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THE GOVERNMENT
OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 128/2022/ND-CP
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Hanoi, December
30, 2022
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DECREE
AMENDMENT TO DECREE
NO. 38/2021/ND-CP DATED MARCH 29, 2021 PRESCRIBING PENALTIES FOR ADMINISTRATIVE
VIOLATIONS INVOLVING CULTURAL AND ADVERTISING ACTIVITIES AMENDED BY DECREE NO.
129/2021/ND-CP DATED DECEMBER 30, 2021 OF THE GOVERNMENT ON AMENDMENTS TO SOME
ARTICLES OF DECREES PROVIDING FOR PENALTIES FOR ADMINISTRATIVE VIOLATIONS
AGAINST REGULATIONS ON TOURISM; SPORTS; COPYRIGHT AND RELATED RIGHTS; CULTURAL
AND ADVERTISING ACTIVITIES
Pursuant to the Law on Government Organization
dated June 19, 2015; the Law on amendment to the Law on Government Organization
and the Law on Local Government Organization dated November 22, 2019;
Pursuant to the Law on Penalties for
Administrative Violations dated June 20, 2012; the Law on amendment to the Law
on Penalties for Administrative Violations dated November 13, 2020;
Pursuant to the Law on Cinematography dated June
15, 2022;
At request of the Minister of Culture, Sports
and Tourism;
The Government promulgates Decree on amendment
to Decree No. 38/2021/ND-CP dated March 29, 2021 prescribing penalties for
administrative violations involving cultural and advertising activities amended
by Decree No. 129/2021/ND-CP dated December 30, 2021 of the Government on
amendments to some articles of Decrees providing for penalties for
administrative violations against regulations on tourism; sports; copyright and
related rights; cultural and advertising activities.
Article 1. Amendment to Decree No. 38/2021/ND-CP
dated March 29, 2021 prescribing penalties for administrative violations
involving cultural and advertising activities amended by Decree No.
129/2021/ND-CP dated December 30, 2021 of the Government on amendments to some
articles of Decrees providing for penalties for administrative violations
against regulations on tourism; sports; copyright and related rights; cultural
and advertising activities
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a) Clause 10 is amended as follows:
“10. Mandated removal of infringement materials
from films and items related to films; exhibitions; art galleries; photography
exhibits; sculpture camps; advertising products;”
b) Clause 16 is amended as follows:
“16. Mandated destruction of films, erasure of
films, removal of films; mandated destruction of video recordings and audio
recordings of performing arts;”
c) Clause 17 is amended as follows:
“17. Mandated disclosure on mass media pertaining
to revocation of titles and awards of performing arts shows; beauty contests,
modeling contest; mandated cessation of film distribution;”
d) Clause 18 is amended as follows:
“18. Mandated return of license to provide filming
services with the use of backgrounds in Vietnam; film rating license; license
to organize film festivals, specialized or thematic film festivals film awards,
film competitions, film programs, and film weeks; written approval for
competitions and festivals for performing arts; certificates of eligibility for
provision of karaoke or discotheque services; permits to copy art works about
cultural celebrities, national heroes or leaders; exhibition licenses; art
exhibition permits; permits to build monuments and murals; permits for
organizing sculpture camps; photography exhibition permits; certificates of
eligibility for antique appraisal business; certificates of practicing of
preservation, rehabilitation and restoration of monuments; certificates of
eligibility for practicing of preservation, rehabilitation and restoration of
monuments; establishment and operation certificates, establishment and
operation licenses of foreign cultural institutions in Vietnam to the issuing
authority.”
dd) Clause 19 is added below Clause 18:
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2. Clause 2 Article 5 is
amended as follows:
“2. Fines mentioned under Chapter II and Chapter
III hereof are imposed on individual offenders, except for cases under Clauses
2, 5, 6, and 7 Article 10; Clauses 4, 5, 6, and 7 Article 10 a; Point a Clause
2, Clauses 3, 5, and 6, Points a, b, c, and d Clause 7 Article 14; Clauses 1,
2, 3, and 4 and Point b Clause 5 Article 21; Clauses 1, 2, 3, and 4 and Point b
Clause 5 Article 23; Clause 1 Article 24; Articles 30, 38, 39, and 40 hereof
which are imposed on organization offenders.”
3. Article 5a and Article 5b
are added below Article 5 as follows:
“Article 5a. Implementation of
administrative penalties and remedial measures
1. The implementation of
administrative penalties and remedial measures under this Decree shall conform
to the Law on Penalties for Administrative Penalties and other elaborating
documents.
2. The case where the adopted
remedial measure is mandated return of fabricated, falsified, or otherwise
altered license, documents which change the contents or imitate information in
the application for license issuance, proceed as follows:
a) Competent individuals entitled to issue decision
imposing administrative penalties, organization and individual offenders
responsible for adopting remedial measure that is mandated return of
fabricated, falsified, or otherwise altered license and documents which change
the contents in accordance with Clauses 1, 2, 3, and 4 Article 65 of the Law on
Penalties for Administrative Violations;
b) Organization and individual offenders are
responsible for submitting fabricated, falsified, or otherwise altered license
and documents to issuing authorities in person or via post and providing
receipts or proof of submission to competent individuals who issued decision on
enforcement of remedial measure under this Clause;
c) Competent individuals entitled to issue decision
on enforcement of remedial measure according to this Clause must inform competent
authorities and individuals that previously issued said license and documents.
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a) Competent individuals entitled to issue
decisions on penalties for administrative violations, organization and
individual offenders responsible for adopting remedial measure of mandated
apology to organization and individuals in writing shall conform to Clauses 1,
2, 3, and 4 Article 85 of the Law on Penalties for Administrative Violations;
b) Organization and individual offenders are
responsible for sending written apology to the recipients and individuals
entitled to issue decisions on enforcement of remedial measure under this
Clause.
Article 5b. Procedures for imposing penalties
for violations simultaneously prescribed under the Criminal Code
When processing a violation for the purpose of
imposing administrative penalties, the case where a violation that involves
slander or libel as prescribed under Point a, dd, and e Clause 1 Article 6; art
performances, competitions, or festivals that violate legal rights and benefits
of organizations, individuals as prescribed under Point b Clause 5 Article 7
Article 11; organization of beauty contests or modeling contests that violates
legal rights and benefits of other organizations, individuals as prescribed
under Clause 6 Article 12; hanging or display of pictures, images, calendars,
or other items portraying pornographic contents as prescribed under Clauses 2,
4, and 5 Article 16; display of work of fine arts, other works of arts that
encourage violence or deviant lifestyle as prescribed under Point a,
construction of artistic structures that encourage violence or deviant
lifestyle as prescribed under Point d Clause 5 Article 17; Point a Clause 6
Article 18; Clauses 4, 5, 6, and 7 Article 31 and other violations according to
this Decree has signs of criminal activities, competent individuals accepting
the case must transfer the case file to competent authorities entitled to
pursue criminal proceeding in order to initiate criminal prosecution in
accordance with Clauses 1, 2, and 4 Article 62 of the Law on Penalties for
Administrative Violations.
If competent authorities entitled to pursue
criminal proceeding issue decision not to press criminal charges; decision to
cancel decision on not filing criminal charges; decision on termination of
investigation of criminal case; decision on termination of investigation
against the suspect; decision on termination of investigation of criminal case
against the suspect; decision on cancellation of decision on filing charges
against the suspect, transfer the case file to competent individuals entitled
to impose penalties for administrative violations according to Clause 3 Article
62 and Article 63 of the Law on Penalties for Administrative Violations for
administrative penalties in accordance with this Decree.”
4. Section 1 Chapter II is
amended as follows:
“Section 1
VIOLATIONS IN
CINEMATOGRAPHY
Article 6. Violations of regulations on
prohibited contents in cinematography activities
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a) Distorting national history, denying
revolutionary achievements; insulting the nation, notables, and national
heroes; inappropriately express or infringe the national sovereignty; slander
and insult the reputation of agencies, organizations, and the honor and dignity
of individuals;
b) Disclosing personal secrets and other secrets as
per the law, other than cases met with administrative penalties according to
cybersecurity laws;
c) Inciting violence or criminal behaviors by
depicting detail implementation, graphics, sound, dialogues, scenes of brutal
or cruel assaulting, torturing, or killing of another human being and other
behaviors which violate human dignity, except for cases where such details are
employed for the purpose of criticizing, denouncing crimes and injustice while
highlighting justice, traditional and cultural value;
d) Harming cultural value, benefits of the nation
and the people of Vietnam; encouraging social vices; undermining culture and
social moral;
dd) Depicting images, sound, or dialogues that are
pornographic, deviant, or incestuous in nature;
e) Inciting or resisting the implementation of the
Constitution and the law.
2. Additional penalties:
Suspending all movie production activities in
Vietnam; film distribution; film release; cinematography advertising and
promotion for 1 to 3 months in regard to violations under Clause 1 of this
Article.
3. Remedial measures:
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b) Mandated apology to individuals in writing in
regard to violation under Point b Clause 1 of this Article;
c) Mandated destruction of films or erasure of
films or removal of films from the internet or mandated removal of infringement
materials from films and items related to films in regard to violations under
Point c, d, dd, and e Clause 1 of this Article.
Article 7. Violations of regulations on
prohibited acts in cinematography activities
1. A fine ranging from
10.000.000 VND to 20.000.000 VND shall be imposed on failure to inform
competent state authorities about film dissemination at public screening
venues.
2. A fine ranging from
40.000.000 VND to 50.000.000 VND shall be imposed on:
a) Disseminating films via cinemas, television
systems, and public screening venues without film rating license or broadcast
decision;
b) Disseminating films on the internet without
rating or disclosing rating results as per the law;
c) Changing or altering film contents and film
rating results which has been issued with film rating license or broadcast
decision;
d) Distributing, disseminating films which are
subject to decision on revocation of film rating license or broadcast decision.
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a) Mandated removal of films from television in
regard to distributing, disseminating films on television network without film
rating license or broadcast decision mentioned under Point a Clause 2 of this
Article;
b) Mandated destruction of or erasure of films
containing details under Points a, b, and i Clause 1 Article 9 of the Law on
Cinematography in regard to distributing or disseminating films via cinemas or
public screening venues without film rating license or broadcast decision
mentioned under Point a Clause 2 of this Article;
c) Mandated removal of films from the internet in
regard to violation under Point b Clause 2 of this Article;
d) Mandated restoration of original condition in
regard to violation under Point c Clause 2 of hits Article;
dd) Mandated return of revenues generated by
violations under Clause 2 of this Article;
Article 8. Violation pertaining to film
production
1. A fine ranging from
10.000.000 VND to 20.000.000 VND shall be imposed on falsifying information in
the application for license to provide filming services with the use of
backgrounds in Vietnam.
2. A fine ranging from
20.000.000 VND to 30.000.000 VND shall be imposed on:
a) Altering or changing the contents of the license
to provide filming services with the use of backgrounds in Vietnam;
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3. A fine ranging from
30.000.000 VND to 40.000.000 VND shall be imposed on:
a) Failing to use services provided by Vietnamese
cinematographic facilities when producing films in Vietnam of foreign
organizations and individuals;
b) Failing to produce written service agreement or
contract signed with Vietnamese cinematographic facilities when using film
production services in Vietnam of foreign organizations and individuals;
c) Failing to adhere to the license to provide
filming services with the use of backgrounds in Vietnam.
4. A fine ranging from
40.000.000 VND to 50.000.000 VND shall be imposed on:
a) Failing to present the license to provide
filming services with the use of backgrounds in Vietnam when using filming
services with the use of backgrounds in Vietnam;
b) Allowing other organizations and individuals to
use the license to provide filming services with the use of backgrounds in
Vietnam;
c) Using license to provide filming services with
the use of backgrounds in Vietnam of other organizations.
5. Additional penalties:
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b) Temporarily suspending the license to provide
filming services with the use of backgrounds in Vietnam for 1 to 3 months in
regard to violation under Point b Clause 4 of this Article;
c) Confiscating the license to provide filming
services with the use of backgrounds in Vietnam in regard to violation under
Point c Clause 4 of this Article.
6. Remedial measures:
a) Mandated return of license to provide filming
services with the use of backgrounds in Vietnam to issuing authorities in
regard to violation under Clause 1 if the license has been issued and in regard
to violation under Point a Clause 2 of this Article;
b) Mandated submission of commitment to not violate
Article 9 of the Law on Cinematography to competent authorities in regard to
violation under Point b Clause 2 of this Article;
Mandated submission of revenues generated by the
violation under Point b Clause 4 of this Article if illegal revenues are
generated.
Article 9. Violation of regulations pertaining
to film distribution
1. A fine ranging from
10.000.000 VND to 20.000.000 VND shall be imposed on managing and using
imported films for purposes other than their intended purposes which are
research, education, archive, and internal use.
2. A fine ranging from
20.000.000 VND to 30.000.000 VND shall be imposed on failing to submit written
commitment to not violate Article 9 of the Law on Cinematography to competent
authorities as per the law when importing films.
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Film confiscation in regard to violation under
Clause 1 of this Article.
4. Remedial measures:
a) Mandated return of revenues generated by
violations under Clause 1 of this Article;
b) Mandated submission of commitment to not violate
Article 9 of the Law on Cinematography to competent authorities in regard to
violation under Clause 2 of this Article.
Article 10. Violation of regulations pertaining
to film dissemination
1. A fine ranging from
5.000.000 VND to 10.000.000 VND shall be imposed on:
a) Disseminating films during hours other than
those regulated by cinemas and public screening venues other than on public
transport;
b) Failing to announce suspension of film
dissemination publicly on mass media according to decisions of competent
authorities.
2. Fines for violation of
obligations of cinematography facilities which disseminate films are as
follows:
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b) A fine ranging from 40.000.000 VND to 60.000.000
VND shall be imposed on failing to ensure adequate conditions in order to
disseminate films depending on methods of dissemination as per the law;
c) A fine ranging from 60.000.000 VND to 80.000.000
VND shall be imposed on failing to display film rating or disclaimer as per the
law;
d) A fine ranging from 80.000.000 VND to
100.000.000 VND shall be imposed on failing to cease film dissemination at
written request of competent authorities.
3. Fines for violation of
regulations pertaining to rating license are as follows:
a) A fine ranging from 10.000.000 VND to 20.000.000
VND shall be imposed on falsifying information in the application for film
rating license;
b) A fine ranging from 20.000.000 VND to 30.000.000
VND shall be imposed on altering the contents of film rating license;
c) A fine ranging from 30.000.000 VND to 40.000.000
shall be imposed on failing to notify competent authorities in writing about
change of film titles which does not change the film contents or film contents
to which film rating license has been issued;
d) A fine ranging from 40.000.000 VND to 50.000.000
VND shall be imposed on failing to apply for reissuance of film rating license
when film contents to which film rating license has been issue are changed as
per the law.
4. A fine ranging from
10.000.000 VND to 15.000.000 VND shall be imposed on the following violations
pertaining to film dissemination at public screening venues:
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b) Failing to notify competent authorities of
screening contents and programs as per the law;
c) Failing to change screening time or scale at
public screening venues at request of competent authorities;
d) Disseminating films after issuing written notice
pertaining to screening contents and programs where competent authorities issue
a written rejection.
5. Fines for violations
pertaining to film dissemination in cinemas of cinematography facilities are as
follows:
a) A fine ranging from 20.000.000 VND to 40.000.000
VND shall be imposed on failing to link data and produce reports on operation
situations at request of competent authorities;
b) A fine ranging from 40.000.000 VND to 60.000.000
VND shall be imposed on failing to sustain adequate screening sessions of
Vietnamese films, time frames of Vietnamese films, duration and time frames of
children films as per the law;
c) A fine ranging from 60.000.000 VND to 80.000.000
VND shall be imposed on failing to ensure proper audience according to film
rating;
d) A fine ranging from 80.000.000 VND to 100.000.000
VND shall be imposed on failing to meet national technical regulation on
cinemas.
6. Fines for violation
pertaining to film dissemination on television network are as follows:
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b) A fine ranging from 60.000.000 VND to 80.000.000
VND shall be imposed on failing to establish Film Appraisal and Rating Council
of press authorities.
7. Fines for violation
pertaining to dissemination of films on the internet are as follows:
a) A fine ranging from 20.000.000 VND to 40.000.000
VND shall be imposed on failing to send the list of films to be disseminated
and film rating service to the Ministry of Culture, Sports and Tourism prior to
dissemination as per the law;
b) A fine ranging from 40.000.000 VND to 60.000.000
VND shall be imposed on failing to designate contact points to receive and
process request of competent authorities, complaints, feedback, and accusations
of service users as per the law;
c) A fine ranging from 60.000.000 VND to 80.000.000
VND shall be imposed on failing to implement technical solutions and cooperate
with competent authorities in removing and preventing violating films as per
the law;
d) A fine ranging from 80.000.000 VND to
100.000.000 VND shall be imposed on failing to satisfy any of the film rating
conditions as per the law;
dd) A fine ranging from 80.000.000 VND to
100.000.000 VND shall be imposed on failing to implement necessary technical
solutions and provide guidance to enable parents or guardians of children to
control, manage, allow children to watch films on the internet appropriate to
the film rating, and allow users to report violating films as per the law;
e) A fine ranging from 80.000.000 VND to
100.000.000 VND shall be imposed on failing to remove films violating Article 9
of the Law on Cinema and other relevant law provisions at written request of
competent authorities;
g) A fine ranging from 80.000.000 VND to
100.000.000 VND shall be imposed on failing to prevent access to violating
films at request of competent authorities as per the law.
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a) Mandated announcement of suspension of film
dissemination on mass media in regard to violation under Point b Clause 1 of
this Article;
b) Mandated return of film rating license to issuing
authorities in regard to violation under Point a if the license has been issued
and in regard to violation under Point b Clause 3 of this Article;
c) Mandated return of revenues generated by
violation under Point a Clause 1, Point d Clause 4 of this Article;
d) Mandated removal of films from the internet in
regard to violation under Clause 7 of this Article.
Article 10a. Violation of regulations pertaining
to legal deposit, film festivals, film award, film contests, film programs, and
film weeks
1. A fine ranging from
5.000.000 VND to 10.000.000 VND shall be imposed on:
a) Failing to make legal deposit of films which
have been issued with film rating license as per the law;
b) Failing to unlock password to allow comparison
and inspection at request of film rating license issuing authorities as per the
law;
c) Failing to ensure safety of films, script, and
attachments in accordance with national technical regulations;
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2. A fine ranging from
10.000.000 VND to 20.000.000 VND shall be imposed on falsifying information in
application for film festivals, specialized or thematic film festivals, film
awards, film contests, film programs, and film weeks.
3. A fine ranging from
20.000.000 VND to 30.000.000 VND shall be imposed on fabricating or altering
the license to organize film festivals, specialized or thematic festivals, film
awards, film contests, film programs, and film weeks.
4. A fine ranging from
30.000.000 VND to 40.000.000 VND shall be imposed on failing to send plans or
results of film festivals, specialized or thematic film festivals, film awards,
film contests, film programs, and film weeks to competent authorities as per the
law.
5. A fine ranging from
40.000.000 VND to 60.000.000 VND shall be imposed on organizing film festivals,
specialized or thematic film festivals, film awards, film contests, film
programs, and film weeks that do not meet any of the conditions prescribed by
Vietnamese agencies or organizations, except for cases where such Vietnamese
agencies and organizations are central authorities, political organizations,
socio-occupational organizations, People's Committees of provinces.
6. A fine ranging from 60.000.000
VND to 80.000.000 VND shall be imposed on failing to adhere to the license to
organize film festivals, specialized or thematic film festivals, film awards,
film contests, film programs, and film weeks.
7. A fine ranging from
80.000.000 VND to 100.000.000 VND shall be imposed on:
a) Failing to obtain license to organize film
festivals, specialized or thematic film festivals, film awards, film contests,
film programs, and film weeks as per the law;
b) Failing to acquire film rating license or broadcast
decision for film submitted to film festivals, specialized or thematic film
festivals, film awards, film contests, film programs, and film weeks;
c) Allowing other organizations and individuals to
use the license to organize film festivals, specialized or thematic film
festivals, film awards, film contests, film programs, and film weeks;
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8. Additional penalties:
a) Temporarily suspending the license to organize
film festivals, specialized or thematic film festivals, film awards, film
contests, film programs, and film weeks for 1 to 3 months in regard to
violation under Point c Clause 7 of this Article;
b) Confiscating license to organize film festivals,
specialized or thematic film festivals, film awards, film contests, film
programs, and film weeks in regard to violation under Point d Clause 7 of this
Article.
9. Remedial measures:
a) Mandated return of license to organize film
festivals, specialized or thematic film festivals, film awards, film contests,
film programs, and film weeks to competent authorities in regard to violation
under Clause 2 if the license has been issued and in regard to violation under
Clause 3 of this Article;
b) Mandated film destruction or erasure or removal
of films containing details prescribed under Point a, b, and i Clause 1 Article
9 of the Law on Cinematography in regard to violation under Point b Clause 7 of
this Article;
c) Mandated submission of revenues generated by the
violation under Point c Clause 7 of this Article if illegal revenues are
generated.”
5. Point dd Clause 4 Article
34 is added as follows:
“dd) Advertising films by trailers or information
relating to the film before and during production, distribution, or
dissemination in a way that violates Article 9 of the Law on Cinematography.”
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1. Annul Clause 11 Article 4 of Decree No.
38/2021/ND-CP; annul Clause 3 Article 4 of Decree No. 129/2021/ND-CP.
2. Annul the following words
and phrases
a) Annul the word “phim” (film) under Clause 6, the
phrase “giấy phép hợp tác, liên doanh sản xuất phim, cung cấp dịch vụ sản xuất
phim” (permits for affiliation or partnership in film production or provision
of film production services) under Clause 7 Article 4 of Decree No.
38/2021/ND-CP;
b) Annul the phrase “điểm b khoản 5 Điều 9” (Point
b Clause 5 Article 9) under Clause 4, the phrase “Điều 7; khoản 4, khoản 5 Điều
9” (Article 7; Clause 4, Clause 5 Article 9) under Clause 6 Article 71 of
Decree No. 38/2021/ND-CP amended by Clause 24 Article 4 of Decree No.
129/2021/ND-CP;
c) Annul the phrase “điểm b khoản 7 Điều 6” (Point
b Clause 7 Article 6) under Clause 1 Article 5 of Decree No. 129/2021/ND-CP;
d) Annul the phrase “hoặc bổ sung” (or adding)
under Point b Clause 2 Article 11, Point c Clause 5 Article 15, Point b Clause
2 Article 17, Clause 2 Article 18, Clause 2 Article 19, Point b Clause 4
Article 20, Clause 2 Article 21, Clause 3 Article 22, Clause 2 Article 23,
Point b Clause 3 Article 30 of Decree No. 38/2021/ND-CP, Point e Clause 10
Article 11 of Decree No. 38/2021/ND-CP amended by Clause 4 Article 4 of Decree
No. 129/2021/ND-CP, Point c Clause 10 Article 15 of Decree No. 38/2021/ND-CP
amended by Clause 4 Article 4 of Decree No. 129/2021/ND-CP, Point i Clause 7
Article 17 of Decree No. 38/2021/ND-CP amended by Clause 6 Article 4 of Decree
No. 129/2021/ND-CP, Point h Clause 8 Article 18 of Decree No. 38/2021/ND-CP
amended by Clause 7 Article 4 of Decree No. 129/2021/ND-CP, Point dd Clause 8
Article 19 of Decree No. 38/2021/ND-CP added by Clause 8 Article 4 of Decree
No. 129/2021/ND-CP, Point c Clause 6 Article 22 of Decree No. 38/2021/ND-CP
amended by Clause 10 Article 4 of Decree No. 129/2021/ND-CP, Point c Clause 7
Article 23 of Decree No. 38/2021/ND-CP amended by Clause 11 Article 4 of Decree
No. 129/2021/ND-CP, Point b Clause 7 Article 30 of Decree No. 38/2021/ND-CP
amended by Clause 12 Article 4 of Decree NO. 129/2021/ND-CP.
3. Replace the following
phrases
a) Replace the phrase “điểm a khoản 4 Điều 6”
(Point a Clause 4 Article 6) with the phrase “điểm a khoản 1 Điều 6” (Point a
Clause 1 Article 6), the phrase “các điểm b, c và d khoản 5 Điều 17” (Points b,
c, and d Clause 5 Article 17) with the phrase “điểm d khoản 5 Điều 17” (Point d
Clause 5 Article 17) under Clause 2 Article 71 of Decree No. 38/2021/ND-CP
amended by Clause 24 of Article 4 of Decree No. 129/2021/ND-CP;
b) Replace the phrase “điểm b khoản 2 và khoản 5
Điều 8” (Point b Clause 2 and Clause 5 Article 8) with the phrase “Điều 6;
khoản 2 Điều 7; điểm b khoản 1, khoản 3, khoản 6 và khoản 7 Điều 10” (Article
6; Clause 2 Article 7; Point b Clause 1, Clause 3, Clause 6, and Clause 7
Article 10) under Clause 8 Article 71 of Decree No. 38/2021/ND-CP amended by
Clause 24 Article 4 of Decree No. 129/2021/ND-CP;
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4. Add the following phrases
a) Add the phrase “bằng văn bản” (in writing) after
the phrase “tổ chức, cá nhân” (organizations and individuals) under Clause 4
Article 4, Point b Clause 10 Article 11, Point d Clause 9 Article 12, Point d
Clause 8 Article 18, Point b Clause 8 Article 34 of Decree No. 38/2021/ND-CP;
b) Add the phrase “trong trường hợp tang vật vi
phạm là văn hóa phẩm có nội dung độc hại” (in case the exhibits of violation
are cultural products containing toxic materials) after the phrase “Điều này”
(this Article under Point b Clause 7 Article 17, Point e Clause 8 Article 18,
Point c Clause 8 Article 19 of Decree No. 38/2021/ND-CP.
Article 3. Responsibilities for organizing
implementation
1. Ministry of Culture, Sports
and Tourism shall take charge and cooperate with relevant ministries and
central departments in organizing implementation of this Decree.
2. Ministers, heads of
ministerial agencies, heads of Governmental agencies, Chairpersons of People’s
Committees of provinces and central-affiliated cities are responsible for the
implementation of this Decree.
Article 4. Implementation
1. This Decree comes into
force from February 15, 2023.
2. Transition clauses
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b) With respect to the case where decisions on
administrative penalties have been promulgated or fully complied with before
the effective date hereof and organizations or individuals met with the
decisions on administrative penalties wish to file complaints, Decree No.
38/2021/ND-CP and Decree No. 129/2021/ND-CP shall prevail.
ON BEHALF OF. THE
GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Vu Duc Dam