causing
serious consequences;
b) Forced compensation for damage according to
law provisions, for acts prescribed at Point b, Clause 1 of this Article, if
such acts cause damage to other organizations and/or individuals.
Article 18.- Violating
the regulations on stockpile and distribution of publications
1. A fine of between VND 1,500,000 and 5,000,000
shall be imposed for one of the following acts:
a) Obstructing the lawful distribution of
publications;
b) Selling assorted books, newspapers,
paintings, pictures, calendars or leasing assorted books, newspapers without publishing
permits or written approval of publishing plan, import permits;
c) Selling or leasing publications with their
contents being substituted;
d) Illegally stockpiling publications, illegally
copying publications with between 50 to 200 copies.
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a) Selling publications of non-business or
internal circulation categories;
b) Illegally stockpiling publications, illegally
copying publications with more than 200 copies.
3. A fine of between VND 10,000,000 and
30,000,000 for one of the following acts:
a) Issuing or stockpiling for the purpose of
circulation publications of the categories banned from circulation or subject
to decisions on recovery or confiscation thereof;
b) Selling books, newspapers, paintings,
pictures and calendars or selling books and newspapers, which, by decisions,
must be recovered, confiscated or banned from circulation;
c) Selling books, newspapers, paintings,
pictures and calendars or leasing books and newspapers with contents
propagating the debauching, obscene lifestyles, or inciting violence, but not
to the extent of being examined for penal liability.
4. Forms of additional sanction:
Confiscation of material evidences, for acts of
violating the provisions of Points b, c and d of Clause 1, Point b of Clause 2
and Clause 3 of this Article.
Article 19.- Violating
the regulations on use of permits for publishing activities
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a) Trading in books, newspapers, paintings,
pictures and calendars or leasing books and newspapers without business
registration;
b) Conducting publishing activities not at the
right places prescribed in the permits.
2. A fine of between VND 5,000,000 and 10,000,000
for one of the following acts:
a) Failing to abide by the contents inscribed in
the publishing permits or the publishing plan- approving papers;
b) Assigning publishing plan-approving papers or
publishing permits in any forms;
c) Modifying, erasing publishing plan-approving
papers or publishing permits.
3. A fine of between VND 10,000,000 and
30,000,000 for one of the following acts:
a) Publishing books, newspapers, publications
without operation permits;
b) Conducting publishing activities without operation
permits.
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a) Stripping of the right to use permits for
publishing activities, for acts prescribed at Point b, Clause 1 of this
Article;
b) Stripping of the right to use permits, for
acts prescribed at Points b and c, Clause 2 of this Article;
c) Confiscating material evidences, violation
means, for acts prescribed at Point b, Clause 3 or for repetition of acts
prescribed at Point a, Clause 3 of this Article.
Article 20.- Violating
the regulations on ban on contents of publications
1. A fine of between VND 500,000 and 1,500,000
shall be imposed on authors whose published works contain contents infringing
upon the honor or disclosing personal secrets of individuals without the
consents of such persons or their relatives, except otherwise provided for by
law.
2. A fine of between VND 1,500,000 and 5,000,000
shall be imposed on publishing houses and licensed organizations, which publish
publications with contents infringing upon the honor or disclosing personal secrets
of individuals without the consents of such persons or their relatives, except
otherwise provided for by law.
3. A fine of between VND 10,000,000 and
30,000,000 shall be imposed on authors with published works, on publishing
houses or licensed organizations, which publish publications with contents
showing the debauching, obscene lifestyle, social vices, supertition, which
affect fine customs and practices; carrying inaccurate information with a view
to harming the prestige of organizations, but not to the extent of being
examined for penal liability.
4. A fine of between VND 30,000,000 and
50,000,000 for one of the following acts:
a) Publishing works by authors or publications
by licensed publishing houses or organizations, whose contents violate the
provisions in Clause 1, Article 22 of the Publication Law, but not to the
extent of being examined for penal liability;
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c) Publishing works by authors or publications
by publishing houses or licensed organizations, whose contents distort history,
negate revolutionary gains, hurt great public figures or national heroes, but
not to the extent of being examined for penal liability.
5. Forms of additional sanction:
Confiscation of material evidences, for acts
prescribed in Clauses 3 and 4 of this Article.
6. Apart from sanctioning forms prescribed in
this Article, the violating individuals and organizations shall also be subject
to the measure of forced compensation for damage according to the provisions of
law.
Article 21.- Violating
the regulations on printing activities
1. A fine of between VND 1,500,000 and 5,000,000
for acts of practicing stalactite pressing, mimeographic printing, photocopy,
computer printing, manual silk-screen printing, engraved wood printing, binding
and shearing, trading in printing supplies, manufacturing printing materials,
teaching printing or duplicating without business registration certificates or
with modified business registration certificates or doing business not at the
registered addresses.
2. A fine of between VND 5,000,000 and
10,000,000 for one of the following acts:
a) Failing to abide by the contents inscribed in
the permits for printing activities;
b) Assigning the printing permits in any form;
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d) Printing publications in excess of the volume
inscribed in the permits or the printing contracts with a quantity of 50 copies
or more;
e) Printing or duplicating establishments, when
detecting that the contents of matters ordered for printing violate Article 22
of the Publication Law but failing to promptly report them to the State
management bodies in charge of publication.
3. A fine of between VND 10,000,000 and
30,000,000 for one of the following acts:
a) Printing, duplicating publications without
publishing permits or publishing plan- approving papers;
b) Printing publications not according to the
prescribed procedures, without signing contracts with the party placing the
printing order;
c) Conducting internal printing activities
without permits by printing or duplicating establishments of State bodies,
economic organizations or social organizations (other than State-run printing
enterprises);
d) Photocopying establishments duplicating press
works, publications, which are banned from circulation.
4. A fine of between VND 30,000,000 and
50,000,000 for one of the following acts:
a) Printing, duplicating press works or
publications, which, by decisions, must be recovered, confiscated, banned from
circulation or destroyed, or which contain debauching, obscene, violence
contents, but not to the extent of penal liability examination;
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5. Forms of additional sanction:
a) Stripping of the right to use permits, for
acts prescribed at Clause 1, Points b and c of Clause 2 of this Article;
b) Stripping of the right to use permits, for
acts prescribed at Point a, Clause 4, for repetion of acts prescribed at Point
a, Clause 3 of this Article;
c) Confiscation of material evidences for acts
prescribed at Points a and d, Clause 4 of this Article.
Article 22.- Violating
the regulations on publication copyright deposit
1. Warning or a fine of between VND 200,000 and
1,000,000 for acts of failing to fully pay publication copyright deposits
according to the prescribed quantity.
2. A fine of between VND 1,000,000 and 5,000,000
for acts failing to pay publication copyright deposit as prescribed.
3. Apart from the sanctioning forms prescribed
in Clauses 1 and 2 of this Article, the violating organizations and individuals
shall also be forced to fully pay the publication copyright deposits according
to regulations.
Section 3. ACTS OF VIOLATION
IN CINEMATOGRAPHIC FIELD, SANCTIONING FORMS AND LEVELS
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1. A fine of between VND 1,000,000 and 3,000,000
for activities of video mail service provision without business registration
certificates.
2. A fine of between VND 5,000,000 and
15,000,000 for one of the following acts:
a) Shooting film in areas banned from film
shooting or with banned contents prescribed in Clause 3, Article 2 of Decree
No.48/CP of July 17, 1995 of the Government on cinematographic organization and
operation.
b) Producing films, video tapes, video discs,
with contents disclosing secrets of citizens�
private lives;
c) Failing to abide by the contents inscribed in
the permits for film, video tape and/or video disc production;
d) Assigning permits to other individuals or
organizations, or using permits of other individuals or organizations for
production of films, video tapes and/or video discs;
e) Modifying, erasing permits for film, video
tape and/or video disc production.
3. A fine of between VND 10,000,000 and
20,000,000 for one of the following acts:
a) Producing films, video tapes and/or video
discs for the purpose of widespread dissemination without permits;
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c) Producing films, video tapes and/or video
discs with contents of slandering, hurting the prestige of organizations, honor
and dignity of individuals, but not to the extent of being examined for penal
liability.
4. A fine of between VND 30,000,000 and
50,000,000 for one of the following acts:
a) Producing films, video tapes and/or video
discs with debauching, obscene contents, which encourage social vices, criminal
acts, supertition, thus affecting the nation’s fine traditions and customs as
well as ecological environment, but not to the extent of being examined for
penal liability;
b) Providing services or cooperation in film
making with foreign country without permits.
5. A fine of between VND 50,000,000 and
70,000,000 for one of the following acts:
a) Producing films, video tapes and/or video
discs with contents of opposing the State of the Socialist Republic of Vietnam;
undermining the entire population’s unity bloc;
b) Producing films, video tapes and/or video
discs with contents inciting violence, propagating aggressive wars, sowing
division among nations and peoples of countries, expressing reactionary ideas
and culture or criminal acts, but not to the extent of being examined for penal
liability;
c) Producing films, video tapes and/or video
discs with contents distorting history, negating revolutionary gains, hurting
great men or national heroes, but not to the extent of being examined for penal
liability;
d) Foreign individuals and organizations
producing films in Vietnam without permits.
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a) Stripping of the right to use permits, for
acts prescribed at Points d and e of Clause 2, Point b of Clause 3, Point a of
Clause 4 and Clause 5 of this Article;
b) Confiscation of material evidences, for acts
prescribed in Clauses 1 and 2, Points a and c of Clause 3, Point a of Clause 4
and Clause 5 of this Article;
c) Confiscation of violation means, for acts
prescribed at Point a, Clause 2, Point a of Clause 4 and Clause 5 of this
Article.
Article 24.- Violating
the regulations on printing, duplicating and/or stockpiling films, video tapes
and/or video discs
1. A fine of between VND 500,000 and 1,500,000
for acts of illegally stockpiling films, video tapes and/or video discs, which
are illegally printed or duplicated with the quantity of between 20 and under
100 copies.
2. A fine of between VND 1,000,000 and 3,000,000
for one of the following acts:
a) Duplicating films, video tapes and/or discs,
which have not yet been allowed for circulation, with a quantity of under 20
copies;
b) Illegally storing illicitly-printed or
duplicated films, video tapes and/or discs with a quantity of over 100 copies.
3. A fine of between VND 3,000,000 and 5,000,000
for one of the following acts:
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b) Assigning permits for activities of
duplicating films, video tapes and/or video discs to other organizations or
using permits of other organizations for activities of duplicating films, video
tapes and/or video discs;
c) Failing to abide by the contents inscribed in
the permits for activities of duplicating films, video tapes and/or video
discs;
d) Modifying, erasing permits for activities of
duplicating films, video tapes and/or video discs.
4. A fine of between VND 5,000,000 and 15,000,000
for one of the following acts:
a) Duplicating films, video tapes and/or video
discs, which have not yet been allowed for circulation, with a quantity of 100
copies or more;
b) Duplicating films, video tapes and/or video
discs without permits for duplicating activities;
c) Inserting sounds and/or images advertising
for goods items, which are banned from advertisement, into films, video tapes
or video discs.
5. A fine of between VND 30,000,000 and
50,000,000 for one of the following acts:
a) Duplicating films, video tapes and/or video
discs which, by decisions, must be recovered, confiscated, destroyed or banned
from circulation;
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c) Inserting sounds and/or images of debauchery,
obscenity, inciting violence into films, video tapes and/or video discs,which
have been already permitted for circulation, but not to the extent of being examined
for penal liability.
6. Forms of additional sanction:
a) Stripping of the right to use permits, for
acts prescribed at Points b, c and d of Clause 3, Clause 5, recidivism at Point
a of Clause 4 of this Article;
b) Confiscating material evidences, for acts
prescribed in Clauses 1, 2, 3, 4 and 5 of this Article;
c) Confiscating violation means, for acts
prescribed at Point a of Clause 3, Clauses 4 and 5, recidivism at Point a,
Clause 2 of this Article.
Article 25.- Violating
the regulations on releasing of films, video tapes and video discs
1. Warning or a fine of between VND 200,000 and
500,000 for one of the following acts:
a) Buying video tapes and/or video discs without
labels or with fake labels with a quantity of between 10 and under 20 copies;
b) Selling or renting films, video tapes and/or
video discs not affixed with labels or affixed with fake labels with a quantity
of under 20 copies;
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d) Buying and/or selling video tape and/or video
disc labels not yet fully inscribed with headings as prescribed;
e) Buying fake labels of video tapes and/or
video discs with a quantity of between 10 and under 50 labels;
f) Erasing, modifying labels affixed on video
tapes or video discs.
2. A fine of between VND 500,000 and 1,500,000
for one of the following acts:
a) Selling or renting films, video tapes and/or
video discs, which are not yet allowed for circulation;
b) Buying, selling or renting films, video tapes
and/or video discs not affixed with labels or affixed with fake labels, with a
quantity of between 20 and under 100 copies;
c) Fraudulently substituting contents of already
labeled films, video tapes or video discs, for trading;
d) Assigning permits to other organizations or
individuals or using permits of other organizations or individuals to sell,
lease films, video tapes and/or video discs;
e) Modifying, erasing permits for sale, lease of
films, video tapes and/or video discs;
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3. A fine of between VND 1,500,000 and 5,000,000
for one of the following acts:
a) Buying films, video tapes and/or video discs
not affixed with labels or affixed with fake labels, with a quantity of 100
copies or more;
b) Selling or renting films, video tapes and/or
video discs not affixed with labels or affixed with fake labels, with a
quantity of between 100 and under 500 copies.
4. A fine of between VND 5,000,000 and
10,000,000 for one of the following acts:
a) Selling or renting films, video tapes and/or
video discs without permits issued by agencies performing the State management
over culture and information;
b) Assigning permits to other organizations or
individuals or using permits of other organizations or individuals for dealing
in the distribution of films, video tapes and/or video discs;
c) Distributing films, video tapes and/or video
discs without decisions for their circulation;
d) Distributing films, video tapes and/or video
discs beyond the permitted scope in the country;
e) Failing to abide by the contents inscribed in
the business licenses for distribution of films, video tapes and/or video
discs;
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g) Selling or renting films, video tapes and/or
video discs not affixed with labels or affixed with fake labels, with a
quantity of between 500 and under 1,000 copies.
5. A fine of between VND 10,000,000 and
15,000,000 for one of the following acts:
a) Falsifying by making addition to or cut of
the contents of cinematographic works already allowed for dissemination;
b) Dealing in the distribution of films, video
tapes and/or video discs without business licenses;
c) Producing, stockpiling and/or selling fake
labels of video tapes and/or video discs;
d) Selling, renting films, video tapes and/or
video discs, which are either unfixed with labels or fixed with fake labels,
with a quantity of 1,000 copies or more.
6. A fine of between VND 15,000,000 and
30,000,000 for acts of illegally stockpiling cinematographic works of
categories banned from dissemination or subject to decisions on recovery,
confiscation and destruction thereof.
7. A fine of between VND 30,000,000 and
50,000,000 for one of the following acts:
a) Selling, renting or distributing films, video
tapes and/or video discs, which are subject to decisions on their recovery,
confiscation, circulation ban or destruction;
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8. Forms of additional sanction:
a) Stripping of the right to use permits for up to
three months, for acts prescribed at Point c, Clause 1 of this Article;
b) Stripping of the right to use permits for
acts prescribed at Points d and e of Clause 2, Points b, e and f of Clause 4,
and Clause 7 of this Article;
c) Confiscation of material evidences, for acts
prescribed at Points a, b, d, e and f of Clause 1, Points a, b, c, and f of
Clause 2, Clause 3, Points c and g of Clause 4, Points a, c and d of Clause 5,
Clause 6, Clause 7 of this Article;
d) Confiscation of violation means, for acts prescribed
at Point c, Clause 5 of this Article.
Article 26.- Violating
the regulations on screening of films, video tapes and/or video discs
1. Warning or a fine of between VND 150,000 and
300,000 for one of the following acts:
a) Causing noises beyond the prescribed limits
in screening of films, video tapes and/or video discs;
b) Admitting under-16 children into cinema
houses and/or places, where are screened films, video tapes and/or video discs,
which are banned from watching by children under 16 years old.
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3. A fine of between VND 500,000 and 1,500,000
for one of the following acts:
a) Screening films, video tapes and/or video
discs, which have not yet been allowed for circulation, at public places;
b) Assigning business registration papers to
other organizations or individuals or using the business registration papers of
other organizations or individuals for doing business in film, video tape
and/or video disc screening;
c) Failing to abide by the contents inscribed in
the business registration papers for film, video tape and/or video disc
screening;
d) Modifying or erasing business registration
papers for film, video tape and/or video disc screening.
4. A fine of between VND 1,500,000 and 5,000,000
for acts of screening films, video tapes or video discs for business purposes
but without business registration papers.
5. A fine of between VND 30,000,000 and 50,000,000
for one of the following acts:
a) Screening films, video tapes and/or video
discs, which must, by decisions, be recovered, confiscated, banned from
circulation or destroyed;
b) Screening films, video tapes and/or video
discs with debauching, obscene or violence-inciting contents.
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a) Stripping of the right to use permits, for
acts prescribed at Points b, c and d of Clause 3, and Clause 5 of this Article;
b) Confiscation of violation means for acts
prescribed at Clause 5 of this Article.
c) Confiscation of violation means for acts
prescribed at Clause 5 of this Article.
Article 27.- Violating
the regulations on copyright deposit, archival of cinematographic works
1. A fine of between VND 3,000,000 and 5,000,000
for acts of paying copyright deposit, archival of cinematographic works not
with full prescribed quantity, not according to the prescribed categories.
2. A fine of between VND 5,000,000 and
15,000,000 for acts of failing to pay copyright deposit for and/or to archive,
cinematographic works according to regulations.
3. Apart from the sanctioning forms prescribed
in Clauses 1 and 2 of this Article, the violating individuals and organizations
shall also be forced to pay the copyright deposit for and/or to archive cinematographic
works according to law provisions.
Section 4. ACTS OF VIOLATION
IN THE FIELD OF ART PERFORMANCE, SANCTIONING FORMS AND LEVELS
Article 28.- Violating
the regulations on duplication of music tapes, music discs
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2. A fine of between VND 500,000 and 1,500,000
for one of the following acts:
a) Duplicating music tapes and/or music discs,
which are yet permitted for circulation, with a quantity of between 20 and
under 100 copies;
b) Assigning business registration papers to
other organizations or individuals or using business registration papers of
other organizations or individuals for duplicating music tapes and/or music
discs.
3. A fine of between VND 1,500,000 and 5,000,000
for one of the following acts:
a) Duplicating music tapes and/or music discs,
which have not yet been permitted for circulation, with a quantity of between
100 and 300 copies;
b) Duplicating music tapes and/or music discs
without duplication licenses.
4. A fine of between VND 5,000,000 and
10,000,000 for act of duplicating music tapes and/or music discs, which have
not yet been permitted for circulation, with a quantity of over 300 copies.
5. A fine of between VND 10,000,000 and
30,000,000 for one of the following acts:
a) Duplicating music tapes and/or music discs,
which, by decisions, must be banned from circulation, recovered or confiscated;
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c) Duplicating music tapes and/or discs with
reactionary contents.
6. Forms of additional sanction:
a) Stripping of the right to use permits, for
acts prescribed in Clauses 4 and 5 of this Article;
b) Confiscation of material evidences, for acts
prescribed in Clause 1, Point a of Clause 2, Clause 3, Clause 4 and Clause 5 of
this Article;
c) Confiscation of violation means, for acts
prescribed in Clauses 3, 4 and 5 of this Article.
Article 29.- Violating
the regulations on production of music tapes and/or music discs
1. A fine of between VND 1,500,000 and 5,000,000
for one of the following acts:
a) Producing music tapes and/or music discs not
according to the contents and/or locations inscribed in the permits;
b) Modifying, erasing permits for production of
music tapes and/or music discs;
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d) Assigning permits to other organizations or
individuals or using the permits of other organizations or individuals to
produce music tapes and/or music discs.
2. A fine of between VND 5,000,000 and
10,000,000 for one of the following acts:
a) Producing music tapes and/or music discs with
debauching, obscene and/or violence-inciting contents or inserting sounds and/or
images with debauching, obscene and/or violence-inciting contents into music
tapes and/or music discs which have already been permitted for circulation, but
not to the extent of being examined for penal liability;
b) Producing music tapes and/or music discs for
business purpose without licenses.
3. A fine of between VND 10,000,000 and
30,000,000 for acts of producing music tapes and/or music discs with
reactionary contents or inserting sounds and/or images with reactionary
contents into music tapes and/or music discs which have already been permitted
for circulation, but not to the extent of being examined for penal liability.
4. Forms of additional sanction:
a) Stripping of the right to use permits, for
acts prescribed at Points b, c and d of Clause 1, Point a of Clause 2, Clause 3
of this Article;
b) Confiscation of material evidences, for acts
prescribed at Point c of Clause 1, Point a of Clause 2, Clause 3 of this
Article;
c) Confiscation of violation means, for acts
prescribed at Point c of Clause 1, Clauses 2 and 3 of this Article.
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1. Warning or a fine of between VND 200,000 and
500,000 for acts of selling or renting music tapes and/or music discs not according
to places inscribed in the business licenses.
2. A fine of between VND 500,000 and 1,500,000
for one of the following acts:
a) Selling or renting music tapes and/or music
discs, which have not yet permitted for circulation;
b) Purchasing, selling music tapes and/or music
discs, which have been illegally printed or duplicated, with a quantity of 50
copies or more.
3. A fine of between VND 1,500,000 and 5,000,000
for one of the following acts:
a) Selling or renting music tapes and/or music
discs with banned contents;
b) Selling or renting music tapes and/or music
discs without business registration papers.
4. Forms of additional sanction:
a) Stripping of the right to use business
registration papers for up to three months, for acts prescribed in Clause 1,
Point a of Clause 3 of this Article;
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Article 31.- Violating
the regulations on stockpiling, dissemination of music tapes and/or music discs
1. Warning or a fine of between VND 200,000 and
500,000 for acts of disseminating music tapes and/or music discs, which have
not yet been permitted for dissemination, at public places.
2. A fine of between VND 500,000 and 1,500,000
for acts of illegally stockpiling music tapes and/or music discs, which have
been illegally printed or duplicated, with the quantity of 50 copies or more.
3. A fine of between VND 1,500,000 and 5,000,000
for one of the following acts:
a) Illegally storing music tapes and/or music
discs, which have been banned from dissemination;
b) Assigning permits to other organizations or
individuals or using the permits of other organizations or individuals to
disseminate music tapes and/or music discs.
4. A fine of between VND 5,000,000 and 10,000,000
for one of the following acts:
a) Disseminating music tapes and/or music discs,
which, by decisions, must be banned from circulation, recovered, confiscated,
destroyed;
b) Disseminating music tapes and/or music discs
with debauching, obscene and/or violence-inciting contents.
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Disseminating music tapes and/or music discs
with reactionary contents.
6. Forms of additional sanction:
a) Stripping of the right to use permits, for acts
prescribed at Point b of Clause 3, Clauses 4 and 5 of this Article;
b) Confiscation of material evidences, for acts
prescribed in Clauses 1, 2, Point a of Clause 3, Clauses 4 and 5, of this
Article;
c) Confiscation of violation means, for acts
prescribed in Clause 4 and Clause 5 of this Article.
Article 32.- Violating
the regulations on art performance
1. A fine of between VND 500,000 and 1,500,000
for acts of organizing art performances at public places by domestic art
troupes, art groups and/or artists without permits granted by competent State
bodies in charge of culture and information, or organizing performances before
the public by persons who have no professional practice licenses for the
purpose of collecting money; organizing art performances before the public for
the collection of money without licenses for performance practice.
2. A fine of between VND 1,500,000 and 5,000,000
for acts of organizing art performances not in accordance with the contents
inscribed in the permits or organizing performances by persons who have already
been banned from performance by the State management body in charge of culture
and information.
3. A fine of between VND 5,000,000 and
10,000,000 for acts of organizing the performance of art works which have not yet
been permitted for performances at public places.
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a) Performing art works which have, by
decisions, already been banned from show;
b) Performing art works with debauching, obscene
and/or violence-inciting contents, but not to the extent of being examined for
penal liability;
c) Performing art works with contents inciting
wars of aggression, sowing division among nations and peoples of countries,
showing criminal acts, but not to the extent of being examined for penal
liability;
d) Performing art works with contents distorting
history, negating revolutionary gains, hurting great persons and/or national
heroes, but not to the extent of being examined for penal liability.
5. Forms of additional sanction:
a) Stripping of the right to use permits, for
acts prescribed in Clause 2 of this Article;
b) Confiscation of material evidences and/or
violation means, for acts prescribed in Clause 4 of this Article.
Section 5. ACTS OF VIOLATION
IN THE FIELD OF CULTURAL ACTIVITIES AND CULTURAL SERVICES AT PUBLIC PLACES,
SANCTIONING FORMS AND LEVELS
Article 33.- Violating
the regulations on life style
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a) Permitting drunkards to enter dancing halls,
public dancing places and/or karaoke parlours;
b) Conducting supertitious practices such as
tracing, fortune telling, spirits callings, divinatory wands shaking, amulet
exorcising, bewitching, spreading of oracles and other forms of supertition;
c) Getting drunk in offices, working places,
hotels, restaurants, eateries, dancing halls, public dancing places, karaoke
parlours, places for cultural activities and/or services, on communications
means and in other public places;
d) Taking advantage of religious beliefs to
raise money, material things.
2. Forms of additional sanction:
a) Confiscation of material evidences and/or
violation means, for acts prescribed at Point b, Clause 1 of this Article;
b) Confiscation for public funds of illicit
earnings, for acts prescribed at Points b and d, Clause 1 of this Article.
Article 34.- Violating
the regulations on conditions for organizing cultural activities, cultural
services at public places
1. Warning or a fine of between VND 200,000 and
500,000 for acts of organizing cultural activities and cultural services at
public places from 24.00 hrs to 05.00 hrs, except for cases prescribed in
Clause 2 of Article 35 of this Decree.
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a) Failing to ensure adequate lighting as
prescribed for dancing halls, public dancing places and karaoke parlours;
b) Employing female dancers without registering
the lists thereof with the competent bodies;
c) Issuing tickets in excess of the number of
seats or beyond the holding capacity of the places where cultural and art
activities are organized.
3. A fine of between VND 500,000 and 1,500,000
for one of the following acts:
a) Failing to ensure enough spaces prescribed
for dancing halls, public dancing places, karaoke parlours;
b) Shielding the entire karaoke parlours not
with glass or with glass which prevent seeing from the outside;
c) Shutting off the light in dancing halls,
public dancing places and/or karaoke parlours when they are in operation;
d) Organizing art performance, dancing hall,
film, video tape or video disc screening and/or karaoke activities which cause
noises beyond the prescribed limit.
4. A fine of VND 1,500,000 of act of employing a
female dancer to work at a dancing hall without signing a labor contract.
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Stripping of the right to use permits, for acts
of recidivism prescribed in Clauses 1, 2, 3 and 4 of this Article.
Article 35.- Violating
the regulations on operation permits
1. Warning or a fine of between VND 150,000 and
500,000 for acts of using loudspeakers or other forms for advertisement or
agitation at public places without permits or not according to the contents
inscribed in the permits.
2. A fine of between VND 1,000,000 and 3,000,000
for acts of conducting dancing hall activities beyond the permitted hours.
3. A fine of between VND 1,500,000 and 5,000,000
for one of the following acts:
a) Conducting business activities in dancing
halls, karaoke parlours not according to the prescribed contents and law
provisions;
b) Assigning permits to other organizations or
individuals or using the permits of other organizations or individuals for
business activities in dancing halls. karaoke parlours, beauty contests,
fashion model contests;
c) Organizing electronic games and other games
for business purposes, with reactionary, debauching, obscene, violence-inciting
or gambling contents;
d) Organizing beauty contests and/or fashion
model contests not in accordance with the permitted contents.
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a) Conducting dancing hall, karaoke business
activities without permits;
b) Organizing beauty contests and/or fashion
model contests without permits.
5. Forms of additional sanctions:
a) Stripping of the right to use permits, for
acts prescribed at Points a, b and d of Clause 3, recidivism prescribed in
Clause 2 of this Article;
b) Confiscation of material evidences and/or
violation means, for acts prescribed in Clause 1, Point c of Clause 3 of this
Article.
Article 36.- Violating
the regulations on production and/or circulation of electronic game tapes
and/or discs
1. A fine of between VND 1,500,000 and 5,000,000
for one of the following acts:
a) Selling or renting electronic game tapes
and/or discs without business registration;
b) Selling or renting electronic game tapes
and/or discs with debauching, obscene and/or violence-inciting contents, but
not to the extent of being examined for penal liability;
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d) Producing and/or duplicating electronic game
tapes and/or discs without business registration;
e) Circulating electronic game tapes and/or
discs with contents banned from circulation at public dancing places, karaoke
bars and other public places where cultural activities and/or public cultural
services are organized.
2. A fine of between VND 5,000,000 and
10,000,000 for one of the following acts:
a) Producing and/or duplicating electronic game
tapes and/or discs with banned contents;
b) Producing and/or importing electronic-game
machines and/or tapes, discs with banned contents;
c) Inserting electronic game programs with
banned contents in computers for circulation.
3. Forms of additional sanction:
a) Stripping of the right to use business
registration papers for acts prescribed at Points b, c and e of Clause 1,
Points a and c of Clause 2 of this Article;
b) Confiscation of material evidences, for acts
prescribed at Points b, c, d and e of Clause 1, Points a and c of Clause 2, of
this Article;
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4. In addition to the sanctioning forms
prescribed in Clauses 1, 2 and 3 of this Article, the violating individuals and
organizations shall also be forced to delete the electronic game programs
prescribed at Point c, Clause 2 of this Article.
Article 37.- Violating
the regulations on ban on cultural activities and cultural services at public
places
1. Warning or a fine of between VND 1,000,000
and 5,000,000 for acts of using service means of obscene nature at dancing
halls, public dancing places, karaoke bars as well as other public places for
cultural activities and cultural services.
2. A fine of between VND 500,000 and 1,500,000
for one of the following acts:
a) Putting up for display paintings, pictures,
calendars or other objects of debauching, obscene, violence-inciting nature at
dancing halls, public dancing places, karaoke bars or other places of cultural
activities and cultural services, but not to the extent of being examined for
penal liability;
b) Circulating at dancing halls, public dancing
places and/or karaoke bars films, video tapes and/or discs, music tapes and/or
discs or performing theatrical works, music pieces and/or dances, which have
not yet been permitted for circulation.
3. A fine of between VND 1,500,000 and 5,000,000
for acts of leasing or lending places to be used as dancing halls, public
dancing places, karaoke bars and other cultural activities as well as cultural
services and knowing that the leased or lend places are used for prostitution
activities, drug addiction and/or gambling but failing to take measures to
prevent or denounce them.
4. A fine of between VND 5,000,000 and
10,000,000 for one of the following acts:
a) Conniving at or covering activities of
debauching, obscene and/or violent nature, prostitution activities, drug addiction,
gambling or betting with prizes in cash or in kind at dancing halls, public
dancing places, karaoke bars and other public places of cultural activities,
but not to the extent of being examined for penal liability;
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c) Circulating music tapes and/or discs with debauching,
obscene and/or violence-inciting contents at dancing halls, public dancing
places, karaoke bars and other public places of cultural activities and
cultural services, but not to the extent of being examined for penal liability.
5. A fine of between VND 30,000,000 and
50,000,000 for one of the following acts:
a) Circulating films, video tapes and/or discs,
which are subject to decisions on ban or withdrawal from circulation, at
dancing halls, public dancing places, karaoke bars and other public places of
cultural activities;
b) Circulating films, video tapes and/or discs
with debauching, obscene and/or violence-inciting contents at dancing halls,
public dancing places, karaoke bars and other public places of cultural
activities and/or cultural services, but not to the extent of being examined
for penal liability.
6. Forms of additional sanction:
a) Stripping of the right to use permits, for
acts prescribed in Clause 1, Points b and c of Clause 4, Clause 5 of this
Article;
b) Confiscation of material evidences for acts
prescribed in Clause 2, Points b and c of Clause 4, Clause 5 of this Article.
c) Confiscation of violation means for acts
prescribed at Point b, Clause 2, Points b and c of Clause 4, Clause 5 of this
Article.
Article 38.- Violating
the regulations on ban on cultural activities at accommodation establishments,
restaurants
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a) Hanging, displaying paintings and/or pictures
of debauching, obscene, violence-inciting nature at accommodation
establishments, restaurants;
b) Using service modes of obscene characters at
accommodation establishments, restaurants.
2. A fine of between VND 5,000,000 and
10,000,000 for one of the following acts:
a) Circulating music tapes and/or discs, which
are subject to decisions on ban or withdrawal from circulation, at
accommodation establishments, restaurants;
b) Circulating music tapes and/or discs with
debauching, obscene, violence-inciting contents at accommodation establishments,
restaurants, but not to the extent of being examined for penal liability.
3. A fine of between VND 30,000,000 and
50,000,000 for one of the following acts:
a) Circulating films, video tapes and/or discs, performing
theatrical works, music pieces and/or dances, which are subject to decisions on
ban or withdrawal from circulation, at accommodation establishments,
restaurants;
b) Circulating films, video tapes and/or discs
or performing theatrical works, music pieces and/or dances with debauching,
obscene, violence-inciting contents at accommodation establishments and/or
restaurants, but not to the extent of being examined for penal liability.
4. Forms of additional sanction:
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b) Stripping of the right to use business
registration papers for acts prescribed in Clauses 2 and 3 of this Article.
c) Confiscation of material evidences for acts
prescribed at Point a, Clause 1, Clause 2 and Clause 3 of this Article.
Article 39.- Violating
the regulations on producing and/or burning votive papers
1. Warning or a fine of between VND 150,000 and
500,000 for act of burning votive papers at public places.
2. A fine of between VND 150,000 and 500,000 for
act of illegally producing votive papers; propagating supertition in order to
sell votive papers.
3. Forms of additional sanction:
Confiscation of material evidences of violation,
for acts prescribed in Clause 2 of this Article.
Section 6. ACTS OF VIOLATION
IN THE FIELDS OF FINE ARTS, EXHIBITION, PHOTOGRAPHY, SANCTIONING FORMS AND
LEVELS
Article 40.- Violating
the regulations on operation permits
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a) Conducting business activities of providing
fine art, photographic, portraying or translating services not at the right
registered places;
b) Assigning business registration papers for
fine art, photographic, portraying or translating services in any forms;
c) Modifying, erasing business registration
papers for fine art, photographic, portraying or translating services.
2. A fine of between VND 1,500,000 and 5,000,000
for acts of conducting business activities in providing fine art, photographic,
portraying or translating services without business registration.
3. A fine of between VND 5,000,000 and
10,000,000 for one of the following acts:
a) Constructing monuments and/or grandiose
murals without permission;
b) Organizing cultural and art exhibitions
without permits.
4. Forms of additional sanction:
Stripping of the right to use permits, for acts
prescribed at Points b and c, Clause 1, this Article.
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Article 41.- Violating
the regulations on ban in the fields of fine arts, exhibition and
cinematography
1. Warning or a fine of between VND 150,000 and
1,500,000 for one of the following acts:
a) Taking photos in areas with photo-banning
signboards;
b) Grafting photos, thus causing bad consequences
to other persons�
relations or hurting individuals, families, agencies and/or organizations.
2. A fine of between VND 1,500,000 and 5,000,000
for acts of exhibiting publications which have not yet been allowed for
dissemination.
3. A fine of between VND 5,000,000 and
10,000,000 for acts of producing fine art and/or photographic works or
translating books and/or newspapers with baneful contents for dissemination or
storage for the purpose of dissemination.
4. A fine of between VND 10,000,000 and
30,000,000 for acts of exhibiting publications, fine art and/or photographic
works as well as other cultural and art products of the categories banned from
dissemination.
5. A fine of between VND 30,000,000 and
50,000,000 for one of the following acts:
a) Constructing monuments and/or grandiose
murals with contents inciting violence, aggressive war, sowing hatred among
nations and peoples of countries, or expressing reactionary ideology or
culture, obscene lifestyle and/or criminal acts, but not to the extent of being
examined for penal liability;
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c) Constructing monuments and/or grandiose
murals with baneful contents other than those prescribed at Points a and b of
this Article.
6. Forms of additional sanction:
a) Confiscation of material evidences, for acts
prescribed in Clauses 1, 2, 3 and 4 of this Article;
b) Confiscation of violation means, for acts
prescribed in Clause 1 and 4 of this Article.
7. In addition to the sanctioning forms
prescribed in Clauses 1, 2, 3, 4, 5 and 6 of this Article, individuals and
organizations violating the provisions in Clause 5 of this Article shall also
be forced to dismantle the already constructed works.
Section 7. ACTS OF VIOLATION
IN THE FIELD OF COPYRIGHT PROTECTION, SANCTIONING FORMS AND LEVELS
Article 42.- Violating
the regulations on duplication, re-edition, copying, dubbing of works, products
and/or programs
1. Warning or a fine of between VND 200,000 and
500,000 for acts of duplicating, copying or dubbing music tapes, music discs
for business purpose without the written consents of the copyright owners.
2. A fine of between VND 1,000,000 and 3,000,000
for acts of duplicating films, video tapes and/or discs for business without
written consents of the copyright owners.
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a) Copying plastic art works without the
consents of their authors or the work owners;
b) Incorporating film programs, video tapes
and/or discs for business and/or advertisement without the consents of the
copyright holders;
c) Selling plastic works copies which have been
made without the consents of the authors or work owners.
4. A fine of between VND 10,000,000 and
20,000,000 for one of the following acts:
a) Duplicating already broadcast and
disseminated radio or television programs for business purpose without the
consents of the program owners;
b) Copying architectural works without the
consents of the copyright owners.
5. A fine of between VND 20,000,000 and
40,000,000 for one of the following acts:
a) Duplicating, re-editing literary and/or art
works, scientific projects for business without the consents of the copyright
owners;
b) Copying computer software without the
consents of their owners.
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7. Forms of additional sanction:
a) Confiscation of material evidences of
violation, for acts prescribed in Clauses 1, 2, 3, 4 and 5 of this Article;
b) Confiscation of violation means, for acts
prescribed in Clauses 5 and 6 of this Article.
Article 43.- Violating
the regulations on quotation, addition or cutting, translation, adaptation,
transformation or re-writing of works
1. Warning or a fine of between VND 200,000 and 500,000
for acts of quoting other persons works for inclusion into one’s own works
without inscribing the authors names and works origins.
2. A fine of between VND 3,000,000 and
10,000,000 for one of the following acts:
a) Translating, compiling, adapting,
transforming or re-writing works without the consents of their authors or
owners of the original works copyright;
b) Adding, cutting or changing the contents of
literary, art or scientific works without the consents of their authors.
Article 44.- Violating
the regulations on domestic publicization, dissemination or performance of
works
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2. A fine of between VND 1,000,000 and 3,000,000
for acts of performing musical works without paying emoluments to authors or
copyright holders.
3. A fine of between VND 3,000,000 and
10,000,000 for one of the following acts:
a) Publicizing and/or disseminating works
without the consents of their authors or copyright holders;
b) Publicizing and/or disseminating co-authored
works without the consents of co-authors or copyright holders;
c) Making audio-recording and/or visual
recording or live-broadcast of performances without the consents of performers,
except for cases prescribed at Point h, Clause 1, Article 761 of the Civil
Code.
4. A fine of between VND 10,000,000 and
20,000,000 for one of the following acts:
a) Performing theatrical works without paying
emoluments to authors of copyright owners;
b) Broadcasting films and/or video tapes without
the consents of the copyright owners;
c) Publicizing and/or disseminating works of
authors who are banned from publicizing and/or disseminating their works.
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Confiscation of material evidences and violation
means, for acts prescribed at Point c, Clause 4 of this Article.
Section 8. ACTS OF VIOLATION
IN THE FIELDS OF ADVERTISEMENT, SIGNBOARD INSCRIPTION AND PLACEMENT,
SANCTIONING FORMS AND LEVELS
Article 45.- Violating
the regulations on advertising permits
1. Warning or a fine of up to VND 200,000 for
acts of advertising with posters, leaflets, folding sheets, letters and similar
forms without permits.
2. Warning or a fine of between VND 300,000 and
500,000 for one of the following acts:
a) Advertising with streamers without permits;
b) Undertaking the painting and presentation of
advertising panels or boards while the customers have not yet been granted
permits for advertisement.
3. A fine of between VND 500,000 and 1,500,000
for one of the following acts:
a) Failing to inscribe the permit numbers,
duration or the names of advertising service providers on the advertising
panels or boards or the permit numbers on advertising publications;
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4. A fine of between VND 1,500,000 and 5,000,000
for one of the following acts:
a) Advertising pharmaceuticals, pharmaceutical
products, cosmetics, medical instruments and medical activities without
permission of the competent medical bodies;
b) Making advertisements with advertising panels
or boards, beyond the time limits prescribed in the permits;
c) Making advertisements on films, video tapes
and/or discs, audio tapes and/or discs, on traffic means without permits;
d) Producing advertising commodities for persons
who have not yet obtained advertising permits;
e) Making advertisements on computer networks
without permission of the competent State management bodies.
5. A fine of between VND 3,000,000 and
10,000,000 for acts of assigning advertising permits to other organizations or
individuals or using permits of other organizations or individuals to make
advertisement.
6. A fine of between VND 5,000,000 and
15,000,000 for one of the following acts:
a) Conducting activities under advertising
business cooperation contracts with foreign individuals or organizations
without permission of the specialized State management bodies;
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c) Hanging, erecting or placing advertising
panels or boards without permits;
d) Issuing advertisement supplements or
broadcasting advertising programs by press agencies without permits.
7. A fine of between VND 30,000,000 and
50,000,000 shall be imposed on foreign individuals or organizations for
providing advertising services or making advertisements in Vietnam while they
have not yet been permitted by competent State management bodies of Vietnam to
conduct advertising activities or to make advertisements.
8. Forms of additional sanction:
Stripping of the right to use permits, for acts
prescribed in Clause 5 of this Article.
9. In addition to the sanctioning forms
prescribed in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article, the violating
individuals and organizations shall also be forced to remove advertising
streamers, posters, leaflets, panels and or boards, for acts prescribed in
Clause 1, Point a of Clause 2, Point b of Clause 4, Point c of Clause 6 of this
Article.
Article 46.- Violating
the regulations on forms and modes of advertisement
1. Warning or a fine of between VND 100,000 and
300,000 for acts of using sounds beyond the prescribed levels for advertisement
from 23.00 hrs to 04.00 hrs.
2. A fine of between VND 300,000 and 1,000,000
for acts of advertising on advertisement panels and/or boards, with shapes,
colors and/or presentation forms, which are similar to traffic signals, public
signboards or not clear, not clean, not beautiful, thus affecting the beautiful
looks.
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a) Advertising on advertisement panels and/or
boards in excess of the space (m2) prescribed in the permits;
b) Advertising on films, video tapes and/or
discs, radio or television in excess of the permitted times in a day or in
excess of the permitted time volume (%);
c) Advertising on printed newspapers, radio or
television in violation of the regulation on minimum interval between two
advertising rounds;
d) Making advertisements on printed papers
beyond the permitted spaces;
e) Making advertisements on films, video tapes
or discs, press, publications beyond the permitted times and/or goods
categories, for goods restricted from advertisement in a day, a copy, a
program.
4. A fine of between VND 2,000,000 and 5,000,000
for one of the following acts:
a) Advertising for foreign-made goods without
signing advertising contracts with Vietnamese organizations or individuals that
provide advertising services.
b) Making advertisements without Vietnamese
scripts above or advertisements with unclear names and types of commodities,
products or operations which are allowed for advertisement but only mentioning
their trademarks, names of firms in general;
c) Making advertisements on printed papers,
radio and/or televisions in violation of the provisions on the minimum interval
between two advertising rounds;
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e) Failing to use Vietnamese scripts and/or
speech in advertisement (except for cases prescribed in Clause 3, Article 5 of
the Government’s Decree No.194/CP of December 31, 1994 on advertising
activities on the Vietnamese territory);
f) Foreign-language words in advertisements which
are allowed for use of foreign words are twice bigger than the Vietnamese words
or are placed above the Vietnamese words.
5. A fine of between VND 5,000,000 and
10,000,000 for one of the following acts:
a) Advertising on the front pages of newspapers
or the cover pages of magazines or special issues thereof;
b) Trading in kinds of goods with advertisement
for commodities banned from advertisement;
c) Incorporating advertisements in news reports,
articles or news programs, or in special-subject programs on radio, television
in contravention of the regulations, except for programs directly relayed from
overseas;
d) Advertising after the musical symbol of the
radio station or image symbol of the television station.
6. A fine of between VND 30,000,000 and 50,000,000
for one of the following acts:
a) Producing kinds of goods with advertisement
for commodities or products banned from advertisement;
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7. A fine of between VND 40,000,000 and
50,000,000 for acts of using the national flag, the national anthem, the
national emblem, photos of leaders, the Party’s flag and/or the song
Internationale as backgrounds for advertisement.
8. Form of additional sanction:
Confiscation of goods, for acts prescribed at
Point b of Clause 5, Clause 6 of this Article.
9. In addition to the sanctioning forms
prescribed in Clauses 1, 2, 3, 4, 5, 6 ,7 and 8 of this Article, the violating
individuals and organizations shall also be forced to remove advertising
billboards, placards, for acts prescribed in Clause 2, Point a of Clause 3,
Points a and b of Clause 4, Clause 7 of this Article.
Article 47.- Violating
the regulations on advertising locations, positions or scopes
1. Warning or a fine of between VND 5,000 and
10,000 for each advertising poster, leaflet or folding sheet made not at the
right places prescribed in the permits.
2. Warning or a fine of between VND 50,000 and
150,000 for each advertising streamer made not at the right places prescribed
in the permits.
3. A fine of between VND 300,000 and 1,000,000
for one of the following acts:
a) Hanging, erecting or placing advertising
panels or boards not at the right places prescribed in the permits;
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c) Advertising telephone numbers and/or
addresses of service providers not at the right places as prescribed.
4. A fine of between VND 2,000,000 and 5,000,000
for acts of advertising at places where advertisement is banned.
5. Forms of additional sanction:
Confiscation of material evidences of violation,
for acts prescribed in Clauses 2, 3 and 4 of this Article.
6. In addition to the sanctioning forms
prescribed in Clauses 1, 2, 3, 4 and 5 of this Article, the violating
individuals and organizations shall also be forced to remove advertising
streamers, posters, leaflets, folding sheets panels or, boards, for acts
prescribed in Clauses 1, 2, 3 and 4 or to blot out the telephone numbers and/or
addresses, for acts prescribed at Point c, Clause 3 of this Article.
Article 48.- Violating
the regulations on advertising contents
1. Warning or a fine of between VND 200,000 and
500,000 for each picture, photo, poster, leaflet, folding sheet, parasol,
trolley, banner string, goods cabinet and other similar forms used for
advertisement of goods and/or products which are banned from advertisement.
2. A fine of between VND 500,000 and 1,500,000
for acts of advertising for newspapers, publications, films, video tapes and/or
discs or art works, which have not yet been permitted for publication,
distribution, dissemination or performance.
3. A fine of between VND 2,000,000 and
10,000,000 for acts of falsifying the advertising contents already approved in
the permits.
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a) Making advertisement not true to reality, not
true to the registered goods quality;
b) Making advertisement with contents which
lower the prestige and/or quality of commodities of other organizations and/or
individuals.
5. A fine of between VND 15,000,000 and
30,000,000 for acts of advertising goods and/or products, which are banned from
advertisement.
6. Forms of additional sanction:
Confiscation of material evidences for acts
prescribed in Clause 1 of this Article.
7. In addition to the sanctioning forms
prescribed in Clauses 1, 2, 3, 4, 5 and 6 of this Article, the violating
individuals and organizations shall also be forced to dismantle the advertising
billboards and placards, for acts prescribed in Clauses 2, 3, 4 and 5 of this
Article.
Article 49.- Violating
the regulations on signboard inscription and/or placement
1. Warning or a fine of between VND 100,000 and
300,000 for one of the following acts:
a) Hanging, placing signboards not at the
offices of agencies, organizations, hotels, restaurants, stores, shops with
signboards;
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c) Hanging, placing signboards with sizes,
colors and/or types of letter made not according to regulations.
2. Warning or a fine of between VND 150,000 and
500,000 for one of the following acts:
a) Failing to present fully the prescribed
contents on signboards;
b) Failing to use appellations, scripts in the
Vietnamese language on signboards of Vietnamese agencies, organizations or
enterprises, but only using appellations and/or scripts in foreign language(s);
c) Presenting on signboards the foreign-language
proper names, abbreviated names, international transaction names above the
Vietnamese-language names;
d) Presenting on signboards the foreign-language
appellations, abbreviated names, international transaction names with sizes
larger than the Vietnamese-language names;
e) Incorporating advertising contents on
signboards;
f) Presenting on the signboards of foreign
economic organizations and joint ventures with foreign countries their
foreign-language proper names and/or international transaction names above the
Vietnamese-language names;
g) Presenting on the signboards of foreign
economic organizations and joint ventures with foreign countries their
foreign-language names and/or international transaction names with sizes larger
than the Vietnamese-language names.
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Section 9. ACTS OF VIOLATION
IN THE FIELDS OF CONSERVATION, MUSEUM AND LIBRARY, SANCTIONING FORMS AND LEVELS
Article 50.- Violating
the regulations on the protection of exhibits in museums, cultural works, the
protection of cultural and historical relics
1. Warning or a fine of between VND 50,000 and
200,000 for acts of tarnishing cultural or historical relics, cultural and art
works.
2. A fine of between VND 500,000 and 2,000,000
for acts of polluting the environment in areas where exist cultural or
historical relics, cultural and art works.
3. A fine of between VND 2,000,000 and 5,000,000
for acts of damaging exhibits of small value in museums.
4. A fine of between VND 5,000,000 and
20,000,000 for acts of damaging cultural or historical relics but not
seriously.
5. A fine of between VND 20,000,000 and
50,000,000 for one of the following acts:
a) Heavily damaging exhibits of great value in
museum; heavily damaging cultural or historical relics;
b) Encroaching upon, occupying and illegally
using cultural and/or historical relics, cultural and art works for any
purpose;
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6. A fine of between VND 50,000,000 and 100,000,000
for acts of seriously damaging or destroying cultural and art works, historical
and/or cultural relics.
7. In addition to the sanctioning forms
prescribed in Clauses 1, 2, 3, 4, 5 and 6 of this Article, the violating
individuals and organizations may also be subject to one of the following
measures:
a) Forced restoration of the initial state, for
acts prescribed in Clause 1, Clause 4, Point c of Clause 5 and Clause 6 of this
Article;
b) Forced dismantlement of illegally constructed
works, recovery of encroached land areas, for acts prescribed at Points b and c
of Clause 5, this Article;
c) Forced overcoming of pollution, for acts
prescribed in Clause 2 of this Article.
Article 51.- Violating
the regulations on archeological excavations, rehabilitation and embellishment
of cultural and/or historical relics
1. A fine of between VND 500,000 and 2,000,000
for acts of discovering antiques, archeological finds but falsely declaring or
hiding them.
2. A fine of between VND 2,000,000 and 5,000,000
for one of the following acts:
a) Carrying out archeological excavations not in
accordance with the contents inscribed in the permits;
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3. A fine of between VND 5,000,000 and
20,000,000 for one of the following acts:
a) Carrying out archeological excavations
without permits; carrying out illegal unearthing, salvage at archeological
sites;
b) Rehabilitating and/or embellishing cultural and/or
historical relics without permits.
4. Forms of additional sanction:
a) Stripping of the right to use permits, for
acts prescribed in Clause 2, this Article;
b) Confiscation of violation material evidences,
for acts prescribed in Clauses 1 and 3 of this Article;
c) Confiscation of violation means, for acts
prescribed in Clause 3 of this Article.
Article 52.- Violating
the regulations on protection of documents in libraries
1. Warning or a fine of between VNA 50,000 and
200,000 for acts of damaging or appropriating documents, library books,
newspapers and other information carrying objects valued at under VND 200,000.
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3. A fine of between VND 2,000,000 and 5,000,000
for one of the following acts:
a) Damaging or appropriating library documents,
books and/or newspapers with value of VND 1,000,000 or more;
b) Illegally using library documents which are
categorized for restricted use.
4. A fine of between VND 20,000,000 and
50,000,000 for acts of heavily damaging or destroying library documents.
5. In addition to the sanctioning forms
prescribed in Clauses 1, 2, 3 and 4 of this Article, the sanctioning
individuals and organizations shall also be forced to compensate for damage as
prescribed by law.
Section 10. ACTS OF
VIOLATION IN THE FIELDS OF EXPORT AND IMPORT OF CULTURAL PRODUCTS;
PUBLICIZATION AND DISSEMINATION OF WORKS TO FOREIGN COUNTRIES, SANCTIONING
FORMS AND LEVELS
Article 53.- Violating
the regulations on procedures for export and/or import of cultural products
1. A fine of between VND 500,000 and 1,500,000
for acts of falsely declaring, hiding cultural products while carrying out procedures
for export or import thereof with a quantity of under 10 copies.
2. A fine of between VND 500,000 and 1,500,000
for acts of falsely declaring, hiding cultural products while carrying out procedures
for export or import thereof with a quantity of over 10 copies.
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Confiscation of violation material evidences,
for acts prescribed in Clauses 1 and 2 of this Article.
4. In addition to the sanctioning forms prescribed
in Clauses 1, 2 and 3 of this Article, depending on the nature of each of their
acts, the violating individuals and organizations shall also be forced to
re-export or destroy the material evidences of violation.
Article 54.- Violating
the regulations on permits for export and/or import of cultural products
1. A fine of between VND 500,000 and 1,500,000
for acts of exporting or importing cultural products in excess of the volumes
prescribed in the permits with a quantity of under 50 copies.
2 A fine of between VND 1,500,000 and 5,000,000
for one of the following acts:
a) Exporting or importing cultural products not
according to the lists inscribed in the permits with a quantity of under 50
copies;
b) Exporting or importing cultural products in
excess of the volumes inscribed in the permits with a quantity of 50 copies or
more;
c) Exporting or importing cultural products for
which, according to regulations, there must be permits, but failing to obtain
permits, with a quantity of under 50 copies.
3. A fine of between VND 5,000,000 and
20,000,000 for acts of exporting or importing cultural products, for which,
according to regulations, there must be permits, but failing to obtain permits,
with a quantity of between 50 and under 500 copies.
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5. Fines shall be imposed for the export or
import of printing equipment without permits as follows:
a) A fine of between VND 20,000,000 and
50,000,000 for violations with the material evidences having the value of up to
VND 100,000,000;
b) A fine of between VND 70,000,000 and
100,000,000 for violations with the material evidences having the value of more
than VND 100,000,000.
6. Forms of additional sanction:
Confiscation of violation material evidences,
for acts prescribed in Clauses 1, 2, 3 and 4 of this Article.
7. In addition to the sanctioning forms
prescribed in Clauses 1, 2, 3 and 4 of this Article, the violating individuals
and organizations shall, depending on the nature of their acts, be forced to
re-export or destroy the violation material evidences.
Article 55.- Violating
the regulations on ban on export or import of cultural products
1. A fine of between VND 5,000,000 and
20,000,000 for acts of exporting or importing music tapes and/or discs, books,
newspapers, pictures, photos, calendars, documents, including drafts, of the
categories banned from export or import, with a quantity of under 10 copies.
2. A fine of between VND 20,000,000 and
50,000,000 for one of the following acts:
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b) Exporting or importing films, video tapes
and/or discs, of the categories banned from export or import.
3. A fine of between VND 40,000,000 and
50,000,000 for acts of exporting or importing cultural products of the
categories banned from export and/or import, with a quantity of above 100
copies.
4. Fines shall be imposed for the export of
archeological finds, antiques, national precious objects without permits as
follows:
a) A fine of between VND 5,000,000 and
10,000,000 for violations with the material evidences being valued at up to VND
10,000,000;
b) A fine of between VND 10,000,000 and
20,000,000 for violations with the material evidences being valued at up to VND
20,000,000;
c) A fine of between VND 20,000,000 and
50,000,000 for violations with the material evidences being valued at up to VND
50,000,000;
d) A fine of between VND 40,000,000 and
50,000,000 for violations with the material evidences being valued at more than
VND 50,000,000.
5. Forms of additional sanction:
Confiscation of material evidences for acts
prescribed in Clauses 1, 2, 3 and 4 of this Article.
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Article 56.- Violating
the regulations on publicization and/or dissemination of works to foreign
countries
1. A fine of between VND 3,000,000 and 5,000,000
for one of the following acts:
a) Publicizing, disseminating photographic works
to foreign countries without permission;
b) Publicizing, disseminating fine art works to
foreign countries without permission.
2. A fine of between VND 5,000,000 and
10,000,000 for one of the following acts:
a) Publicizing, disseminating press works to
foreign countries without permission;
b) Publicizing, disseminating theatrical works
to foreign countries without permission;
c) Publicizing, disseminating music works to
foreign countries without permission.
3. A fine of between VND 10,000,000 and
20,000,000 for one of the following acts:
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b) Publicizing, disseminating cinematographic
works to foreign countries without permission.
4. A fine of between VND 20,000,000 and
30,000,000 for one of the following acts:
a) Publicizing, disseminating to foreign
countries the cinematographic works of categories banned from publicization,
dissemination;
b) Publicizing, disseminating to foreign
countries fine art works of the categories banned from publicization or
dissemination.
5. A fine of between VND 30,000,000 and
50,000,000 for one of the following acts:
a) Publicizing and/or disseminating to foreign
countries press works of the categories banned from publicization and/or
dissemination; supplying to foreign press information of the categories banned
from publicization and/or dissemination to foreign countries;
b) Publicizing and/or disseminating to foreign
countries musical works of the categories banned from publicization and/or
dissemination;
c) Publicizing and/or disseminating to foreign countries
theatrical works of the categories banned from publicization and/or
dissemination.
6. A fine of between VND 40,000,000 and
50,000,000 for one of the following acts:
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b) Publicizing and/or disseminating to foreign
countries cinematographic works of the categories banned from publicization
and/or dissemination.
Chapter III
COMPETENCE AND
PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE FIELD OF CULTURE
AND INFORMATION
Article 57.- Competence
of the People’s Committees at different levels to sanction administrative
violations
1. The presidents of the People’s Committees of
the provinces and centrally-run cities are entitled to sanction, as provided
for in Article 34 of the Law on Publication, the administrative violations in
the publishing activities and, as provided for in Article 28 of the Ordinance
on Handling of Administrative Violations the administrative violations in the
field of culture and information, prescribed in this Decree in their respective
localities.
2. The presidents of the People’s Committees of
the rural districts, urban districts, provincial capitals or towns, are entitled
to sanction, as provided for in Article 27 of the Ordinance on Handling of
Administrative Violations, the administrative violations in the field of
culture and information prescribed in this Decree in their respective
localities.
3. The presidents of the People’s Committees of
the communes, wards and district townships are entitled to sanction, as
provided for in Article 26 of the Ordinance on Handling of Administrative
Violations, the administrative violations in the field of culture and information
prescribed in this Decree in their respective localities.
Article 58.- Competence
of the specialized culture-information inspectorate to sanction administrative
violations
1. Specialized culture- information inspectors,
while performing official duty, are entitled to sanction, as provided for in
Article 34 of the Ordinance on Handling of Administrative Violations, the
administrative violations in the field of culture and information prescribed in
this Decree.
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3. Specialized inspectors and chief inspectors
at all levels of the branches involved in the culture-information field may
sanction according to the competence prescribed in Article 34 of the Ordinance
on Handling of Administrative Violations the violation acts prescribed in this
Decree regarding the domains under the management of their respective branches.
Article 59.- Competence
of the customs offices, and border guards to sanction administrative violations
The customs and border guard forces are entitled
to sanction, according to their competence prescribed in Articles 29 and 30 of
the Ordinance on Handling of Administrative Violations, acts of violation
regarding the export and import of cultural products as prescribed in this
Decree.
Article 60.- Competence
of the police office to sanction administrative violations
The people’s police force may sanction,
according to competence prescribed in Article 29 of the Ordinance on Handling
of Administrative Violations, acts of administrative violations in the field of
culture and information relating to social order and safety under their
managerial competence prescribed in this Decree.
Article 61.- Competence
of the market control agencies to sanction administrative violations
The market control force may sanction, according
to the competence prescribed in Article 33 of the Ordinance on Handling of
Administrative Violations, acts of violation regarding the business in services
on cultural and information products as prescribed in this Decree.
Article 62.- Competence
of the labor inspectorate to sanction administrative violations
The labor inspectorate may sanction acts of
violation prescribed in Clause 4, Article 34 of this Decree.
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The procedures to sanction administrative violations
in the field of culture and information shall comply with the provisions in
Chapter VI of the Ordinance on Handling of Administrative Violations.
Article 64.- Fine
collection and payment
Individuals and organizations committing
administrative violations in the field of culture and information and being
fined shall have to pay fines at places prescribed by law. The procedures for
fine collection and payment shall comply with the guidance of the Finance
Ministry.
Article 65.- Procedures
for confiscating and handling material evidences and means of violations
1. When applying form of confiscating the
material evidence and/or means of administrative violations in the field of
culture and information, the persons with sanctioning competence shall have to
comply with the procedures prescribed in Article 51 of the Ordinance on
Handling of Administrative Violations.
2. Persons who issue confiscating decisions
shall have to organize the protection of the confiscated material evidences
and/or means. Within 5 days after the confiscation thereof, they shall have to
transfer the sanctioning decisions, the confiscation records and all the
confiscated material evidences and/or means to the finance bodies for
organizing auctions as provided for in Article 52 of the Ordinance on Handling
of Administrative Violations.
3. For material evidences being cultural
products with contents not yet clarified, the persons issuing confiscation
decisions shall have to transfer them to the Ministry of Culture and
Information or the provincial/municipal Services of Culture and Information for
setting up councils to appraise their contents.
Material evidences being antiques, sculptural
and/or fine art works or objects of great artistic or historical values and
their lawful owners are not the persons who have committed acts of violation
shall be returned to their lawful owners; if their lawful owners cannot be
identified or are the persons who have committed such administrative
violations, those cultural products shall belong to the State’s ownership.
4. All cases of transfer and handling of
confiscated material evidences and means of violation prescribed in Clauses 2
and 3 of this Article must be made in written records signed for certification
by the concerned parties.
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Article 66.- Procedures
to strip of the right to use permits
The procedures to strip of the right to use
permits of various kinds in the field of culture and information shall comply
with the provisions in Article 50 of the Ordinance on Handling of
Administrative Violations.
Article 67.- Procedures
for destruction of baneful cultural products
1. For press works, publication products,
cinematographic works and other cultural products, which are subject to
decisions on ban from circulation, withdrawal, cultural products which have
been confiscated and evaluated as having harmful contents and the competent State
bodies in charge of culture and information have decided to destroy them, the
handling councils must be set up for the destruction thereof. The composition
of such a council shall include representatives of the State management bodies
in charge of culture and information, the police office, the finance body and
the People’s Inspectorate of the same level.
2. When carrying out the destruction of harmful
cultural products, the responsible bodies shall have to make records thereon. The
records must be signed for certification by members of the destruction
councils. In case of necessity, representatives of the concerned agencies and
organizations may be invited to witness the destruction.
3. The Ministry of Culture and Information shall
guide in detail the procedures for destruction of cultural products which must
be destroyed according to the provisions of this Decree.
Chapter IV
COMPLAINTS,
DENUNCIATIONS AND HANDLING OF VIOLATIONS
Article 68.- Complaints,
denunciations
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2. Individuals and organizations sanctioned for
administrative violations or their lawful representatives may complain about
decisions on sanctioning administrative violations according to the provisions
of the legislation on complaints and denunciations.
3. The order and procedures for making
complaints and denunciations and the competence to settle complaints and
denunciations about the sanctioning of administrative violations in the field
of culture and information shall comply with the Law on Complaints and
Denunciations of December 2, 1998 as well as other relevant provisions on
complaints and denunciations.
Article 69.- Handling
violations committed by persons with competence to sanction administrative
violations in the field of culture and information
1. Persons who have competence to sanction
administrative violations in the field of culture and information but harass,
tolerate, cover up violators, fail to handle or handle violations not in time,
improperly, not according to competence or beyond the prescribed competence
shall, depending on the nature and seriousness of their violations, be
disciplined or examined for penal liability.
2. Persons who have competence to sanction
administrative violations in the field of culture and information but commit
acts of appropriating, illegally using the money, material evidences and/or
means of violation, which have been confiscated, shall, depending on the nature
and seriousness of their violations, be disciplined or examined for penal
liability and have to compensate for damage according to the provisions of
civil legislation.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 70.- Effect of
the Decree
1. This Decree shall take effect 15 days after
its signing.
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Article 71.-
Responsibility to guide and implement the Decree
The Minister of Culture and Information shall
have to guide the implementation of this Decree.
The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the People’s Committees of the provinces and
centrally-run cities shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai