|
THE
GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom Happiness
---------
|
|
No:
88-CP
|
Hanoi,
December 14, 1995
|
DECREE
STIPULATING SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS IN CULTURAL
ACTIVITIES, CULTURAL SERVICES, AND IN FIGHTING AND PREVENTING A NUMBER OF
SOCIAL EVILS
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government of September 30, 1992;
Pursuant to the Law on the Press of December 28, 1989;
Pursuant to the Law on Publication of July 7, 1993;
Pursuant to the Ordinance on the Handling of Administrative Violations of July
6, 1995;
Pursuant to the Regulation on the circulation of and business activities in
films, video tapes and discs, music tapes and discs; sale and renting of
printed matters; cultural activities and cultural services in public places;
advertisements, writing and setting up of signboards; and the Prescriptions of
urgent measures to fight against a number of serious social evils issued
together with Decree No.87-CP of December 12, 1995;
At the proposal of the Minister of Justice, the Minister of Culture and
Information, and the Minister of the Interior,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Administrative violations in cultural activities, cultural services and in the
prevention and fight against a number of social vices.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 2.-
Fighting against administrative violations in cultural activities, cultural
services, and in the prevention and fight of a number of social evils.
All violations in cultural
activities, cultural services, and in the prevention and fight against social
evils must be promptly discovered and stopped forthwith. Fines must be imposed
rapidly and fairly; all consequences of administrative violations must be dealt
with in accordance with law.
Article 3.-
Persons liable to sanctions for administrative violations.
The individuals and
organizations that commit administrative violations in cultural activities,
cultural services, and in the prevention and fight against a number of social
evils shall be sanctioned in the form and to the extent stipulated in this
Decree.
The heads of public offices and
organizations, and the officials and public employees who commit violations as
stipulated in this Decree shall, in addition to administrative sanctions, be
disciplined in accordance with the provisions of law.
Article 4.-
Application of sanctions and other measures.
1. When imposing fines, the
specific sum set for an administrative violation is the average of the fine
rates set for such violation; if a violation involves an alleviative element,
then the fine may be reduced, but not to below the minimum of the fine rates;
if a violation involves an aggravating element, the fine may be increased, but
not to beyond the maximum of the fine rate.
The alleviative and aggravating
elements shall be applied as stipulated in Article 7 and Article 8 of the
Ordinance on the handling of administrative violations.
2. The supplementary forms of
sanction and other measures must be applied in addition to the main form of
fining if this Decree provides supplementary sanctions and the application of
other measures for such administrative violations in order to thoroughly handle
the violations and remove the causes and conditions for further violation and
to overcome the consequences of the violation.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 5.-
Handling violations by persons authorized to hand sanctions against
administrative violations.
The persons who are authorized
to hand sanctions against administrative violations, but who cause troubles to
other people, condone and protect those individuals and organizations that
commit administrative violations, who refuse to sanction, or impose untimely
and inappropriate sanctions, or impose sanctions beyond their powers, shall be
disciplined or examined for criminal liability, depending on the character and
seriousness of the violation; if they cause material damage, they must make
compensations as stipulated by law.
Chapter II
ACTIVITIES THAT ARE
CONSIDERED ADMINISTRATIVE VIOLATIONS, FORMS AND RATES OF FINE
Section 1.
ACTIVITIES THAT ARE CONSIDERED ADMINISTRATIVE VIOLATIONS IN THE CIRCULATION OF
AND BUSINESS ACTIVITIES IN FILMS, VIDEO TAPES AND DISCS, MUSIC TAPES AND DISCS,
SALE AND RENTING OF PUBLICATIONS, FORMS AND RATES OF FINE
Article 6.-
Violating the stipulations on the reproduction of music tapes and discs.
1. Fine of from 200,000 VND to
500,000 VND for one of the following activities:
a/ Reproducing less than 20
copies of those music tapes and discs which are not yet allowed to be distributed;
b/ Reproducing music tapes and
discs for trading without the written consent of the copyright owner.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ Reproducing from 20 copies to
under 100 copies of those music tapes and discs which are not yet allowed to be
distributed;
b/ Transferring permits for the
reproduction of music tapes and discs to other organizations and individuals,
or using the permits of other organizations and individuals for the
reproduction of music tapes and discs.
3. Fine of from 1,500,000 VND to
5,000,000 VND for one of the following activities:
a/ Reproducing from 100 copies
or more of the music tapes and discs which are not yet allowed to be
distributed;
b/ Reproducing music tapes and
discs without permit.
4. Fine of from 5,000,000 VND to
15,000,000 VND for one of the following activities:
a/ Reproducing the music tapes
and discs which have been banned from circulation or which have been ordered to
be confiscated.
b/ Reproducing the music tapes
and discs which have depraved contents, incite sex and violence, but not so
serious as to warrant examination for criminal liability.
5. Additional sanctions and
other measures against violations stipulated in this Article:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Confiscating duplicating
facilities in case of repeat of violations stipulated in Point (a), Item 1 and
Point (a), Item 2; and violations stipulated in Items 3 and 4;
b) Confiscating and destroying
music tapes and discs in case of violation stipulated in Point (b), Item 4;
c) Withdrawing the license for
duplicating service in case of violation stipulated in Point (b), Item 2; and
Item 4;
d) Forcible compensation for
practical damage evaluated to less than 1,000,000 VND in case of violations
stipulated in Point (b), Item 1; if the damage exceeds 1,000,000 VND, the
compensation shall be made according to the regulations on civil proceedings.
Article 7.-
Violating regulations on duplicating film and video tapes and discs.
1. Fine of from 1,000,000 VND to
3,000,000 VND for one of the following acts:
a) Duplicating less than 20
copies of film and video tapes and discs which are not yet permitted for
distribution;
b) Duplicating film and video
tapes and discs for commercial purpose without written consent from the
copyright owner.
2. Fine of from 3,000,000 VND to
5,000,000 VND for one of the following acts:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b) Transferring a cinematic work
which is not yet permitted for distribution from cellulose film onto video tape
or disc;
c) Reassigning a license for
duplicating films and video tapes and discs to another organization and
individual or using the license for duplicating films and video tapes and discs
of another organization.
3. Fine from 5,000,000 VND and
15,000,000 VND for one of the following acts:
a) Duplicating 100 copies or
more of films and video tapes and discs which are not yet permitted for
distribution;
b) Duplicating films and video
tapes and discs without a license for duplicating service.
4. Fine of from 30,000,000 VND
to 50,000,000 VND for one of the following acts:
a) Duplicating films and video
tapes and discs which have been banned or recalled from distribution;
b) Duplicating films and video
tapes and discs with pornographic content or which incite sex or violence but
not so serious as to warrant examination for penal liability.
5. Additional sanctions and
other measures against violations stipulated in this Article:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Confiscating duplicating
facilities in cases of repeat of violation stipulated in Point (a), Item 1 and
Points (a) and (b), Item 2; Items 3 and 4;
b) Confiscating and destroying
films and video tapes and discs in case of violations stipulated in Point (b),
Item 4;
c) Withdrawal of license for
duplicating service in case of violations stipulated in Point (c), Item 2; and
Item 4;
d) Forcible compensation for
practical damage of not more than 1,000,000 VND in case of violations
stipulated in Point (b), Item 1; if the damage exceeds 1,000,000 VND, the
compensation shall be made according to the regulations on civil proceedings.
Article 8.-
Violating regulations on sale and rental of films and video tapes and discs and
music tapes and discs:
1. Fine of from 200,000 VND to
500,000 VND for one of the following acts:
a) Selling or renting less than
20 video tapes without a label or with a false label;
b) Selling or renting films,
video tapes and discs and music tapes and discs at a place not specified in the
license.
2. Fine from 500,000 VND to
1,500,000 VND for one of the following acts:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b) Selling or renting films,
video tapes and discs and music tapes and discs which are not yet permitted for
distribution;
c) Replacing content of tapes
which have been labeled for commercial purpose;
d) Selling false video-tape
labels;
e) Reassigning license for
selling or renting films, video tapes and discs and music tapes and discs to
another organization or individual or using the license of another organization
or individual.
3. Fine of from 1,500,000 to
5,000,000 VND for an act of selling or renting 100 copies or more films and
video tapes and discs without a label or with a false label.
4. Fine of from 5,000,000 VND to
10,000,000 VND for an act of selling or renting video tapes and discs and music
tapes and discs without a business permit.
5. Fine of from 30,000,000 VND
to 50,000,000 VND for one of the following acts:
a) Selling or renting films and
video tapes and discs and music tapes and discs which have been banned or
recalled from distribution;
b) Selling or renting films and
video tapes and discs and music tapes and discs which have pornographic content
or incite sex or violence but which are not so serious as to warrant
examination for penal liability.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a) Confiscating films and video
tapes and discs and music tapes and discs in case of violations stipulated in
Point (a), Item 1; Points (a), (b) and (c), Item 2; Item 3; Item 4 in case of
repeat violation; and Point (a), Item 5;
b) Confiscating and destroying
false video-tape labels, films, video tapes and discs and music tapes and discs
in case of violations stipulated in Point (d), Item 2; and Point (b), Item 5;
c) Withdrawal of license for up
to three months in case of violations stipulated in Point (b), Item 1;
Withdrawal of license in case of
violations stipulated in Point (e), Item 2; Item 5.
Article 9.-
Distorting the content of films, video tapes and discs and music tapes and
discs which have been permitted for distribution.
1. Fine of from 2,000,000 VND to
5,000,000 VND for an act of mixing or adding sounds of depraved, pornographic
or violence-inciting nature into music tapes and discs which have been
permitted for distribution.
2. Fine of from 30,000,000 VND
to 50,000,000 VND for an act of mixing or adding sounds and pictures of
depraved, pornographic, or violence-inciting nature into films and video tapes
and discs which have been permitted for distribution.
3. Additional sanctions and
other measures against violations stipulated in this Article:
Confiscating facilities and
confiscating and destroying music tapes and discs, films and video tapes and
discs in case of violations stipulated in Items 1 and 2;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Fine of from 200,000 VND to
500,000 VND for one of the following acts:
a) Showing video tapes and discs
without a label in a public place;
b) Playing in a public place
music tapes and discs which are not yet permitted for distribution.
2. Fine of from 500,000 VND to
1,500,000 VND for one of the following acts:
a) Showing films and video tapes
and discs which are not yet permitted to be distributed in a public place;
b) Reassigning license for
business in showing films and video tapes and discs to another organization or
individual or using the license of another organization or individual.
3. Fine of from 1,500,000 to
5,000,000 VND for an act of showing films and video tapes and discs for
business purposes without business permit.
4. Fine of from 5,000,000 VND to
10,000,000 VND for one of the following acts:
a) Playing music tapes or discs
which have been banned or recalled from distribution at a public place;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
5. Fine of from 30,000,000 VND
to 50,000,000 VND for one of the following acts:
a) Selling or renting films and
video tapes and discs and music tapes and discs which have been banned or
recalled from distribution;
b) Selling or renting films and
video tapes and discs and music tapes and discs which have pornographic content
or incite sex or violence but which are not so serious as to warrant
examination for penal liability.
6. Additional sanctions and
other measures against acts of violation stipulated in this Article:
a) Confiscating films and video
tapes and discs and music tapes and discs in case of violations stipulated in
Item 1; Point (a), Item 2; Point (a); Item 4; and Point (a), Item 5;
b) Confiscating and destroying
films, video tapes and discs and music tapes and discs in case of violations
stipulated in Point (d), Item 4; and Point (b), Item 5;
c) Confiscating the films, tapes
or discs in case of violations stipulated in Item 4 and Item 5.
d) Withdrawal of license in case
of violations stipulated in Point (b), Item 2; Item 4 and Item 5.
Article
11.- Violating regulations on sales and rentals of books (including video
tapes used as books or in conjunction with books), newspapers, pictures,
photographs calendars.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a) Selling books, newspapers,
pictures, photographs and/or calendars, or renting books and/or newspapers, the
publication of which is not permitted or accepted in plan;
b) Selling or renting books the
contents of which have been replaced.
2. Fine of from 1,500,000 VND to
5,000,000 VND for one of the following acts:
a) Assigning permit for business
in newspaper and publication distribution service to other organizations and
individuals or using permits of other organizations and individuals to do
business in the publication and distribution of newspapers and other printed
matters.
b) Operating not in line with
the content of permit business and services in newspapers and printed matters.
c) Doctoring the permit for
business and services in distribution of newspapers and printed matters.
d) Selling books, newspapers,
pictures, photographs and/or calendars, or renting books and/or newspapers,
without a business permit.
3. Fine of from 10,000,000 VND
to 30,000,000 VND for one of the following acts:
a) Selling books, newspapers,
pictures, photographs and/or calendars, or renting books and/or newspapers
which are banned and recalled from distribution;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. Additional sanctions and
other measures against violations stipulated in this Article:
a) Confiscating books,
newspapers, pictures, photographs and calendars in case of violations
stipulated in Item 1; and Point (a), Item 3;
b) Confiscating and destroying
books, newspapers, pictures, photographs and calendars in case of violations
stipulated in Point (b), Item 3;
c) Revocation of business permit
for business and services in newspapers and printed matters in case of
violations stipulated in Points (a) and (c), Item 2; and Item 3;
Revocation of permit for
business and services in newspapers and printed matters up to three months for
cases of repeat violations stipulated in Point (b), Item 2.
Article
12.- Violating regulations on export and import of films, video tapes and
discs, music tapes and discs, books, newspapers, pictures, photographs and
calendars.
1. Fine of from 500,000 VND to
1,500,000 VND for one of the following acts:
a) Making false declaration of
or hiding films, video tapes and discs, music tapes and discs, books,
newspapers, pictures, photographs and calendars during customs procedures for
import and export of cultural items;
b) Exporting and importing
films, video tapes and discs, music tapes and discs, books, newspapers,
pictures, photographs and calendars in excess of the quantity specified in the
permit.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. Fine of from 5,000,000 VND to
15,000,000 VND for one of the following acts:
a) Exporting or importing films,
video tapes and discs, music tapes and discs, books, newspapers, pictures,
photographs and calendars for commercial purpose without a permit for business
in export and import.
b) Exporting or importing of
less than 10 copies films, video tapes and discs, music tapes and discs, books,
newspapers, pictures, photographs and calendars which are banned from import
and export.
c) Exporting or importing of
less than 10 copies music tapes and discs, books, newspapers, pictures,
photographs and/or calendars which have depraved contents and which incite sex
and/or violence.
4. Fine of from 20,000,000 VND
to 50,000,000 VND for one of the following acts:
a) Exporting or importing video
tapes and discs which are banned from export and import;
b) Exporting or importing of
more than 10 copies music tapes and discs, books, newspapers, pictures,
photographs and/or calendars which are banned from export and import.
c) Exporting or importing films
and video tapes and discs which have depraved contents and/or which incite sex
and violence but not so serious as to warrant examination for penal liability.
d) Exporting or importing more
than 10 copies of music tapes and discs , books, newspapers, pictures,
photographs and/or calendars which have depraved contents and/or which incite
sex and/or violence, but not so serious as to warrant examination for penal
liability.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a) Confiscating the publications
which are falsely declared or hidden, or exported or imported in quantities
exceeding the allowed amount, not corresponding to the list, without a permit,
or banned from import and export, in case of violations stipulated in Item 1;
Item 2; and Points (a) and (b), Item 3; and Points (a) and (b), Item 4.
b) Confiscating and destroying
the publications in case of violations stipulated in Point (c), Item 3; and
Points (c) and (d), Item 4.
Section 2.
VIOLATIONS OF ADMINISTRATIVE REGULATIONS ON CULTURAL ACTIVITIES AND SERVICES AT
PUBLIC PLACES, AND THEIR SANCTIONS
Article
13.- Violating regulations on civilized manners in cultural activities and
services in public places.
1. Fine of from 50,000 VND to
150,000 VND for one of the following acts:
a) Organizing cultural
activities and services in public places between 24:00 hours and 5:00 hours,
except for cases stipulated in Point (a), Item 2, Article 15, of this Decree;
b) Organizing art performances,
music shows, dancing, film shows, shows of video tapes and discs or karaoke
singing which cause noise above the allowed level;
c) Getting drunk in a ballroom,
public dancing place, karaoke bar or in other public places for cultural
activities and services.
2. Fine of from 150,000 to
500,000 VND for acts which employ servicing modes of a sex-appeal in the
dancing halls, karaoke bars and other public places for cultural activities and
services.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Fine of from 200,000 VND to
500,000 VND for acts of underlit dancing halls and public dancing places, and
karaoke bars.
2. Fine of from 500,000 VND to
1,500,000 VND for one of the following acts:
a) Not providing adequate area
for ballrooms, public dancing places and karaoke bars as required;
b) Not installing glass panes or
installing glass panes which do not allow full view of the karaoke bars from
outside;
c) Hanging or displaying
pictures, photographs and/or calendars which have depraved contents and/or
which incite sex and/or violence at the dancing halls, public dancing places,
karaoke places or other public places for cultural activities and services.
3. Additional sanctions and
other measures against violations stipulated in this Article:
Confiscating and destroying
pictures, photographs, calendars and/or other facilities in case of violations
stipulated in Point (c), Item 2.
Article
15.- Violating regulations on operation of dancing halls and karaoke bars.
1. Fine of from 200,000 VND to
500,000 VND for one of the following acts:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b) Renting or leasing location
for use as dancing hall, public dancing place or karaoke bar without
supervision, thus leading to prostitution, drug abuse and gambling;
c) Employing women dancer
without registering with the competent public security authority.
2. Fine of from 500,000 VND to
1,500,000 VND for one of the following acts:
a) Operating dancing halls and
karaoke bars beyond of the allowed time;
b) Playing films, video tapes
and discs and music tapes and discs, or performing theatrical plays, music or
dances which are not allowed for performance in dancing halls, public dancing
places and karaoke bars;
c) Turning off the light at
dancing halls, public dancing places and karaoke bars during operation.
3. Fine of from 1,500,000 VND to
5,000,000 VND for one of the following acts:
a) Operating a dancing hall and
karaoke bar not in line with the provisions specified in the permit;
b) Assigning permits to other
organizations and individuals or using the permits of other organizations and
individuals to do business in dancing halls and karaoke bars;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. Fine of from 5,000,000 VND to
10,000,000 VND for one of the following acts:
a) Operating a dancing hall
and/or a karaoke bar without permit;
b) Playing music tapes and discs
which are banned or recalled from distribution in a dancing hall, public
dancing place and/or a karaoke bar.
c) Playing music tapes and discs
which have depraved content and/or which incite sex and/or violence in dancing
halls, public dancing places and/or karaoke bars.
5. Fine of from 30,000,000 VND
to 50,000,000 VND for one of the following acts:
a) Screening films and/or video
tapes and discs and/or performing stage, music and dancing pieces which are
banned or recalled from distribution at a dancing hall, public dancing place
and/or karaoke;
b) Screening films, video tapes
and discs and/or performing theatrical plays, music and dances which have
depraved content and which incite sex and/or violence at a dancing hall, public
dancing place and/or karaoke.
6. Additional sanctions and other
measures against violations stipulated in this Article:
a) Confiscating films, video
tapes and discs and music tapes and discs in case of violations stipulated in
Point (b), Item 2, Point (b) Item 4, and Item 5;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c) Withdrawal of license in case
of violations stipulated in Point (b), Item 3; Points (b) and (c), Item 4; and
Item 5.
Revocation of business permit
for up to 6 months of the performers who commit violations stipulated in Item
5.
Revocation of license for up to
3 months in case of repeated violations stipulated in Point (a), Item 3.
Article
16.- Violating regulations on art and music performances in public places.
1. Fine of from 50,000 VND to
150,000 VND for acts of allowing children under 16 years of age into movie
theaters or video studios where a program on show is prohibited from children
under 16.
2. Fine of from 150,000 VND to
500,000 VND for one of the following acts:
a) Renting or leasing location
for use in cultural and art activities, and allowing prostitution, opium
smoking, drug injection and gambling;
b) Issuing tickets in excess of
the number of seats or the accommodating capacity of the place where
art-cultural activities are held.
3. Fine of from 500,000 VND to
1,500,000 VND for the act of organizing performance by a foreign ensemble or
troupe or individuals in a public place without a permit issued by the
competent state authority for management of culture and information.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
5. Fine of from 5,000,000 VND to
10,000,000 VND for one of the following acts:
a) Circulating music tapes and
discs which are banned or recalled from distribution at the place of cultural
and art activities.
b) Circulating music tapes and
discs which have depraved content and/or which incite sex and/or violence at
the place of cultural and art activities.
6. Fine of from 30,000,000 VND
to 50,000,000 VND for one of the following acts:
a) Circulating films, video
tapes and discs or performing theatrical plays, music and dances which are
banned or recalled from distribution at the place of cultural and art
activities.
b) Circulating films, video
tapes and discs or performing stage, music and dancing pieces which have
depraved content and/or which incite sex and/or violence at the place of
cultural and art activities.
7. Additional sanctions and
other measures against violations stipulated in this Article:
a) Confiscating films, video
tapes and discs and music tapes and discs in case of violations stipulated in
Point (a), Item 5; and Point (a), Item 6;
b) Confiscating and destroying
films, video tapes and discs and music tapes and discs in case of violations
stipulated in Point (b), Item 5; and Point (b), Item 6;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
d) Revocation of business permit
for up to 66 months of the performers who commit violations stipulated in Item
6.
Article
17.- Condoning and/or covering up social evils at public places of cultural
activities and services.
Fine of from 5,000,000 VND to
10,000,000 VND for acts of condoning and/or covering up depraved and
pornographic activities drug abuse, violence-inciting arts or gambling or
betting in cash or kind, but which are not so serious as to warrant examination
for penal liability, in dancing halls, public dancing places, karaoke bars or
place of cultural and art activities.
Section 3.
VIOLATIONS OF ADMINISTRATIVE REGULATIONS ON SOCIAL EVILS, AND THEIR SANCTIONS
Article
18.- Sanctioning acts of selling sex, buying sex, accommodating and
procuring prostitution.
1. The person who commits acts
of selling or buying sex shall be sanctioned in accordance with the provision
of Article 4 of Decree No 53-CP of June 28, 1994, of the Government.
For a person who commits acts of
selling or buying sex not on a regular basis, the President of the People's
Committee at communal level in the place where the person resides shall
consider and decide on the educational measure to be applied to that person in
the commune or ward or township.
2. For a person who commits on a
regular basis acts of selling or buying sex and who has been subject to
repeated educational measures taken by the local administration and people
without showing repentance, the President of the People's Committee at communal
level in the place where the person resides shall send a dossier to the
President of the People's Committee of the district level to propose to the
President of the People's Committee of the provincial level to send that person
to a treatment center; if the person is a juvenile, he/she shall be sent to an
reformatory boarding school.
3. The procedure to apply
educational measures to an offender at commune or ward or township, or to send
him/her to a boarding reform school or treatment center, shall be done in
accordance with the provisions of law on sanctioning administrative violations.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
5. Fine of from 1,500,000 VND to
5,000,000 VND for acts of procuring prostitution which are regular but which
are not so serious as to warrant examination for penal liability.
6. Fine of from 30,000,000 VND
to 50,000,000 VND for acts of accommodating prostitution which is not so
serious as to warrant examination for penal liability.
Article
19.- Sanctioning acts of consuming, producing, stockpiling, trading and
transporting drug.
1. A person who commits acts of
consuming drug in any form shall be sanctioned in accordance with the provision
of Items 1 and 2, Article 5, of Decree No 53-CP of June 28, 1994, of the
Government.
For a person who consumes drug,
but is not yet an addict, the President of the People's Committee at communal
level in the place where the person resides shall consider and decide
educational measures to be taken at the commune or ward or township.
2. For the drug addict who has
been repeatedly educated by the local administration and people without showing
repentance, the President of the People's Committee of the commune where the
person resides shall send a dossier to the President of the People's Committee
of the district level to propose to the President of the provincial level to
send him/her to a treatment center; if the person is a juvenile, he/she shall
be sent to a reformatory.
3. The procedure to apply
educational measures to an offender at commune or ward or township, or to send
him/her to a reformatory or treatment center shall be done in accordance with
the provisions of law on sanctioning of administrative violations.
4. The unauthorized producer,
stockpiler, trader or transporter of narcotics whose act is not so serious as
to warrant examination for penal liability shall be sanctioned in accordance
with the provision of Item 3, Article 5, of Decree No 53-CP of June 28, 1994,
of the Government
5. Additional sanctions and
other measures against violations stipulated in this Article:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article
20.- Sanctioning acts of gambling and organizing gambling.
1. Fine of from 200,000 VND to
500,000 VND for acts of buying individual gambling numbers and/or whole sheet
of gambling numbers based on the State lottery.
2. Fine of from 500,000 VND to
1,500,000 VND for one of the following gambling acts which are not so serious
as to warrant examination for penal liability:
a) Gambling in any form: fantan
and all types of card games, presetting a disposition in an oriental chess game
or betting in cash or in kind;
b) Gambling on machine,
electronic game or in other forms of betting;
c) Placing bets in any forms in
sports games, entertainment and other activities;
d) Selling lucky-number verses
or booking numbers for commissions.
3. Fine of from 1,000,000 VND to
2,000,000 VND for one of the following acts, which are not so serious as to
warrant examination for penal liability:
a) Taking deposits, mortgages
and providing loans at casinos and other gambling places;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c) Writing lucky-number verses.
4. Fine of from 3,000,000 VND to
10,000,000 VND for one of the following acts of organizing gambling which are
not so serious as to warrant examination for penal liability:
a) Inducing, persuading and
rallying other people to gamble;
b) Using one's own house or
other places to host or accommodate gambling;
c) Installing gambling machines or
using electronic games or organizing any other form of betting to gamble;
d) Organizing betting for money.
5. Fine of from 20,000,000 VND
to 50,000,000 VND for one of the acts of organizing number drawings in the
following forms at communes, wards, townships, districts, provincial towns and
cities, which are not so serious as to warrant examination for penal liability:
a) Hosting number gambling based
on State lottery.
b) Organizing production and
distribution of number sheets for gambling and other publications for number
gambling;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
6. Organizers of number drawings
on inter-district scale in districts, provincial towns and cities, or on
inter-provincial scale, or in large quantities, or who have been sanctioned administratively
but continue the violation, shall be examined for penal liability in accordance
with Article 200 of the Penal Code.
7. Additional sanctions and
other measures against violations stipulated in this Article:
a) Confiscating the money
generated by, and the material evidence and instruments employed, in the
violation in cases stipulated in Item 2; Point (a), Item 3; Points (c) and (d),
Item 4; and Item 5;
b) Confiscating and destroying
lucky-number verses stipulated in Point (c), Item 3.
Article
21.- Violating regulations on prevention and combat against social vices in
massage service.
1. Fine of from 200,000 VND to
500,000 VND for one of the following acts:
a) Leasing or lending license or
certificate of massage technique or physico-therapy;
b) Doing business in massage
without a license or certificate of massage technique or physico-therapy or
with a license or certificate borrowed from other people.
2) Fine of from 500,000 VND to
1,000,000 VND for the act of employing people not licensed to perform massage
or physico-therapy in massage service.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. Fine of from 5,000,000 VND to
10,000,000 VND for the act of organizing massage service without a certificate
of qualification to perform massage and physico-therapy.
5. Additional fines and other
measures for the violations stipulated in this Article:
Revocation of license or
certificate of massage technique or physico-therapy and the certificate of
qualification to perform massage and physico-therapy in case of violations
stipulated in Items 1 and 3.
Article 22.-
Violating regulations on prevention and combat against
social vices in operating inns and restaurants.
1. Fine of from 200,000 VND to
500,000 VND for one of the following acts:
a) Not numbering the rooms in
the temporary lodge and/or restaurant as described in the registration;
b) Hanging or displaying
pictures and/or photographs of pornographic, sex and/or violence-inciting
nature in the temporary lodge and/or restaurant;
c) Not registering the residence
of;
d) Not registering the temporary
stay of visitors in the dormitory;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
f) Using translucent lamp or not
providing adequate lighting as required at the dining room, refreshment bar,
game room and/or recreation room of the temporary lodge and/or restaurant while
in service;
g) Employing sex-appeal
reception modes at the temporary lodge and/or restaurant;
h) Not registering waiters and
waitresses and staffs with the competent public security authority;
2. Fine of from 2,000,000 VND to
5,000,000 VND for employing waiters and waitresses and staffs at the temporary
lodge and/or restaurant without signing labor contracts with them.
3. Fine of from 5,000,000 VND to
10,000,000 VND for one of the following acts:
a) Playing music tapes and discs
which are banned or recalled from distribution at the dormitory and/or
restaurant.
b) Circulating music tapes and
discs which have depraved content and/or which incite sex and/or violence at
the temporary lodge and/or restaurant;
4. Fine of from 30,000,000 VND
to 50,000,000 VND for one of the following acts:
a) Screening films and/or video
tapes and discs and/or performing theatrical plays, music and/or dances with
depraved or pornographic or violence-inciting contents at the temporary lodges
or restaurants.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
5. Additional fines and other
measures for the violations stipulated in this Article:
a) Confiscating films, video
tapes and discs and music tapes and discs in case of violations stipulated in
Point (a), Item 3; and Point (a), Item 4;
b) Confiscating and destroying
pictures, photographs, films, video tapes and discs and music tapes and discs
in case of violations stipulated in Point (b), Item 1; Point (b), Item 3; and
Point (b), Item 4;
c) Revocation of license for
case of violations of the provisions of Items 3 and 4.
Revocation of business permit
for up to 6 months for the performer who violates the provisions of Item 4.
6. For a State-owned temporary
lodge and/or restaurant which commits violation, apart from the monetary fine
and confiscation of the material evidences, the head of the lodge and/or
restaurant shall be subject to discipline as provided by law.
Article
23.- Condoning, covering up, inducing and accomodating social evils.
1. Fine of from 5,000,000 VND to
10,000,000 VND for the director of a hotel, and the owner of a hotel, guest
house, restaurant, inn, rest house and/or massage business, who covers up or,
out of irresponsibility, allow acts of prostitution, drug abuse and/or gambling
to take place in the business unit under their management
Apart from the said monetary
fine, the offending establishment has his/her business permit revoked in case
the offender is a State employee, he/she shall be subject to disciplinary
measure.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. The director of a hotel, and
the owner of a hotel, guest house, restaurant, inn, rest house and/or massage
business, and any other person who organizes or accommodates gambling,
accommodates prostitution, induces or procures sex sellers, or organizes drug
abuse in any form other than described in Items 4, 5 and 6, Article 18; Items
2, 3, 4 and 5, Article 20, of this Decree, shall be examined for penal
liability in accordance with Articles 200, 202 and 203 of the Penal Code; in
case of inducing or accommodating under-age people for prostitution, drug abuse
and/or gambling, penal liability as provided for by Article 148 of the Penal
Code shall apply.
Section 4.
VIOLATIONS OF ADMINISTRATIVE REGULATIONS IN ADVERTISEMENT AND WRITING AND
PLACING OF SIGN BOARDS, AND THEIR SANCTIONS
Article
24.- Violating regulations on procedures of applying permit for
advertisement.
1. A warning or a monetary fine
up to 20,000 VND for each advertisement in form of poster, leaflet or brochure
without permit.
2. Fine of from 100,000 VND to
300,000 VND for one of the following acts:
a) Advertising on banderols
without permit;
b) Accepting to draw and design
advertisement sign boards and/or panels for customers who have not got permit
for such ads.
3. Fine of from 500,000 VND to
1,500,000 VND for one of the following acts:
a) Failing to write the
registration number and expiry date of the permit or the name of the owner of
the advertising business on the signboard or billboard;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. Fine of from 1,500,000 VND to
5,000,000 VND for one of the following acts:
a) Advertising pharmaceutical
materials and/or products, cosmetics, medical instruments and/or healthcare
activities without approval by the authorized health agency;
b) Advertising on signboard or
billboard beyond the expiry date specified in the permit;
c) Advertising on printed
matters or transport means without permit.
5. Fine of from 3,000,000 VND to
10,000,000 VND for the act of assigning business permit in advertising service,
license for advertisement to another organization or individual, or using the
license of another organization or individual to operate an advertising service
or carry out advertisement.
6. Fine of from 5,000,000 VND to
15,000,000 VND for one of the following acts:
a) Operating an advertisement
business without permit;
b) Operating an advertisement
business in cooperation with a foreign individual or organization without a
contract on business cooperation;
c) Advertising without permit at
a place for cultural and art activities;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
7. Fine of from 30,000,000 VND
to 50,000,000 VND for foreign individuals and organizations that conduct
advertisement business in Vietnam, or put up advertisements without signing
contracts with Vietnamese advertisers.
8. Additional fines and other
measures for the violations stipulated in this Article:
a) Revocation of permit in case
of violations stipulated in Item 5;
b) Forcible removal of
advertisement banderols, posters, leaflets, brochures or sign boards for cases
of violation of the provisions of Item 1; Point (a), Item 2; Points (b) and
(c), Item 4; Point (d), Item 6; and Item 7.
Article
25.- Violating regulations on forms and modes of advertisement.
1. A warning or a monetary fine
up to 50,000 VND for the use of sound in excess of the allowed volume for
advertisement from 23:00 hours to 5:00 hours.
2. Fine of from 300,000 VND to
1,000,000 VND for the act of advertising on sign board or billboard which has a
similar shape and/or color and/or a design as traffic sign or a public sign.
3. Fine of from 1,000,000 VND to
2,000,000 VND for each exceeding square meter, each exceeding appearance, each
exceeding day, or each exceeding one percent regarding one of the following
acts:
a) Advertising on signboard or
billboard in excess of the area (in square meters) specified in the license;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c) Advertising in the print
press or on radio or over the television in excess of the number of days
allowed for each campaign;
d) Advertising in print press in
excess of the allowed area (in percentage).
4. Fine of from 2,000,000 VND to
5,000,000 VND for one of the following acts:
a) Modifying the shape of the
signboard or billboard from the model specified in the license;
b) Advertising without
specifying clearly the name and type of goods or product or operation licensed
for advertising, but specifying only the brandname and its manufacturer in a
general manner;
c) Advertising in the print
press over the radio or on the television in violation of the provision on
minimum interval (5 days) between two advertising campaigns.
5. Fine of from 5,000,000 VND to
10,000,000 VND for one of the following acts:
a) Advertising on the frontpage
of a daily, weekly or monthly newspaper, or on the front cover of a magazine or
its sepecial or supplementary issue;
b) Doing business in goods which
is used to advertise for goods or products which are banned from advertising.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
6. Fine of from 30,000,000 VND
to 50,000,000 VND for the act of producing goods which bears advertisement for
goods or product which is banned from advertising.
7. Fine of from 40,000,000 VND
to 50,000,000 VND for the act of using the National Flag, National Anthem,
National Emblem, portraits of Leaders, Party Flag and The International as
background for advertisement.
8. Additional fines and other
measures for the violations stipulated in this Article:
a) Confiscating the goods in
case of violations stipulated in Point (b), Item 5; and Item 6;
b) Forcible removal of the
signboard and/or billboard in case of violations stipulated in Item 2; Point
(a), Item 3; Points (a) and (b), Item 4 and Item 7.
Article
26.- Violating regulations on locations, positions and scopes of
advertisements.
1. A warning or a monetary fine
up to 10,000 VND for each advertisement poster, leaflet or brochure placed not
in the location specified in the license.
2. Fine of from 50,000 VND to
150,000 VND for an advertisement banderol placed not in the location specified
in the license.
3. Fine of from 300,000 VND to
1,000,000 VND for one of the following acts:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b) Hanging, erecting or putting
up advertisement sign boards or billboards within the protection area of a
traffic project, thus affecting traffic order and security.
4. Fine of from 2,000,000 VND to
5,000,000 VND for the act of putting up advertisement at a location banned from
use for advertisement.
5. Fine of from 5,000,000 VND to
10,000,000 VND for the act of doing advertisement business beyond the scope and
area specified in the license.
6. Additional fines and other
measures against the violations stipulated in this Article:
a) Revocation of the business
permit for advertising service in case of repeat of violations stipulated in
Item 5;
b) Forcible removal of the
banderol, poster, leaflet and/or bochure, or sign board or billboard in case of
violations stipulated in Items 1, 2, 3 and 4.
Article
27.- Violating regulations on the contents of advertisement.
1. Fine of from 200,000 VND to
500,000 VND for using pictures, photographs, posters, leaflets, brochures,
umbrellas, carts, boxes to advertise goods and/or products which are banned
from advertising.
2. Fine of from 500,000 VND to
1,500,000 VND for one of the following acts:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b) Advertising goods and/or
products which are banned from advertisement on signboards;
c) Advertising the contents of
newspapers, publications or art works which are not licensed for publishing or
distribution or public presentation or performance.
3. Fine of from 5,000,000 VND to
10,000,000 VND for modifying the content of the signboard or billboard which
has been approved as specified in the license.
4. Fine of from 10,000,000 VND
to 20,000,000 VND for one of the following acts:
a) Advertising falsely about the
goods or product and its quality as registered;
b) Advertising contents which
are detriemental to the prestige and quality of other organizations and
individuals.
5. Fine of from 30,000,000 VND
to 50,000,000 VND for one of the following acts:
a) Advertising goods and/or
products in the categories banned from advertisement on sign boards and
billboards, on transport means or in places of public cultural activities.
b) Advertising goods and/or
products in the categories banned from advertisement over the radio and on the
television and/or on printed matters, video tapes and discs and/or music tapes
and discs.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a) Confiscating the goods and
products in case of violations stipulated in Item 1, and Point (a), Item 2;
b) Forcible removal of
advertisement signboards and billboards in case of violations stipulated in
Point (b), Item 2; Items 3 and 4; and Point (a), Item 5;
c) Forcible compensation for
actual damage not exceeding 1,000,000 VND in total value for violations of the
provision of Point (b), Item 4; if the damage exceeds 1,000,000 VND, the
compensation shall be handled according to the regulations on civil
proceedings.
Article
28.- Violating regulations on writing and putting up sign boards.
1. Fine of from 50,000 VND to
150,000 VND for one of the following acts:
a) Hanging or putting up the
signboard not related to the office of the agency, organization, hotel,
restaurant or shop which owns it;
b) Writing not in full or
abbreviating the name in Vietnamese on the sign board;
2. Fine of from 150,000 VND to
500,000 VND for one of the following acts:
a) Not writing in full the
content as required on the signboard;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c) Featuring the name and its
spelling in foreign language on the sign board in a color and/or lighting
brighter than the name and its spelling in Vietnamese;
d) Hanging signboards of
economic organizations, the abbreviated names, international transaction names
and names in foreign languages of which are displayed above or of larger size
than the Vietnamese name;
e) Hanging signboards bearing
advertisement contents.
3. Additional fines and other
measures for the violations stipulated in this Article:
Forcible removal of signboards
in case of violations stipulated in Point (a), Item 1; and Item 2.
Chapter
III
JURISDICTION AND
PROCEDURE FOR SANCTIONING VIOLATIONS OF ADMINISTRATIVE REGULATIONS
Article
29.- The jurisdiction in sanctioning violations of administrative regulations
of the People's Committees at different levels.
The Presidents of the People's
Committee at different levels have the powers, within their jurisdiction as
specified in Articles 26, 27 and 28 of the Ordinance on the Handling of
Violations of Administrative Regulations, to sanction the violations of
administrative regulations in the areas under their management with regard to
the violations stipulated in this Decree.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The specialized inspectors for
cultural and information affairs have the power to administer sanctions in
accordance with the jurisdiction specified in Article 34 of the Ordinance on the
Handling of Violations of Administrative Regulations concerning cultural
activities and service specified in this Decree.
Article
31.- The jurisdiction in sanctioning violations of administrative
regulations of the Police.
The People's Police has the power,
within their jurisdiction as provided for in Article 29 of the Ordinance on the
Handling of Violations of Administrative Regulations, to sanction social evils
and acts of violation in cultural activities and service which are related to
social order and security within their jurisdiction as provided for in this
Decree.
Article
32.- The jurisdiction in sanctioning violations of administrative
regulations of the market management body.
The market management body has
the power within their jurisdiction as provided for in Article 33 of the
Ordinance on the Handling of Violations of Administrative Regulations, to
sanction acts of violation in the business of films, video tapes and discs,
music tapes and discs, books, newspapers, pictures, photographs and calendars
and in the operation of the temporary lodges and restaurants as stipulated by
this Decree.
Article
33.- The jurisdiction in sanctioning violations of administrative
regulations of the border guards and customs.
The frontier force and customs
have the power within their jurisdictions as provided for in Articles 29 and 30
of the Ordinance on the Handling of Violations of Administrative Regulations to
sanction acts of violation in the management of export and import of films,
video tapes and discs, music tapes and discs, books, pictures, photographs and
calendars as stipulated in this Decree.
Article
34.- The jurisdiction in sanctioning violations of administrative
regulations of the specialized inspection body of the medical service.
The specialized inspection body
of the medical service has the power within their jurisdiction as provided for
in Article 34 of the Ordinance on the Handling of Violations of Administrative
Regulations to sanction acts of violation in the business of massage,
advertisement of pharmaceutical materials and products, cosmetics, medical
appliances and health activities which are not approved by the competent health
authority as provided for in this Decree.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The specialized labor inspection
body has the power within their jurisdiction as provided for in Article 34 of
the Ordinance on the Handling of Violations of Administrative Regulations to
sanction acts of violation in which the use of labor is not based on signed
contracts as provided for in this Decree.
Article
36.- Collecting and handling fines
Individuals and organizations
that commit violations of administrative regulations on cultural activities and
services and on the prevention and combat against social evils and are fined
shall pay the fines at the assigned places; in case they fail to pay the fines
in a timely manner, enforcement measures shall be taken against them.
The fining authority is
prohibited from collecting the fine on the spot.
Article
37.- Confiscating and handling the material evidences and instruments
employed in the violation of administrative regulations.
In applying the form of
confiscating the material evidences and instruments employed in the violation
of administrative regulations on cultural activities and service and the
prevention and combat against social evils, the competent fining authority
shall comply strictly with the procedure provided for in Articles 51 and 52 of
the Ordinance on the Handling of Violations of Administrative Regulations, and
the following provisions:
a) With regard to material
evidences from violations of administrative regulations which are films, video
tapes and discs, music tapes and discs or publications which do not violate the
regulations on contents and means of violation, the fining authority shall
decide shall confiscate them and hand over to the financial authority of the
same level and the latter to organize a pricing council (which shall include
the compulsory presence of a representative of the cultural and information
agency) and an auction.
b) With regard to material
evidences from violations of administrative regulations which are video tapes
without label or with false labels, films, video tapes and discs, music tapes
and discs or publications which are not licensed for distribution, the fining
authority shall issue a decision to confiscate and hand them over to the
cultural and information authority of the same level to conduct evaluation; in
case the films, video tapes and discs, music tapes and discs and publications
are judged not at variance with the regulations on contents and eligible for
distribution, they shall be handed over to the financial authority of the same
level and the latter shall organize a pricing council and an auction as
described in Point (a) of this Article; in case the films, video tapes and
discs, music tapes and discs, and publications are judged to have contents
which are depraved and/or which incite sex and/or violence, the cultural and
information authority shall organize their destruction as provided for in
Article 38 of this Decree.
c) With regard to films, video
tapes and discs, music tapes and discs and publications which are banned or recalled
from distribution, the deciding authority shall issue a decision to confiscate
and hand them over to the cultural and information authority for handling in
accordance with its jurisdiction.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article
38.- Destruction of material evidences of violations of administrative
regulations.
1. With regard to material
evidences which are films, video tapes and discs, music tapes and discs and
publications which obviously contain contents which are depraved and/or which
incite sex and/or violence, the fining authority shall issue a decision to
destroy them according to his/her jurisdiction or to hand them over to the
competent authority for destruction.
2. With regard to material
evidences which are films, video tapes and discs, music tapes and discs, and
publications whose contents show signs of depravity, pornography or violence
inciting, the finding authority shall hand them over to the competent cultural
and information authority to organize the expertise; if the expertise proves
that they are depraved, pornographic or violence inciting the cultural and
information authority shall organize their destruction.
In case the films, video tapes
and discs, music tapes and discs and publications are judged to be not depraved
or pornographic violence inciting they shall be handed over to the financial
authority of the same level which shall organize a pricing council and an
auction as provided for in Article 37 of this Decree.
3. In destroying films, video
tapes and discs, music tapes and discs and publications with contents which are
depraved, pornographic or violence inciting, the handling authority shall
establish a settlement council with the participation of representatives of the
cultural and information, public security and financial authorities and the
People's Procurator of the same level; in case of necessity, representatives of
the concerned agencies and organizations shall be invited as witnesses to the
destruction.
The destruction shall be
recorded in writing and shall be endorsed by the members of the settlement
council.
4. The Ministry of Culture and
Information shall provide detailed guidance regarding the destruction
procedures stipulated in this Article.
Article
39.- Complaints and denunciations
1. All citizens have the right
to denounce to the competent State authority the acts of violation of
administrative regulations by organizations and individuals in cultural
activities and services and in the prevention and combat against social evils
stipulated in this Decree, or denounce the violations committed by competent
authorities in the handling of violations of administrative regulations
provided in this Decree.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. The procedures for complaint
and denunciation and the jurisdiction for handling the complaint and
denunciation of the violations of administrative regulations in cultural
activities and service and the prevention and combat against social evils shall
comply with the provision of Articles 87, 88 and 90 of the Ordinance on the
Handling of Violations of Administrative Regulations.
Chapter IV
IMPLEMENTATION PROVISIONS
Article
40.- This Decree is effective from February 1st, 1996.
The previous provisions which
are contrary to this Decree are now annulled.
Article
41.- The Minister of Culture and Information and the Minister of Labor, War
Invalids and Social Affairs shall within the scope of their tasks and
functions, have the responsibility to guide the organization for the
implementation of this Decree.
Article
42.- The Ministers, Heads of the Agencies of ministerial level and Agencies
attached to the Government, and the Presidents of the People's Committees of
the provinces and cities directly under the Central Government shall be
responsible for the implementation of this Decree.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.