Nghị định 38/2021/NĐ-CP xử phạt vi phạm hành chính trong lĩnh vực văn hóa quảng cáo

DECREE

PRESCRIBING PENALTIES FOR ADMINISTRATIVE VIOLATIONS INVOLVING CULTURAL AND ADVERTISING ACTIVITIES

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on Amending and Supplementing certain Articles of the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Administrative Penalties dated June 20, 2012;

Pursuant to the Law on Cultural Heritage dated June 29, 2001; the Law on Amendments and Supplements to certain Articles of the Law on Cultural Heritage dated June 18, 2009;

Pursuant to the Law on Cinematography dated June 29, 2006; the Law on Amendments and Supplements to certain Articles of the Law on Cinematography dated June 18, 2009;

Pursuant to the Law on Advertising dated June 21, 2012;

Pursuant to the Law on Libraries dated November 21, 2019;

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The Government hereby issues the Decree that stipulates penalties for administrative violations involving cultural and advertising activities.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree prescribes acts, sanction forms, rates and remedies, authority to issue penalty notice and authority to sanction administrative violations involving cultural and advertising activities.

2. Administrative violations involving cultural and advertising activities that are not covered by this Decree shall be subject to penalties for administrative violations involving relevant state management activities.

Article 2. Subjects of application

1. This Decree shall apply to:

a) Vietnamese entities and persons committing administrative violations involving cultural and advertising activities in Vietnam and abroad;

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c) Persons having authority to issue penalty notices or sanctioning authority, subject to this Decree.

2. Entities or organizations specified in point a and b of clause 1 of this Article, including:

a) State regulatory authorities committing any violation that does not fall within the assigned state management duties;

b) Vietnamese enterprises and their subordinate units (e.g. branches, representative offices), foreign enterprises operating within Vietnam; branches, representative offices of foreign enterprises operating within Vietnam;

c) Cooperatives or cooperative alliances;

d) State and non-state public service units;

dd) Socio-professional organizations operating in cultural and advertising sectors;

e) International and foreign organizations in Vietnam;

g) Foreign cultural establishments in Vietnam and their branches in Vietnam;

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Article 3. Sanctioning forms

1. Main sanctioning forms:

b) Cautions;

b) Fines;

c) Temporary suspension.

2. Other supplementary penalties:

a) Confiscation of exhibits and means used for commission of administrative violations;

b) Temporary suspension;

c) Temporary seizure of the rights to use licenses or practicing certificates.

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In addition to the remedies specified in point a, b, dd, e and i of clause 1 of Article 28 in the Law on Sanctioning of Administrative Violations, this Decree stipulates the remedies the violations prescribed in Chapter II and III, including:

1. Compulsory return of encroached land at historical – cultural relics, scenic beauties;

2. Compulsory return of fraudulently exchanged or appropriated information resources;

3. Compulsory removal, demolition or deletion of advertisements or recall of print ads, including newspapers and magazines, or compulsory dismantlement of advertising or commercial signage, billboards or signboards;

4. Compulsorily offering apologies to organizations and individuals;

5. Compulsory disgorgement of illegal gains from commission of violations;

6. Compulsory removal of films, audio and video recordings, cultural products with harmful contents in electronic form, on the internet and digital environment;

7. Compulsory withdrawal of permits for affiliation or partnership in film production or provision of film production services; written approval for art performance; written approval for competitions and festivals for performing arts; certificates of participation in overseas beauty or model contests; certificates of conformance to karaoke or discotheque service business regulations; permits to copy art works about cultural celebrities, national heroes or leaders; exhibition licenses; art exhibition permits; permits to build monuments and murals; written approval for art contests; photography exhibition permits; permits to make copies of national relics, antiques and treasures; certificates of conformance to antique appraisal business regulations; certificates of practice of preservation, rehabilitation and restoration of monuments; certificates of conformance to regulatory requirements for practice of preservation, rehabilitation and restoration of monuments; certificates of registration of establishment and operation, licenses for establishment and operation of foreign cultural establishments in Vietnam;

8. Compulsory revocation of titles and prizes that individuals win in performing arts contests, festivals, beauty and model contests;

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10. Compulsory removal of infringement issues from films that have obtained dissemination permits; audio and video recordings of musical, dance or theater performances which have been permitted for release; exhibitions; art exhibitions, photography exhibitions, sculpture camps; advertisements;

11. Compulsory satisfaction of mandatory requirements for provision of facilities and equipment in cinemas with special effects on audience;

12. Compulsory destruction of exhibits involved in violations;

13. Compulsorily additional sale of books, library facilities, amenities and employees meeting regulations;

14. Compulsory addition of names and addresses of advertising makers;

15. Compulsory affixing of inspection and market authorization stamps, labels to electronic gaming machines not connected to the Internet;

16. Compulsory destruction of films, tapes, discs or material objects containing films; audio or video recordings containing performing art works;

17. Compulsory announcement of revocation of titles and prizes awarded in performing arts contests or festivals, beauty or model contests.

Article 5. Amounts of fine and fining authority

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2. The amounts of fine specified in Chapter II and Chapter III of this Decree are imposed on individuals while those specified in clause 1, point c clause 4, point a clause 5 and 6 of Article 6; point c, dd, e and g clause 4 of Article 8; clause 1, 2 and 3 of Article 9; Article 10; point a clause 2, clause 3, 5 and 6, point a, b, c and d clause 7 Article 14; clause 1, 2, 3, 4 and point b clause 5 Article 21; clause 1, 2, 3, 4 and point b clause 5 Article 23; clause 1 of Article 24; Article 30, 38, 39 and 40 of this Decree are applicable to organizations.

3. If an organization commits the same violation, the amount of fine imposed on that organization shall be 02 times greater than that imposed on an individual.

4. Authority to impose fines of different officeholders regulated in Chapter IV herein shall be authority to impose fines for administrative violations committed by individuals; authority to impose fines on organizations shall be 2 times as much as that on individuals.

Chapter II

TYPES OF ADMINISTRATIVE VIOLATIONS, SANCTIONING FORMS AND REMEDIES FOR VIOLATIONS ARISING FROM CULTURAL ACTIVITIES

Section 1. CINEMATOGRAPHY-RELATED VIOLATIONS

Article 6. Violations against filmmaking regulations

1. Imposing the fine of between 5,000,000 dong and 10,000,000 dong for the act of failure to make truthful declarations in applications for permits for cooperation or joint venture in film production, provision of film production services.

2. Imposing the fine ranging from 10,000,000 dong to 20,000,000 dong for one of the following violations:

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b) Producing films revealing the privacy of other persons without their consent that is required by laws.

3. Imposing the fine ranging from 20,000,000 dong to 30,000,000 dong for one of the following violations:

a) Extracting, adding sounds and images that are defamatory and offend the value of the national emblem; distort historical facts; deny revolutionary achievements; harm national sovereignty; insult the nation, great figures and national heroes; incite violence; contain pornography, debauchery, but not to the extent that criminal prosecution is required, to films obtaining dissemination permits;

b) Adding or removing contents of the films already obtaining dissemination permits.

4. Imposing the fine ranging from 30,000,000 dong to 40,000,000 dong for one of the following violations:

a) Producing movies offending an organization’s reputation, or an individual’s honor and dignity, except for the case of offending great figures and national heroes;

b) Producing movies with pornographic contents but not to the extent of being prosecuted for penal liability; inciting violence; movies spreading social evils; destroying ecological environment; not suitable for Vietnamese fine customs and traditions;

c) Failing to establish a Script Review Council, Film Review Council and Film Production Project Selection Council; failing to invite bids for film production funded by the state budget according to regulations.

5. Imposing the fine ranging from 40,000,000 dong to 50,000,000 dong for one of the following violations:

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b) Entering into cooperation or joint venture in production of films or provision of film production services without any license;

a) Producing films that defame and offend the value of the national emblem; distort historical facts; deny revolutionary achievements; harm national sovereignty; insult the nation, great figures and national heroes; contain debauchery, but not to the extent that criminal prosecution is required;

d) Using permits for cooperation or joint venture in production of films or provision of film production services that are held by other film producers.

6. Imposing the fine of between 80,000,000 dong and 100,000,000 dong for the act of allowing other organizations or individuals to use permits for cooperation or joint venture in film production, provision of film production services.

7. Other supplementary penalties:

a) Imposing the penalty in the form of seizure of the right to use permits for cooperation or joint venture in film production, provision of film production services for a period from 18 months to 24 months for the violations prescribed in clause 6 of this Article;

b) Imposing the penalty in the form of confiscation of permits for cooperation or joint venture in film production, provision of film production services for the violations prescribed in point a of clause 2 of this Article.

8. Remedies:

a) Compelling confiscation of issued permits for cooperation or joint venture in film production, provision of film production services for the violations prescribed in clause 1 of this Article;

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c) Compelling ratification of false information with respect to the violations specified in point a of clause 4 of this Article;

d) Compelling the destruction of films with respect to the acts specified in point b of clause 2, point a of clause 4 of this Article;

dd) Compelling the destruction of cultural products having detrimental effects with respect to the acts specified in point a of clause 3, point b of clause 4 and point c of clause 5 of this Article;

e) Compelling the removal of infringement issues from films obtaining dissemination permits with respect to the violations specified in point b of clause 3 of this Article.

Article 7. Violations against film release regulations

1. Imposing the fine ranging from 1,000,000 dong to 5,000,000 dong for one of the following violations:

a) Selling and renting films for internal use;

b) Erasing and modifying content of security labels or stickers on tapes and discs.

2. Imposing a fine ranging from 5,000,000 dong to 10,000,000 dong for the act of selling or renting tapes or discs without security labels or stickers, or tapes or discs of films obtaining dissemination permits on which security labels or stickers are not the right ones.

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4. Imposing the fine ranging from 15,000,000 dong and 20,000,000 dong for the act of releasing films when dissemination permits are not granted yet, except in case of imported films.

5. Imposing the fine ranging from 20,000,000 dong and 25,000,000 dong for the act of releasing films when decisions on recall, confiscation, prohibition against dissemination or destruction of such films are already issued.

6. Other supplementary penalties:

Confiscating exhibits involved in the violations referred to in clause 1 of this Article.

7. Remedies:

a) Compelling the destruction of tapes or discs or materials containing films with respect to the acts specified in clause 2, 3 and 4 of this Article;

b) Compelling the destruction of cultural products having detrimental effects for any violation specified in clause 5 of this Article;

c) Compelling the disgorgement of illegal gains from commission of the violations defined in clause 1, 2, 3, 4 and 5 of this Article.

Article 8. Violations against film dissemination regulations

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2. Imposing the fine ranging from 10,000,000 dong to 20,000,000 dong for one of the following violations:

a) Disseminating films or movies stored on tapes or discs without security labels or stickers;

b) Disseminating films in contravention of rules and regulations inscribed in film dissemination permits or broadcasting decisions;

c) Failing to meet mandatory requirements concerning facilities and equipment installed in cinemas with special effects on audience when they are in operation.

3. Imposing the fine ranging from 20,000,000 dong and 30,000,000 dong for the act of disseminating films without dissemination permits.

4. Imposing the fine ranging from 30,000,000 dong to 40,000,000 dong for one of the following violations:

a) Disseminating films subject to decisions to revoke, confiscate, destroy, prohibit dissemination or contain pornographic, lewd or indecent content, but not to the extent of being prosecuted for penal liability; inciting violence, except for the case specified in Clause 5 of this Article;

b) Disseminating films without warnings required by regulations of laws;

c) Disseminating movies to the audience who are not at the legitimate age or admitting the audience at inappropriate age to cinema theaters;

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dd) Disseminating Vietnamese films or movies at theaters without meeting regulatory requirements concerning screening rate and show time;

e) Disseminating movies or films to children under 16 years old going to the theater outside the timeframe from 8:00 to 22:00 per day;

g) Organizing specialized and thematic film festivals without consent from competent state authorities according to regulations.

5. Imposing the fine ranging from 40,000,000 dong to 50,000,000 dong for the act of disseminating films that are subject to decisions on revocation, confiscation, destruction, or ban on dissemination thereof or contain pornographic or indecent content, but not to the extent of criminal prosecution, or incite violence on television in electronic forms, on the Internet and digital environment.

6. Other supplementary penalties:

Suspending cinema operators from disseminating films at cinemas committing the violations prescribed in point a of clause 4 of this Article for the period from 01 month to 03 months.

7. Remedies:

a) Compelling the destruction of tapes, discs or materials containing film content with respect to the acts specified at Points a and b, Clause 2 and 3 of this Article;

b) Compelling the destruction of cultural products having detrimental effects for the acts specified in point a of clause 4 of this Article;

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d) Compelling satisfaction of regulatory requirements concerning facilities and equipment in cinemas with special effects on audience with respect to the acts prescribed in point c of clause 2 of this Article;

dd) Compelling the disgorgement of illegal gains from commission of the violations defined in clause 1, 2, 3, point a, b, c, d and e of clause 4 and 5 of this Article.

Article 9. Violations against regulations on legal deposit, archiving, duplication and storage of films

1. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong upon any film archiving establishment committing one of the following violations:

a) Failing to protect the safety of a film and its original material, and failing to meet film archiving technical standards;

b) Failing to provide copies or extracts of documents to film production establishments for archiving purposes as legally prescribed.

2. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for any act of failing to provide adequate films or films of correct types for prescribed legal deposit or archiving purposes.

3. Imposing the fine ranging from 15,000,000 dong to 20,000,000 dong for the act of failing to provide film copies for prescribed legal deposit or archiving purposes.

4. Imposing the fine ranging from 20,000,000 dong to 25,000,000 dong for the act of duplicating films not yet obtaining dissemination permits.

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a) Duplicating films already receiving decisions on recall, confiscation, destruction or prohibition against dissemination thereof;

b) Illegally storing films of which decisions on recall, confiscation, destruction or prohibition against dissemination are already issued, but not to the extent of being prosecuted for penal liability.

6. Other supplementary penalties:

Seizing means of commission of the administrative violations defined in clause 4, point a of clause 5 of this Article.

7. Remedies:

a) Compelling the destruction of tapes, discs or materials containing film content in case of commission of the acts specified in clause 4 of this Article;

b) Compelling the destruction of cultural products having detrimental effects in case of commission of any violation specified in clause 5 of this Article;

c) Compelling the removal of cultural products having detrimental effects in electronic form, on the Internet and digital environment in case of commission of the acts specified at Point b Clause 5 of this Article.

Article 10. Violations against regulations regarding operation of representative offices of cinematographic establishments

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a) Operating in contravention of licenses;

b) Operating in contravention of written consent.

2. Imposing the fine ranging from 20,000,000 dong to 25,000,000 dong for one of the following violations:

a) Operating without licenses as legally required;

b) Operating without written consent as legally required.

3. Other supplementary penalties:

Dispossessing the rights to use licenses to set up representative offices of foreign cinematographic establishments in Vietnam or deprivation of the rights to use written consent to founding overseas representative offices of Vietnamese cinematographic establishments from 01 month to 03 months for the acts specified in Clause 1 of this Article.

Section 2. VIOLATIONS INVOLVING PERFORMING ARTS ACTIVITIES

Article 11. Violation against regulations on performing arts, performing arts contests, festivals

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a) Making untruthful declarations in applications for permission for performing arts events, performing arts contests or festivals;

b) Failing to comply with notices that must be sent to competent regulatory authorities under regulations on organization of art performances, performing arts contests and festivals for political purposes; for intra-corporate purposes;

c) Failing to comply with notices that must be sent to competent state authorities under regulations on organization of free-entrance art performances at tourism, entertainment, recreational service businesses and restaurants.

2. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for one of the following violations:

a) Organizing performing arts events, performing arts contests or festivals in violation of written consent;

b) Erasing, repairing, supplementing or changing the content of written consent to organizing performing arts events, performing arts contests or festivals;

c) Failing to notify competent regulatory authorities though such notification is required by regulations on organizing art performances, performing arts contests and festivals for political purposes; for intra-corporate purposes;

d) Failing to notify competent state authorities though notification is required by regulations on organization of free-entrance art performances at tourism, entertainment, recreational service businesses and restaurants.

3. Imposing the fine ranging from 15,000,000 dong to 20,000,000 dong for one of the following violations:

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b) Failing to publicly announce the revocation of titles, prizes of performing arts contests and festivals through mass media;

c) Using titles, awards of performing arts contests or festivals after they are revoked or decisions to cancel the results of performing arts contests or festivals are issued.

4. Imposing the fine ranging from 20,000,000 dong to 25,000,000 dong for the act of employing performers to perform in arts events when violating employers’ performing activities are suspended by competent state authorities.

5. Imposing the fine ranging from 25,000,000 dong to 30,000,000 dong for one of the following violations:

a) Performing arts in a way that does not duly respect traditional culture, is not age- and gender- appropriate as required by laws;

b) Performing arts or participating in performing arts contests or festivals in a way that incites violence; adversely affects foreign relations; uses costumes, words, sounds, images, movements, means of expression, forms of performance or acts without regard to national fine traditions and customs; causes negative impacts on ethical value, public health and social psychology; infringes upon the legitimate rights and interests of organizations and individuals;

c) Performing arts, performing arts contests and festivals that distort history, independence, sovereignty and territorial integrity; repudiate revolutionary achievements; offend beliefs, religions; insult national leaders, heroes or celebrities.

6. Imposing the fine ranging from 35,000,000 dong to 40,000,000 dong for one of the following violations:

a) Organizing performing arts events, performing arts contests or festivals without written consent;

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c) Using written consent to organizing performing arts events, performing arts contests or festivals granted to other organizations or individuals;

d) Repeating one of the acts prescribed in clause 5 of this Article.

7. Imposing the fine ranging from 40,000,000 dong to 45,000,000 dong for the act of organizing performing arts events or performing arts contests or festivals that incite violence; adversely affect foreign relations; use costumes, words, sounds, images, movements, means of expression, forms of performance or acts without regard to national fine traditions and customs; cause negative impacts on ethical value, public health and social psychology; infringe upon the legitimate rights and interests of organizations and individuals.

8. Imposing the fine ranging from 45,000,000 dong to 50,000,000 dong for the act of organizing performing arts events, performing arts contests and festivals that distort history, independence, sovereignty and territorial integrity; repudiate revolutionary achievements; offend beliefs, religions; insult national leaders, heroes or celebrities.

9. Other supplementary penalties:

a) The penalty existing in the form of temporary suspension of performing activities for the duration of between 6 and 12 months shall be imposed for the violations referred to in Clause 5 of this Article;

b) The penalty existing in the form of temporary suspension of performing activities for the duration of between 12 and 18 months shall be imposed for the violations referred to in point d of clause 6 of this Article;

c) The penalty existing in the form of temporary suspension of organization of performing activities for the duration of between 12 and 24 months shall be imposed for the violations referred to in clause 7 and 8 of this Article;

d) Confiscating exhibits involved in the violations referred to in point b of clause 2 of this Article.

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a) Compelling the withdrawal of written consent to art performance organization; written consent to organization of performing arts contests or festivals for the acts specified in point a, clause 1 of this Article if such written consent is already granted;

b) Compelling the offer of apologies to organizations or individuals with respect to the acts specified in point c of clause 3 of this Article;

c) Compelling the withdrawal or revocation of titles or prizes with respect to the violations referred to in point a of clause 3 of this Article;

d) Compelling the public disclosure of the withdrawal or revocation of titles or prizes with respect to the violations referred to in point b of clause 3 of this Article;

dd) Compelling the disgorgement of illegal gains from commission of the violations defined in point a of clause 3, clause 4, 5, 6, 7 and 8 of this Article.

Article 12. Violations against regulations on beauty contests or model contests

1. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong for one of the following violations:

a) Making untruthful declarations in the application for the written consent to hosting beauty contests or model contests;

b) Making untruthful declarations in the application for the written confirmation of participation in overseas beauty contests or model contests;

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2. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for one of the following violations:

a) Holding beauty or model contests in contravention of written consent;

b) Failing to notify competent state authorities according to regulations on beauty and model contests under the internal management of agencies or organizations.

3. Imposing the fine ranging from 15,000,000 dong to 20,000,000 dong for one of the following violations:

a) Failing to withdraw or revoke titles that individuals win in beauty or model contests when such revocation or withdrawal is required in writing by competent state authorities;

b) Failing to publicly announce the withdrawal or revocation of titles, prizes of beauty or model contests through mass media according to regulations;

c) Using titles, awards of beauty or model contests after they are revoked or decisions to cancel the results of contests or festivals are issued;

d) Using titles that individuals win in overseas beauty or model contests without receiving any consent from competent state authorities.

4. Imposing the fine ranging from 20,000,000 dong to 25,000,000 dong for the act of participating in overseas beauty or model contests without any consent from competent regulatory authorities.

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6. Imposing the fine ranging from 30,000,000 dong to 40,000,000 dong for the act of organizing beauty or model contests that incite violence; adversely affect foreign relations; use costumes, words, sounds, images, movements, means of expression, forms of performance or acts without regard to national fine traditions and customs; cause negative impacts on ethical value, public health and social psychology; infringe upon the legitimate rights and interests of organizations and individuals.

7. Imposing the fine ranging from 40,000,000 dong to 50,000,000 dong for the act of organizing beauty or model contests that distort history, independence, sovereignty and territorial integrity; repudiate revolutionary achievements; offend beliefs, religions; insult national leaders, heroes or celebrities.

8. Other supplementary penalties:

The penalty existing in the form of temporary suspension of organization of beauty or model contests for the period from 6 to 12 months shall be imposed for the violations referred to in clause 6 and 7 of this Article.

9. Remedies:

a) Compelling the withdrawal or revocation of written consent to holding beauty or model contests; written confirmation of participation in overseas beauty or model contests for the acts specified in point a and b of clause 1 of this Article if these documents are already granted;

b) Compelling the public disclosure of the withdrawal or revocation of titles or prizes with respect to the violations referred to in point b of clause 3 of this Article;

c) Compelling the withdrawal or revocation of titles or prizes with respect to the violations referred to in point b of clause 3 of this Article;

d) Compelling the offer of apologies to organizations or individuals with respect to the acts specified in point c of clause 3 of this Article;

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Article 13. Violations against regulations on circulation of audio and video recordings containing performing arts content

1. Imposing the fine ranging from 10,000,000 dong to 20,000,000 dong for one of the following violations:

a) Circulating audio and video recordings without legal deposit thereof;

b) Circulating audio and video recordings different from the deposited ones.

2. Imposing the fine ranging from 20,000,000 dong to 30,000,000 dong for one of the following violations:

a) Circulating audio and video recordings subject to decisions on revocation of circulation or compulsory destruction issued by competent state authorities, except the cases specified in clause 4 of this Article.

b) Circulating audio and video recordings that infringe upon legitimate rights and interests of organizations or individuals.

3. Imposing the fine ranging from 30,000,000 dong to 40,000,000 dong for the violations involving the circulation of audio and video recordings that incite violence; adversely affect foreign relations; use costumes, words, sounds, images, movements, means of expression, forms of performance or acts without regard to national fine traditions and customs; cause negative impacts on ethical value, public health and social psychology.

4. Imposing the fine ranging from 40,000,000 dong to 50,000,000 dong for the violations involving the circulation of audio and video recordings that distort history, independence, sovereignty and territorial integrity; repudiate revolutionary achievements; offend beliefs, religions; insult national leaders, heroes or celebrities.

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a) Compelling the destruction or elimination of audio and video recordings involved in the acts specified in clause 1, point b of clause 2 of this Article;

b) Compelling the destruction or elimination of cultural products having detrimental effects with respect to the acts specified in point a of clause 2, clause 3 and 4 of this Article;

c) Compelling the disgorgement of illegal gains from commission of the violations defined in clause 1, 2, 3 and 4 of this Article.

d) Compelling the removal of cultural products having detrimental effects in electronic form, on the Internet and digital environment in case of commission of the acts specified in clause 1, 2, 3 and 4 of this Article.

Section 3. VIOLATIONS INVOLVING ORGANIZATION OF FESTIVALS; TRADING OF KARAOKE SERVICES, DISCOTHEQUE SERVICES; CULTURAL ACTIVITIES AND COMMUNITY CULTURAL SERVICES

Article 14. Violation against regulations on organization of festivals

1. Imposing the fine ranging from 200,000 dong to 500,000 dong for one of the following violations:

a) Burning incense or burning votive paper in the wrong places;

b) Uttering profanities, swearing or insulting holy spirit, affecting the solemn atmosphere of festivals;

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2. Imposing the fine ranging from 500,000 dong to 1,000,000 dong for one of the following violations:

a) Failing to submit festival review reports to competent state authorities according to regulations;

b) Insisting on asking festival attendees to use services and goods.

3. Imposing the fine ranging from 1,000,000 dong to 3,000,000 dong for one of the following violations:

a) Failing to establish festival organizers’ boards according to regulations;

b) Selling festival tickets and collecting fees for participation in festivals;

c) Organizing festivals without toilets or with toilets that fail to meet the prescribed standards at areas where festivals are held or at relics;

d) Failing to disseminate and introduce purposes, meaning and value of festivals on the loudspeaker systems or signage and other forms of propaganda;

dd) Failing to announce hotline numbers to receive feedbacks from festival participants.

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a) Exploiting festival activities to any personal advantage;

b) Joining superstitious activities in festivals.

5. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong for one of the following violations:

a) Restoring customs and practices that affect health, human personality and cultural traditions of Vietnam;

b) Forcing organizations and individuals to contribute their funds to festivals.

6. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for one of the following violations:

a) Organizing festivals without prior notification to competent state authorities though such notification is legally required;

b) Organizing festivals involving activities in contravention of the registered ones or those notified to competent state authorities.

7. Imposing the fine ranging from 15,000,000 dong to 20,000,000 dong for one of the following violations:

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b) Organizing traditional festivals of which historical and cultural nature and meaning are not correct;

c) Performing rituals that are violent, offensive, contrary to the traditional peace-loving and humanitarian tradition of Vietnam;

d) Failing to delay festivals at the request of the competent state authority;

dd) Organizing superstitious activities.

8. Remedies:

a) Compelling the disgorgement of illegal gains from commission of the violations defined in point b of clause 3, point a of clause 4 and point d of clause 7 of this Article;

b) Compelling the disgorgement of illegal gains from commission of the offences defined in point b of clause 5 of this Article.

Article 15. Violations against regulations on karaoke and discotheque service business

1. Imposing the penalty in the form of a warning or a fine of between 200,000 dong and 500,000 dong for the act of failure to wear costumes or name plates provided by employers.

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3. Imposing the fine ranging from 1,000,000 dong to 5,000,000 dong for the act of failure to submit certificates of conformance to karaoke or discotheque service business regulations upon receipt of revocation decisions from competent state authorities.

4. Imposing the fine ranging from 5,000,000 dong to 10.000.000 dong for the act of making untruthful declarations in applications for certificates of conformance to karaoke or discotheque service business regulations.

5. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for one of the following violations:

a) Providing discotheque services for persons aged under 18 years;

b) Rendering karaoke services outside the legitimate time frame from 8:00 to 24:00 each day;

c) Modifying, erasing, deleting, adding or changing information contained in certificates of conformance to karaoke and discotheque service business regulations.

6. Imposing the fine ranging from 15,000,000 dong to 20,000,000 dong for one of the following violations:

a) Rendering karaoke and discotheque services though prescribed dimensional requirements are not met;

b) Mounting door latches inside karaoke or disco ballrooms;

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d) Failing to make photos duly fit with the lyrics shown on karaoke screens (or in other similar forms) or with the culture, moral value and fine customs of the Vietnamese people in each karaoke room;

dd) Failing to adjust certificates of conformance to karaoke or discotheque service business regulations in case of changing the number of rooms or owners;

e) Opening discotheques outside the legitimate time frame from 02:00 to 8:00 each day;

g) Running discotheque service business at locations less than 200 meters away from schools, hospitals, religious and belief establishments, historical-cultural relics.

7. Imposing the fine ranging from 20,000,000 dong to 25,000,000 dong for one of the following violations:

a) Rendering karaoke services without licenses or permits that are legally required;

b) Using certificates of conformance to karaoke service business regulations held by other organizations or individuals for business purposes;

c) Letting other organizations or individuals use certificates of conformance to karaoke service business regulations for business purposes.

8. Imposing the fine ranging from 25,000,000 dong to 30,000,000 dong for one of the following violations:

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b) Using certificates of conformance to discotheque service business regulations held by other organizations or individuals for business purposes;

c) Letting other organizations or individuals use certificates of conformance to discotheque service business regulations for business purposes.

9. Other supplementary penalties:

a) The penalty existing in the form of seizure of the right to use certificates of conformance to karaoke or discotheque service business regulations for the period of between 18 months and 24 months shall be imposed for the violations prescribed in point c of clause 7 and point c of clause 8 of this Article;

b) Compelling the confiscation of exhibits involved in the violations referred to in point c of clause 5 of this Article.

10. Remedies:

a) The remedy existing in the form of compulsory confiscation of certificates of conformance to karaoke or discotheque service business regulations shall be available for the violations prescribed in clause 4 of this Article if these certificates have already been issued;

b) Compelling the disgorgement of illegal gains from commission of the violations defined in point b of clause 5, point e of clause 6, clause 7 and clause 8 of this Article.

Article 16. Violations against regulations on public cultural and cultural service business activities

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a) Hanging or displaying paintings, pictures, calendars or other objects with pornographic or debauchery content but not to the extent of being criminally prosecuted; inciting violence at discotheque service establishments, karaoke service establishments, tourist accommodation establishments, restaurants providing food and beverage services or other public cultural and cultural service business sites;

b) Organizing entertainment and recreational activities outside the timeframe from 8:00 to 24:00 each day, except for the cases specified in Clause 1, Point dd and Point e, Clause 4, Article 8; Point b Clause 5 and Point e Clause 6 Article 15; Clause 2 Article 31 of this Decree.

2. Imposing the fine ranging from 10,000,000 dong to 20,000,000 dong for the act of selling or propagating paintings, pictures and other cultural products containing pornographic or debauching content but not to the extent of criminal prosecution; inciting violence; spreading social evils; not conforming to Vietnamese customs and cultural traditions, or those with the content involved in decisions on suspension of circulation, ban on circulation, recall, confiscation or destructions issued by competent authorities.

3. Imposing the fine ranging from 20,000,000 dong to 30,000,000 dong for the act of rendering pornographic services at club discos, karaoke bars, or tourist accommodation establishments, restaurants, other public cultural and cultural service business sites.

4. Imposing the fine ranging from 30,000,000 dong to 40,000,000 dong for the act of rendering pornographic services at club discos, karaoke bars, or tourist accommodation establishments, restaurants, other public cultural and cultural service business sites.

5. Imposing the fine ranging from 40,000,000 dong to 50,000,000 dong for the act of allowing customers to perform naked dancing or other debauched activities at club discos, karaoke bars, or tourist accommodation establishments, restaurants, other public cultural centers and public cultural service businesses.

6. Other supplementary penalties:

The penalty existing in the form of seizure of the right to use certificates of conformance to karaoke or discotheque service business regulations for the period of between 18 months and 24 months shall be imposed for the violations prescribed in clause 4 and 5 of this Article;

8. Remedies:

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b) Compelling the disgorgement of illegal gains from commission of the violations defined in point b of clause 1 and clause 2 of this Article.

Section 4. VIOLATIONS INVOLVING ARTISTIC, PHOTOGRAPHIC AND EXHIBITION ACTIVITIES

Article 17. Violations against regulations on artistic activities

1. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong for one of the following violations:

a) Failing to notify competent authorities of art competitions before organizing them in accordance with regulations in force;

b) Organizing art competitions without receiving any written consent that legally required from competent state authorities;

c) Failing to inform competent authorities of results of art competitions as legally required;

d) Making untruthful declarations in application for licenses for reproduction of artworks about cultural celebrities, national heroes, leaders or application for art exhibition permits or application for permits for the construction of monuments, monumental paintings or artwork competition announcement dossiers.

2. Imposing the fine ranging from 10,000,000 dong to 20,000,000 dong for one of the following violations:

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b) Correcting, erasing, removing, adding or changing information included in art exhibition permits or licenses for reproduction of art works about cultural celebrities, national heroes, leaders or permits for construction of monuments, monumental paintings or permits for organizing sculpture camps.

3. Imposing the fine ranging from 20,000,000 dong to 30,000,000 dong for one of the following violations:

a) Organizing fine art exhibitions and sculpture camps without conforming to information included in permits;

b) Failing to re-apply for art exhibition permits though such re-application is required by regulations in force;

c) Reproducing artworks about cultural celebrities, national heroes or leaders for business purposes or placing them in public places in contravention of regulations laid down in permits.

4. Imposing the fine ranging from 30,000,000 dong to 40,000,000 dong for one of the following violations:

b) Organizing fine art exhibitions without obtaining legally required permits;

b) Organizing sculpture camps without obtaining permits required by law;

c) Reproducing artworks about cultural celebrities, national heroes or leaders for business purposes or placing them in public places without obtaining permits, except as regulated in point c of clause 5 of this Article;

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dd) Organizing art competitions without consent from competent state authorities.

e) Exhibiting fine artworks and other artistic products promoting obscene lifestyle, criminal acts, social evils, destroying public decency and environment; offending reputation of entities, honor and dignity of individuals;

g) Making artworks promoting obscene lifestyle, criminal acts, social evils, destroying public decency and environment; offending reputation of entities, honor and dignity of individuals.

5. Imposing the fine ranging from 40,000,000 dong to 50,000,000 dong for one of the following violations:

a) Exhibiting artworks or other artistic products inciting violence; debauched lifestyle not to the extent of being criminally prosecuted; distorting historical facts; denying revolutionary achievements; insulting the nation, national heroes and cultural celebrities;

b) Building statues and monumental pictures in breach of contents of permits;

c) Building statues and monumental pictures without obtaining any permit;

d) Making artworks inciting violence; debauched lifestyle not to the extent of being criminally prosecuted; distorting historical facts; denying revolutionary achievements; insulting the nation, national heroes and cultural celebrities; or different from the approved samples.

6. Other supplementary penalties:

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7. Remedies:

a) Compelling the destruction or elimination of cultural products having detrimental effects in case of committing the acts specified in point a of clause 5 of this Article;

b) Compelling the confiscation of exhibits involved in the violations referred to in point a and b of clause 4 of this Article;

c) Compelling the demolition of statues and monumental pictures in breach of contents of permits in case of committing the acts specified in point c of clause 3 and point b of clause 5 of this Article;

d) Compelling the demolition of statues, monumental pictures and artworks in case of committing the acts specified in point g of clause 4, point c and point d of clause 5 of this Article;

dd) Compelling the removal of exhibits involved in violations from exhibition venues or organizing sculpture camps in case of committing the violations specified in point a and b of clause 1, point a and point b of clause 4 of this Article;

e) Compelling the removal of infringement issues from exhibitions or sculpture camps with respect to the violations specified in point a of clause 3 of this Article;

g) Compelling the revocation of licenses for reproduction of artworks about cultural celebrities, national heroes, leaders or art exhibition permits or permits for construction of monuments, monumental paintings or written consent to artwork competitions with respect to the violations specified in point d of clause 1 of this Article in case they are already granted;

c) Compelling the disgorgement of illegal gains from committing the act of reproducing artworks about cultural celebrities, national heroes or leaders for business purposes as provided in point c of clause 3 and point c of clause 4 of this Article.

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1. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong for one of the following violations:

a) Failing to notify competent regulatory authorities of advertisement for photography production, production camps, competitions and festivals in Vietnam in accordance with regulations in force;

b) Falling to reissue notification of any change in sent written documents in accordance with regulations in force;

c) Failing to notify competent regulatory authorities of sending photographic products from Vietnam to foreign countries to take part in contests or festivals in accordance with regulations in force;

d) Making untrue declarations in application for permits for exhibition of photographic products.

2. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for the act of altering or erasing the content of photographic product exhibition permits or licenses.

3. Imposing the fine ranging from 15,000,000 dong to 20,000,000 dong for one of the following violations:

a) Organizing photographic product exhibitions in Vietnam without conforming to regulations included in permits or licenses;

b) Sending photographic products from Vietnam to abroad for exhibition purposes without conforming to regulations included in permits or licenses;

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4. Imposing the fine ranging from 20,000,000 dong to 30,000,000 dong for the act of organizing photographic product exhibitions in Vietnam without any permit or license in accordance with regulations in force.

5. Imposing the fine ranging from 30,000,000 dong to 40,000,000 dong for one of the following violations:

a) Sending photographic products from Vietnam to abroad for exhibition purposes without any permit or license in accordance with regulations in force;

b) Exhibiting photographic products prohibited from propagation, except the cases prescribed in point a of clause 6 of this Article;

c) Editing and merging photographic works that falsify images in order to infringe upon the reputation of organizations, honor and dignity of any individual.

6. Imposing the fine ranging from 40,000,000 dong to 50,000,000 dong for one of the following violations:

a) Exhibiting photographic products inciting violence; having pornographic and debauching contents in Vietnam not to the extent of being criminally prosecuted;

b) Editing and merging photographic works to the extent of falsifying the contents of the images for the purpose of distorting historical truth, denying revolutionary achievements; offending great figures, national heroes, leaders or cultural celebrities;

c) Buying, selling, using or disseminating photographic works violating laws or obtaining decisions on suspension of circulation, prohibition of circulation, withdrawal, confiscation or destruction from competent state authorities.

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Confiscating exhibits involved in the violations referred to in clause 2 of this Article.

8. Remedies:

a) Compelling the confiscation of issued permits for exhibition of photographic products in case of committing the violations prescribed in point d of clause 1 of this Article;

b) Compelling the removal of infringing content from photography exhibitions with respect to the violations specified in point a and b of clause 3 of this Article;

c) Compelling the destruction or elimination of cultural products having detrimental effects in case of committing the acts specified in point b and c of clause 5 and clause 6 of this Article;

d) Compelling the offer of apologies to organizations or individuals with respect to the acts specified in point c of clause 5 of this Article;

dd) Compelling the ratification of false information with respect to the violations specified in point b of clause 6 of this Article;

e) Compelling the destruction or elimination of exhibits involved in the violations referred to in clause 4 and point a of clause 5 of this Article;

g) Compulsory disgorgement of illegal gains from commission of the violation defined in point c of clause 6 of this Article.

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1. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong for one of the following violations:

a) Failing to notify competent state authorities of organization of exhibitions;

b) Falling to reissue notification of any change in sent written documents in accordance with regulations in force;

d) Making untrue declarations in application for permits or licenses for organization of exhibitions.

2. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for the act of altering or erasing the content of permits or licenses for organization of exhibitions.

3. Imposing the fine ranging from 15,000,000 dong to 20,000,000 dong for one of the following violations:

a) Organizing exhibitions in Vietnam without conforming to regulations included in permits or licenses, except as prescribed in clause 6 of this Article;

b) Sending products, artefacts or documents abroad without conforming to regulations included in licenses or permits, except as specified in Clause 6 of this Article;

c) Failing to apply for reissued licenses and permits for exhibitions in Vietnam in accordance with regulations in force.

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5. Imposing the fine ranging from 30,000,000 dong to 40,000,000 dong for one of the following violations:

a) Sending products, artefacts and documents from Vietnam to abroad without any permit or license in accordance with regulations in force;

b) Having exhibition of products, artefacts and documents of which content violates regulations on civilized lifestyle, propagating violence, criminal acts, social evils harmful to health, and destroying the ecological environment;

c) Exhibiting products, artefacts and documents of which content discloses secrets of entities, organizations or individuals without consent from these entities, organizations or individuals.

6. Imposing the fine ranging from 40,000,000 dong to 50,000,000 dong for the act of exhibiting products, artefacts and documents of which content distorts historical facts, denies revolutionary achievements; offending great figures, national heroes and cultural celebrities; insulting the prestige of entities, organizations, honor or dignity of any individual.

7. Other supplementary penalties:

Confiscating exhibits involved in the violations referred to in clause 2 of this Article.

8. Remedies:

d) Compelling the confiscation of issued permits or licenses for organization of exhibitions in case of committing violations specified in point c of clause 1 of this Article;

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c) Compelling the destruction or elimination of exhibits involved in the violations referred to in clause 4 and point a of clause 5 of this Article;

d) Compelling the destruction or elimination of cultural products having detrimental effects in case of committing the acts specified in point b and c of clause 5 and clause 6 of this Article.

9. The sanctions prescribed in clause 1, 2, 3, 4, 5 and 6 of this Article shall not apply to the exhibitions prescribed in clause 2 of Article 1 in the Government’s Decree No. 23/2019/ND-CP dated February 26, 2019, regulating exhibition activities.

Section 5. VIOLATIONS REGARDING CULTURAL HERITAGE

Article 20. Violations against regulations regarding protection of cultural heritage

1. Imposing the fine of between 1,000,000 dong and 3,000,000 dong for the act of leaving writing or drawings on, soiling or spoiling historical – cultural relics or scenic beauties.

2. Imposing the fine of between 3,000,000 dong and 5,000,000 dong for the act of falsely disseminating or presenting content and value of historical – cultural relics or scenic beauties.

3. Imposing the fine ranging from 5,000,000 dong to 10.000.000 dong for the act of making untruthful declarations in applications for licenses or permits for reproduction of remains, antiques or national treasures.

4. Imposing the fine ranging from 10,000,000 dong to 20,000,000 dong for one of the following violations:

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b) Removing, modifying or altering content of certificates of ranking of historical-cultural relics or certificates of intangible cultural heritage that has been included in the List of nationally recognized Intangible Cultural Heritage or permits or license for reproduction of remains, antiques and national treasures.

5. Imposing the fine ranging from 20,000,000 dong to 30,000,000 dong for one of the following violations:

a) Reproducing remains, antiques and national treasures in breach of regulations included in licenses or permits;

b) Falsely propagating and practicing regulations regarding intangible cultural heritage;

c) Arbitrarily bringing in new unsuitable elements to the extent that such action causes reduction in the value of intangible cultural heritage.

6. Imposing the fine ranging from 30,000,000 dong to 40,000,000 dong for one of the following violations:

a) Damaging artifacts in museums, historical - cultural relics or scenic beauties that have been ranked or included in the Inventory of Local Monuments;

b) Receiving none of written consent from Presidents of the People's Committees of provinces for provincial monuments or none of written consent from the Minister of Culture, Sports and Tourism for national monuments and special national monuments when building construction works to protect and promote the value of monuments in the protected areas No. II;

c) Taking advantage of the act of protecting and upholding value of cultural heritage for mercenary or superstitious reasons.

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a) Destroying or altering elements constituting historical - cultural relics and scenic beauties;

b) Encroaching upon land of historical – cultural relics or scenic beauties;

c) Illegally using historical – cultural relics or scenic beauties;

d) Reproducing remains, antiques and national treasures without obtaining any license or permit legally prescribed;

dd) Illegally buying, selling, exchanging and transporting, within the territory of Vietnam, remains, antiques and national treasures of historical-cultural relics or scenic spots and those of illegal origin;

e) Seriously damaging artifacts in museums, historical - cultural relics or scenic beauties that have been ranked or included in the Inventory of Local Monuments.

8. Other supplementary penalties:

a) Seizing means of commission of the administrative violations defined in point a of clause 5, point d of clause 7 of this Article;

b) Confiscating exhibits involved in the violations referred to in point b of clause 4, point a of clause 5, point d and point d of clause 7 of this Article.

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a) Compelling restoration of historical – cultural relics or scenic beauties in case of committing the act of leaving writing or drawings on, soiling or spoiling them as provided in clause 1 and point c of clause 7 of this Article;

b) Compelling the return of encroached land, unless such land is eligible for obtaining recognition of land use rights under the provisions of Article 22 of the Government's Decree No. 43/2014/ND-CP dated May 15, 2014, elaborating on the implementation of a number of articles of the Land Law for the acts specified at point b of clause 7 of this Article;

c) Compelling the demolition of construction works with respect to the acts specified in point b of clause 6 of this Article;

d) Compelling the disgorgement of illegal gains from commission of the violations defined in clause 5, point c of clause 6, point d and dd of clause 7 of this Article;

dd) Compelling the withdrawal or revocation of issued permits or licenses for reproduction of remains, antiques and national treasures in case of committing the violations prescribed in clause 3 of this Article;

e) Compelling the ratification of false information with respect to the violations specified in clause 2, point b and c of clause 5 of this Article.

Article 21. Violations against regulations on business conditions for expertise of antiques

1. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong for the act of making untruthful declarations in applications for issuance and reissuance of certificates of conformance to regulations on business of antique expertise service.

2. Imposing the fine ranging from 10,000,000 dong to 20,000,000 dong for the act of altering or erasing the content of certificates of conformance to regulations on business of antique expertise service.

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4. Imposing the fine ranging from 30,000,000 dong to 40,000,000 dong for one of the following violations:

a) Failing to have expertise equipment or means appropriate for the legally registered activities;

b) Failing to conform to the minimum requirement concerning the number of professional antique experts during the period of business of expertise of antiques in accordance with regulations in force.

5. Imposing the fine ranging from 40,000,000 dong to 50,000,000 dong for one of the following violations:

a) Providing antique expertise service without obtaining certificates of eligibility for antique expertise service business in accordance with regulations in force;

b) Letting other businesses use certificates of eligibility for antique expertise service business;

b) Using certificates of eligibility for antique expertise service business held by other businesses.

6. Other supplementary penalties:

a) Confiscating exhibits involved in the violations referred to in clause 2 of this Article;

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c) Withholding the right to use certificates of eligibility for antique expertise service business for the duration of between 3 and 6 months with respect to the violations specified in point b of clause 5 of this Article.

7. Remedies:

a) Compelling the confiscation of issued or reissued certificates of eligibility for antique expertise service business with respect to the violations referred to in clause 1 of this Article;

b) Compelling the disgorgement of illegal gains from commission of any violation defined in clause 5 of this Article.

Article 22. Violations against regulations regarding certificates of practicing in conservation, reconstruction and restoration of relics

1. Imposing the fine ranging from 1,000,000 dong to 5.000.000 dong for the act of making untruthful declarations in applications for issuance and reissuance of certificates of practicing in conservation, reconstruction and restoration of relics.

2. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong for the act of failing to apply for reissuance of certificates of practicing in conservation, reconstruction and restoration of relics in accordance with regulations, except those that have been expired.

3. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for the act of altering or erasing the content of certificates of practicing in conservation, reconstruction and restoration of relics.

4. Imposing the fine ranging from 15,000,000 dong to 20,000,000 dong for one of the following violations:

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b) Using certificates of practicing in conservation, reconstruction and restoration of relics;

c) Using expired certificates of practicing in conservation, reconstruction and restoration of relics;

d) Letting other persons use certificates of practicing in conservation, reconstruction and restoration of relics.

5. Other supplementary penalties:

a) Confiscating exhibits involved in the violations referred to in clause 3 and point c of clause 4 of this Article;

b) Withholding the right to use certificates of practicing in conservation, reconstruction and restoration of relics for the duration of between 3 and 6 months with respect to the violations specified in point d of clause 4 of this Article.

6. Remedies:

a) Compelling the confiscation of issued or reissued certificates of practicing in conservation, reconstruction and restoration of relics with respect to the violations referred to in clause 1 of this Article;

b) Compelling the disgorgement of illegal gains from commission of any violation defined in clause 4 of this Article.

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1. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong for the act of making untruthful declarations in applications for issuance and reissuance of certificates of eligibility for practicing conservation, reconstruction and restoration of relics.

2. Imposing the fine ranging from 10,000,000 dong to 20,000,000 dong for the act of altering or erasing the content of certificates of eligibility for practicing conservation, reconstruction and restoration of relics.

3. Imposing the fine ranging from 20,000,000 dong to 30,000,000 dong for the act of failing to apply for reissuance of certificates of eligibility for practicing conservation, reconstruction and restoration of relics in accordance with regulations, except those that have been expired.

4. Imposing the fine ranging from 30,000,000 dong to 40,000,000 dong for one of the following violations:

a) Failing to conform to the minimum requirement concerning the number of persons holding certificates of eligibility for practicing conservation, reconstruction and restoration of relics during the business period in accordance with regulations in force;

b) Using expired certificates of eligibility for practicing conservation, reconstruction and restoration of relics.

5. Imposing the fine ranging from 40,000,000 dong to 50,000,000 dong for one of the following violations:

a) Practising conservation, reconstruction and restoration of relics without obtaining any certificate of eligibility for practicing conservation, reconstruction and restoration of relics to do so in accordance with regulations in force;

b) Letting other entities use certificates of eligibility for practicing conservation, reconstruction and restoration of relics;

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6. Other supplementary penalties:

b) Withholding the right to use certificates of eligibility for practicing conservation, reconstruction and restoration of relics for the duration of between 1 and 3 months with respect to the violations specified in point a of clause 4 of this Article;

b) Withholding the right to use certificates of eligibility for practicing conservation, reconstruction and restoration of relics for the duration of between 3 and 6 months with respect to the violations specified in point b of clause 5 of this Article;

c) Confiscating exhibits involved in the violations referred to in clause 2 and point b of clause 4 of this Article.

7. Remedies:

a) Compelling the confiscation of issued or reissued certificates of eligibility for practicing conservation, reconstruction and restoration of relics with respect to the violations referred to in clause 1 of this Article;

b) Compelling the disgorgement of illegal gains from commission of any violation defined in clause 5 of this Article.

Article 24. Violations against regulations regarding archaeological excavation, conservation, reconstruction and restoration of historical-cultural monuments or scenic beauties

1. Imposing the fine ranging from 20,000,000 dong to 40,000,000 dong for one of the following violations:

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b) Conserving, reconstructing and restoring historical-cultural monuments or scenic beauties without conforming to the approved planning schemes, projects and technical designs.

2. Imposing the fine ranging from 20,000,000 dong to 30,000,000 dong for one of the following violations:

a) Performing archaeological exploration and excavation activities without obtaining any permit or license;

b) Conserving, reconstructing and restoring historical-cultural monuments, scenic beauties without any written consent from competent regulatory authorities.

3. Imposing the fine ranging from 40,000,000 dong to 50,000,000 dong for illegal digging or salvage activities performed at archaeological sites.

4. Other supplementary penalties:

Confiscating exhibits involved in the violations referred to in point a of clause 1, point a of clause 2 and clause 3 of this Article.

5. Remedies:

Compelling the backfilling with respect to the acts specified in point a of clause 1, point a of clause 2 and illegal digging activities performed at archaeological sites prescribed in clause 3 of this Article.

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1. Imposing the fine of between 10,000,000 dong and 20,000,000 dong for the act of failing to report or surrender discovered remains and antiques.

2. Other supplementary penalties:

Confiscating exhibits involved in the violations referred to in clause 1 of this Article.

Section 6. LIBRARY-RELATED VIOLATIONS

Article 26. Violations against prohibitions related to library activities

1. Imposing the fine ranging from 1,000,000 dong to 3,000,000 dong for one of the following violations:

a) Swapping information resources, except ancient, rare or precious documents or documentary collections of special value;

b) Appropriating information resources, except ancient, rare or precious documents or documentary collections of special value;

c) Illegally providing information about library users.

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a) Restricting the right to access and use resources of information about library users in contravention of law;

b) Damaging information resources, except ancient, rare or precious documents or documentary collections of special value.

3. Imposing the fine ranging from 5,000,000 dong to 7,000,000 dong for the act of destroying information resources, except ancient, rare or precious documents or documentary collections of special value.

4. Imposing the fine of between 7,000,000 dong and 10,000,000 dong for the act of ruining or destroying library information systems and databases.

5. Compelling the termination of operation of public libraries or private libraries serving public needs or libraries of foreign organizations and individuals serving Vietnamese people’s needs for the duration of between 6 months and 12 months with respect to the act of taking advantage of library activities to incite violence; destroy fine customs; seduce library users into social evils.

6. Remedies:

a) Compelling return of fraudulently exchanged or appropriated information resources as provided in point a and b of clause 1 of this Article;

b) Compelling restoration with respect to the violations prescribed in point b of clause 2 and clause 4 of this Article.

Article 27. Violations against regulations on activities of public libraries or private libraries serving public needs or libraries of foreign organizations and individuals serving Vietnamese people’s needs

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a) Failing to notify competent state authorities of establishment, merger, amalgamation, split-up, split-off, dissolution or termination of libraries in accordance with regulations in force;

b) Failing to meet the minimum requirement concerning the number of book volumes during the operational period of a library.

2. Imposing the fine ranging from 500,000 dong to 1,000,000 dong for the act of failing to meet the regulatory requirements concerning library infrastructure, amenities and staff during the operational period, except the cases prescribed in point b of clause 1 of this Article.

3. Imposing the fine ranging from 1,000,000 dong to 5,000,000 dong for the act of establishment, merger, amalgamation, split-up, split-off, dissolution or termination of libraries without written consent from competent regulatory authorities in accordance with regulations in force.

4. Imposing the fine of between 5,000,000 dong and 10,000,000 dong for repetition of the violations prescribed in clause 1, 2 and 3 of this Article.

5. Remedies:

Compelling the addition of the number of book volumes, facilities, amenities and staff of libraries in accordance with regulations in force with respect to the violations prescribed in point b of clause 1 and clause 2 of this Article.

Article 28. Violations against regulations on rights and duties of public libraries or private libraries serving public needs or libraries of foreign organizations and individuals serving Vietnamese people’s needs

1. Imposing the fine ranging from 1,000,000 dong to 3,000,000 dong for one of the following violations:

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b) Failing to comply with regulations on reporting of library operations to competent state authorities;

c) Failing to announce rules, regulations and instructions for use of libraries.

2. Imposing the fine ranging from 3,000,000 dong to 5,000,000 dong for one of the following violations:

a) Failing to ensure public disclosure and transparency of information resources in accordance with regulations in force;

b) Receiving grants, donations, aids or financial contributions in breach of regulations in force.

3. Remedies:

Compulsory disgorgement of illegal gains from commission of the violation defined in point b of clause 2 of this Article.

Article 29. Violations against regulations on obligations of librarians

Issuing cautions or imposing the fine ranging from 200,000 dong to 500,000 dong for one of the following violations:

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2. Behaving in breach of the library’s code of conduct.

Section 7. OTHER VIOLATIONS ARISING IN THE CULTURAL SECTOR

Article 30. Violations against regulations regarding establishment and operation of foreign cultural institutions in Vietnam

1. Imposing the fine ranging from 1,000,000 dong to 5,000,000 dong for one of the following violations:

a) Failing to submit legally required annual or on-demand performance reports to competent state authorities;

b) Failing to notify competent state authorities of addresses of branches and proposed activity locations of activities and term of authorization granted to branches.

2. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong for one of the following violations:

a) Failing to notify competent state authorities at places where offices are located of legal representatives, managers, staff and time of commencement and termination of work of legal representatives, managers and staff;

b) Operating in breach of the content of certificates of registration or licenses for establishment and operation;

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3. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for one of the following violations:

a) Failing to apply for reissuance of certificates of registration or licenses for establishment and operation of foreign cultural institutions in Vietnam or certificates of establishment and operation of branches in accordance with regulations in force;

b) Erasing or altering the content of certificates of registration or licenses for establishment and operation.

4. Imposing the fine ranging from 15,000,000 dong to 20,000,000 dong for the act of failure to hold certificates of establishment and operation of branches in accordance with regulations in force.

5. Imposing the fine ranging from 20,000,000 dong to 25,000,000 dong for the act of failure to hold certificates of registration or licenses for establishment and operation of foreign cultural institutions in Vietnam.

6. Other supplementary penalties:

Confiscating exhibits involved in the violations referred to in point b of clause 3 of this Article.

7. Remedies:

Compelling the revocation or withdrawal of issued or reissued certificates of registration or licenses for establishment and operation with respect to the violations prescribed in point c of clause 2 of this Article.

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1. Imposing the fine ranging from 3,000,000 dong to 5,000,000 dong for the act of business of offline electronic games at a distance of less than 200 meters from primary, lower secondary or upper secondary schools.

2. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong for the act of business of offline electronic games outside the time frame between 8:00 and 22:00 each day.

3. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for the act of failure to attach security or marketing stamps or labels certified by competent state authorities in accordance with regulations to offline electronic games.

4. Imposing the fine ranging from 15,000,000 dong to 20,000,000 dong for the act of providing offline electronic games containing pornographic content, but not to the extent of criminal prosecution required; or inciting violence.

5. Imposing the fine ranging from 20,000,000 dong to 30,000,000 dong for one of the following violations:

a) Providing offline electronic games containing debauching content, but not to the extent of being criminally prosecuted;

b) Selling or renting out electronic gaming tapes or CDs having pornographic and debauching contents, but not to the extent of being criminally prosecuted; inciting violence.

6. Imposing the fine ranging from 30,000,000 dong to 40,000,000 dong for the act of manufacturing electronic game tapes or CDs containing pornographic content, but not to the extent of criminal prosecution required; or inciting violence.

7. Imposing the fine ranging from 40,000,000 dong to 50,000,000 dong for the act of manufacturing electronic game tapes or CDs containing debauching content, but not to the extent of being criminally prosecuted; or harming national sovereignty.

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a) Confiscating gaming machines involved in the violations referred to in clause 4 and point a of clause 5 of this Article;

b) Seizing means of commission of the violations defined in clause 6 and clause 7 of this Article.

9. Remedies:

a) Compelling the sticking of security or marketing stamps or labels on offline gaming machines in case of commission of the violations prescribed in clause 3 of this Article;

b) Compelling the destruction or elimination of cultural products having detrimental effects in case of commission of any violation specified in clause 4, 5, 6 and 7 of this Article;

c) Compelling the disgorgement of illegal gains from commission of the violations defined in clause 1, 2, 3, 4, 5, 6 and 7 of this Article.

Article 32. Violations against regulations on cultural activities of disabled or elderly persons

1. Imposing the fine ranging from 1,000,000 dong to 3,000,000 dong for the refusal to provide services and equipment for disabled or elderly persons to help them have access to cultural activities when resources required to receive them are available in full.

2. Imposing the fine ranging from 3,000,000 dong to 5,000,000 dong for the failure to grant service fare or charge reduction or exemption to disabled or elderly persons who wish to join cultural activities in accordance with regulations in force.

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4. Imposing the fine ranging from 15,000,000 dong to 20,000,000 dong for the provision of unsafe services and equipment for disabled or elderly persons when they join cultural activities.

5. Remedies:

Compulsory disgorgement of illegal gains from commission of any violation defined in clause 2 of this Article.

Chapter III

TYPES OF ADMINISTRATIVE VIOLATIONS, SANCTIONING FORMS AND REMEDIES FOR VIOLATIONS ARISING FROM ADVERTISING ACTIVITIES

Section 1. VIOLATIONS AGAINST GENERAL REGULATIONS

Article 33. Violations against regulations on advertising of products, goods and services subject to advertising prohibitions

1. Imposing the fine ranging from 50,000,000 dong to 70,000,000 dong for one of the following violations:

a) Advertising cigarettes;

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c) Advertising breast milk substitutes for children under 24 months of age; supplementary foods for infants under 06 months of age; artificial feeding bottles and pacifiers;

d) Advertising prescription drugs; over-the-counter drugs subject to a competent state authority’s warning of restricted use or use through oversight of physicians; drugs of which the periods of registration for marketing authorization are expired;

dd) Advertising other products, goods and services subject to advertising prohibitions.

2. Imposing the fine ranging from 70,000,000 dong to 100,000,000 dong for one of the following violations:

a) Advertising goods and services subject to trading prohibitions in accordance with regulations in force;

b) Advertising products and goods for sexual arousal/stimulation/enhancement;

c) Advertising shotguns and shotgun shells, sports guns and other products and goods inciting violence.

3. Remedies:

Compelling the removal, demolition and deletion or erasure of advertisements or the recall of printed newspapers and magazines with advertisements with respect to the acts specified in clause 1 and 2 of this Article.

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1. Imposing the fine ranging from 1,000,000 dong to 2,000,000 dong for the act of hanging, placing, pasting or drawing ad products on utility poles, traffic signal posts and green trees at public places, except as specified in point d of clause 3, point b of clause 5, and point b of clause 8, of Article 12 in the Government's Decree No. 100/2019/ND-CP dated December 30, 2019, regulating sanction against administrative violations in the road and rail traffic sector.

2. Imposing the fine ranging from 10,000,000 dong to 20,000,000 dong for one of the following violations:

a) Showing advertisements containing the superlative words or phrases like "best", "only", “number one” or other equivalents without legally required corroborative evidence;

b) Placing advertisements that affect urban settings, traffic order and safety, and peace, except for the cases specified in clause 1 of this Article, clause 1 and 3 of Article 43, and clause 3 of Article 48 of this Decree;

c) Using advertisements infringing on the freedom of belief, religion, gender stereotyping adverts, and adverts implying bias against people with disabilities;

d) Coercing entities, organizations or individuals to advertise or receive adverts without their consent.

3. Imposing the fine ranging from 20,000,000 dong to 40,000,000 dong for one of the following violations:

a) Advertising in breach of laws on intellectual property;

b) Showing adverts containing personal images, oral statements or writing without their consent, unless otherwise permitted by laws.

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a) Using adverts damaging an organization’s prestige, or an individual’s honor and dignity;

b) Advertising by using the method of direct comparison of the price, quality and benefits of a product, good or service with those of another product, good or service of the same kind of another organization or individual;

c) Using advertisements containing actions, oral statements, images, sounds or writing which cause children to have unethical thoughts, words or actions; adversely affects the health, safety or normal development of children;

d) Using adverts that are unaesthetic, go against historical, cultural, moral traditions and fine customs of Vietnam.

5. Imposing the fine ranging from 60,000,000 dong to 80,000,000 dong for the act of putting false or misleading advertisements about the capability of trading or providing products, goods and services of individual or institutional traders; the quantity, quality, price, usability, design, packaging, trademark, origin, type, method of rendering or warranty period of registered or announced products, goods and services, except as specified in clause 4 of Article 51; point b of clause 4 of Article 52; clause 1 of Article 60; and point c of clause 1 of Article 61, in this Decree.

6. Imposing the fine ranging from 80,000,000 dong to 100,000,000 dong for one of the following violations:

a) Using adverts having detrimental effects on the solemnity of the national flag, emblem, anthem and Party’s flag, except as prescribed in point b of clause 2 of Article 45 herein;

b) Using adverts having detrimental effects on the solemnity of national heroes, cultural celebrities, leaders, leadership of the Party and the State, except as prescribed in point b of clause 2 of Article 45 herein;

c) Using adverts harming the national sovereignty.

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Withholding the right to use the acknowledgement of receipt of registration for product launch announcement for the duration of between 05 and 07 months; the right to use the Certificate of advertisement content for the duration ranging from 22 to 24 months, for the violations specified in point a of clause 2, point b of clause 4 and clause 5 of this Article, in case of commission of violations on advertising of health protection foods 2 or more times within the period of 06 months.

8. Remedies:

a) Compelling the removal, demolition and deletion or erasure of advertisements or the recall of printed newspapers and magazines with advertisements in case of commission of the violations specified in clause 1, 2, 3, 4, 5 and 6 of this Article;

b) Compelling offer of apologies to organizations or individuals in case of commission of the violations specified in point b of clause 3, point a of clause 4 of this Article;

c) Compelling ratification of false information with respect to the violations specified in clause 5 of this Article.

Article 35. Violations against regulations on advertising speech and writing

1. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong for one of the following violations:

a) Using advertisements for products, commodities and services that are not presented in Vietnamese, except for labels, slogans, trademarks or proper names that are expressed in foreign languages; by using internationalized words that cannot be replaced by Vietnamese ones; books, newspapers, websites and publications permitted to be published in Vietnamese ethnic minority’s languages ​​or any other foreign language; radio and television broadcasting programs in Vietnamese ethnic minority’s languages ​​or any other foreign language;

b) Running adverts for products, goods and services by using the foreign-language font size which is three-quarters greater than the Vietnamese-language font size and is not placed underneath Vietnamese words if both Vietnamese and a foreign language are used on an advertisement, except for the cases specified in point a, b, c and d of clause 2 of Article 48 in this Decree;

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2. Remedies:

Compelling the removal, demolition, deletion, erasure or recall of printed newspapers or magazines containing ads in case of commission of the violations prescribed in clause 1 of this Article.

Article 36. Violations against regulations on advertising conditions

1. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for one of the following violations:

a) Having none of documentary evidence of conformity or conformance to regulations when advertising products, goods and services;

b) Having none of certificates of ownership or right of use in accordance with regulations when advertising property.

2. Remedies:

Compelling the removal, demolition and deletion or erasure of advertisements or the recall of printed newspapers and magazines containing advertisements in case of commission of the acts specified in clause 1 of this Article.

Article 37. Violations against regulations on hiring of advertising service providers

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Section 2. VIOLATIONS ARISING FOR ADVERTISING ON PRINTED NEWSPAPERS, PRODUCTS, ELECTRONIC MEANS, TERMINAL DEVICES AND OTHER TELECOMMUNICATION DEVICES

Article 38. Violations against regulations on advertising on electronic newspapers and websites

1. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong for one of the following violations:

a) Failing to notify names, addresses, organizations and individuals providing advertising services in Vietnam to owners of websites of foreign organizations or individuals doing business of cross-border advertising services in accordance with regulations in force;

b) Failing to report on rendering of advertising services of organizations and individuals providing advertising services in Vietnam to owners of websites of foreign organizations or individuals doing business of cross-border advertising services;

c) Advertising on websites of foreign organizations or individuals doing business of cross-border advertising services without consent from organizations or individuals providing advertising services that have registered for their legally operating in Vietnam.

2. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for one of the following violations:

a) Failing to design ads so that audience can have the option of turning on or off these ads not placed at fixed positions;

b) Waiting time for turning off or on an advert not placed at fixed positions shall not exceed 1.5 second;

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3. Remedies:

Compelling the removal of advertisements in case of commission of the violations specified in clause 2 of this Article.

Article 39. Violations against regulations on advertising on printed newspapers

1. Imposing the fine ranging from 3,000,000 dong to 5,000,000 dong for one of the following violations:

a) Issuing advertising supplements without issuing written notification to competent state authorities according to regulations in force;

b) An ads supplement is not separately paginated; does not have the same size as a main page; is not issued together with main pages;

c) Advertising on news articles.

2. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for the act of placing advertisements on newspaper covers or front pages.

3. Imposing the fine ranging from 15,000,000 dong to 20,000,000 dong for one of the following violations:

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b) Having none of signs helping distinguish the advertisement section from others;

c) Failing to show names; names and addresses of press agencies; failing to show the line "Advertisement supplement is not included in the selling price” on the first page of the advertisement supplement.

Article 40. Violations against regulations on advertising on audio and video newspapers

1. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for the act of advertising on audio and video newspapers without any sign helping distinguish advertising contents from others.

2. Imposing the fine ranging from 30,000,000 dong to 50,000,000 dong for the act of advertising products in the form of running texts or series of motion graphics if advertised products are not placed close to the bottom of the screen or 10% greater than the screen height and affect a program’s main contents.

3. Imposing the fine ranging from 50,000,000 dong to 100,000,000 dong for one of the following violations:

a) Running an advertisement of which length is 10% longer than total broadcast duration per day of a broadcasting organization that is not a channel or program specially designed for advertisements;

b) Running advertisements in news programs;

c) Running advertisements in live radio and television programs about special political events or major national celebrations;

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dd) Advertising more than four times in each entertainment program or game show on radio or television;

e) Running advertisements for more than 5 minutes each time in a movie program, entertainment program or game show on radio and television;

g) Running a TV advertisement of which length is 5% longer than total broadcast duration per day of a broadcasting organization that is not a channel or program specially designed for advertisements;

h) Showing the full movie for advertising purposes without obtaining movie circulation permits issued by competent state authorities or broadcasting decisions of heads of television stations or radio - television stations.

4. Imposing the fine ranging from 150,000,000 dong to 200,000,000 dong for the act of launching commercial channels or programs without obtaining permits or licenses from competent state authorities.

5. Remedies:

Compelling the disgorgement of illegal gains from commission of the violations defined in clause 1, 2, 3 and 4 of this Article.

Article 41. Violations against regulations on advertising on print products and electronic publications

1. Imposing the fine ranging from 3,000,000 dong to 5,000,000 dong for the act of advertising without stating name, address, organization or individual providing advertising services or the advertiser, print quantity, printing place on pictures, photographs, posters, catalogs, flyers, brochures and other print products that are not publications, except for the cases specified in clause 2 and 4 of this Article.

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a) Failing to place the advertiser's emblem, logo or trademark at the bottom of a print product;

b) Advertising in excess of the prescribed space on pictures, photos, posters, catalogs, flyers, leaflets or brochures propagating and disseminating information about politics, economy, culture, society, science, technology, literature, art, education and training;

c) Advertising in excess of the prescribed space or running advertisements of which content and images do not accord with Vietnamese fine customs and traditions on each publication which is a tear-off block calendar;

d) Advertising on each tear-off block calendar containing national holidays and key national anniversaries.

3. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for one of the following violations:

a) Running ads that mix with or interrupt the content of each electronic publication;

b) Running advertisements on one of the second, third and fourth cover page of each publication in book form and non-commercial document in book form, except in the case of placing the advertisement for the author, work, publisher, affiliated partner in publishing activities on the fourth cover page of a book and promotional book;

c) Running advertisements on the first cover pages or block text pages of each publication in book form and non-commercial document in book form, except promotional books;

d) Running advertisements for the author, work, publisher, emblem, logo or trademark of a product, commodity, service, and activities on a non-commercial document that are not under ownership of the organization or individual publishing that document.

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5. Remedies:

Compelling the destruction or elimination of exhibits involved in the violations referred to in clause 4 of this Article.

Section 3. ADMINISTRATIVE VIOLATIONS ARISING FROM ADVERTISING ON MEANS OF ADVERTISING

Article 42. Violations against regulations on advertising on billboards, banners and screens

1. Imposing the fine ranging from 1,000,000 dong to 2,000,000 dong for one of the following violations:

a) Hanging, erecting, placing and installing each billboard, banner or screen for outdoor advertising purposes at the locations different from the planned ones or the ones approved by competent state authorities;

b) Failing to clarify name, address of the advertising maker on each billboard or banner.

2. Imposing the fine ranging from 2,000,000 dong to 5,000,000 dong for one of the following violations:

a) Advertising in excess of the prescribed space of a billboard, banner or screen at the planned position or the position approved by competent state authorities;

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3. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong for one of the following violations:

a) Placing emblems, logos and trademarks of advertisers at the positions different from the prescribed ones on billboards or banners containing political or political-social propaganda;

b) Representing logos or trademarks of products covering space greater than the allowable space that they may occupy on billboards or banners containing political or political-social propaganda;

c) Displaying advertisements on billboards and banners that are in breach of regulations on protected perimeters of historical - cultural relics; safety corridors of roads, dykes or national power grids; obscure traffic lights; block roads or public signage;

d) Making modifications to falsify advertisement contents that are already notified to competent state authorities;

dd) Incorrectly notifying advertisement contents displayed on billboards or banners to competent state authorities of the places where advertising activities are carried out.

4. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for one of the following advertising acts:

a) Using sounds on outdoor screens;

b) Failing to make a notice of contents, time, location of advertisement, quantity of billboards or banners.

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a) Compelling the provision of information about name and address of the advertising maker on each billboard or banner in case of commission of the violations defined in point b of clause 1 of this Article;

b) Compelling the removal of advertisements in case of commission of the violations specified in point a of clause 1, clause 2, 3 and 4 of this Article.

Article 43. Violations against regulations on advertisements that are not aesthetically pleasing, and affect traffic order, safety, society and on means of transport

1. Issuing cautions or imposing the fine ranging from 1,000,000 dong to 2,000,000 dong for the act of handing out flyers that are not aesthetically pleasing, and affect traffic order and safety and the society.

2. Imposing the fine ranging from 2,000,000 dong to 5,000,000 dong for one of the following violations:

a) Mounting advertisements on the front, back and roof of vehicle;

b) Placing an advertisement covering more space than the allowable space that it may occupy on each side of a means of transport.

3. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong on persons whose advertisements existing in the form of flyers for their products, commodities or services are not aesthetically pleasing, and affect aesthetics, traffic order and safety and the society.

4. Remedies:

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b) Compelling the removal, deletion or erasure of advertisements in case of commission of the violations specified in clause 2 of this Article.

Article 44. Violations against regulations on advertising by using loudspeakers and other equivalents

1. Imposing the fine ranging from 1,000,000 dong to 3,000,000 dong for one of the following violations:

a) Advertising by using loudspeakers and other equivalents at offices of authorities, armed forces, schools or hospitals;

b) Advertising by using loudspeakers and other equivalents on audio systems serving political propaganda purposes at communes, wards or towns.

2. Imposing the fine ranging from 3,000,000 dong to 5,000,000 dong for the act of advertising by using loudspeakers and other equivalent means mounted on means of transport and portable equipment at urban or built-up areas of cities or towns.

3. Other supplementary penalties:

Confiscating exhibits involved in the violations referred to in point b of clause 1 and clause 2 of this Article.

Article 45. Violations against regulations regarding advertising in cultural or sporting programs or events

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a) Hanging, placing, pasting or erecting advertising products as high as or higher than program's emblems, logos or names;

b) The font size of an advertising product is greater than half of the font size of the program's name.

2. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong for one of the following violations:

a) Advertising on the stage area which is not aesthetically pleasing and obscures the view of viewers;

b) Advertising inside stadiums, competition halls and sporting venues that obscure the National Flag, National Emblem, leader's photo, instruction sign and audience’s view;

c) Advertising inside stadiums or competition halls that interfere with athletes' practice, competition and performance, coaches’ instructions and the fulfillment of duties by the Organizers’ Board, referees, instruction staff, medical staff and attendants.

3. Remedies:

Compelling the removal, demolition, erasure or deletion of advertisements in case of commission of the violations specified in clause 1 and 2 of this Article.

Article 46. Violations against regulations on management of street teams

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a) Advertising by street teams in contrast to the notices already sent to competent state authorities;

b) Advertising by street teams without approval from competent state authorities of the places where advertisements are run after they are informed of contents of advertisements.

2. Imposing the fine ranging from 2,000,000 dong to 5,000,000 dong for the act of failing to notify contents and forms of advertising products, the quantity of persons joining in a street team; time and itinerary, to competent state authorities in accordance with regulations in force.

Article 47. Violations against regulations on advertisements inserted into video tapes, discs, audio and video recordings

Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for the act of inserting advertisements into video tapes, discs, audio and video recordings of art or stage performances, audio and video recordings used as replacement or illustration for books if the advertising duration exceeds total time length of main content in accordance with regulations in force.

Article 48. Violations against regulations on signboards

1. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong for one of the following violations:

a) Failing to fully display the directly controlling agency’s name on the signboard; the production and business establishment’s name in accordance with the business registration certificate or the enterprise registration certificate; addresses and telephone numbers;

b) Using signboards of which the size is in breach of regulations in force.

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a) Incorrectly or insufficiently entering Vietnamese names on signboards;

b) Entering foreign language in place of Vietnamese on signboards;

c) Displaying proper names, abbreviated names or international transaction names in foreign language placed above names in Vietnamese on signboards;

d) Displaying proper names, abbreviated names or international transaction names in foreign language of which the font size is three-quarters more than the Vietnamese font size on signboards;

dd) The height of the vertical signboard is greater than the height of the story accommodating that signboard.

3. Imposing the fine ranging from 15,000,000 dong to 20,000,000 dong for one of the following violations:

a) Hanging, erecting, placing and mounting signboards obscuring exit and fire safety spaces;

b) Hanging, erecting, placing or mounting signboards protruding into sidewalks or road pavements to the extent that these signboards may affect public transport;

c) Hanging, erecting, placing, mounting or affixing signboards that are not aesthetically pleasing.

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Compelling the removal of signboards in case of commission of the violations specified in clause 1, 2 and 3 of this Article.

Section 4. VIOLATIONS ARISING FROM ADVERTISING FOR SPECIAL PRODUCTS, COMMODITIES OR SERVICES

Article 49. Violations against regulations on validation of contents of advertisement for special products, commodities or services

1. Imposing the fine ranging from 20,000,000 dong to 25,000,000 dong for the act of advertising special products, commodities or services without obtaining validation of advertisement contents from competent state authorities in advance in accordance with regulations in force.

2. Other supplementary penalties:

Withholding the right to use the certificate of conformance to pharmaceutical business regulations, the acknowledgement of receipt of registration for product launch announcement, the permit for healthcare service provision for the duration of between 01 and 03 months with respect to the violation prescribed in clause 1 of this Article if the violation arising from advertising medicines, foods, food additives, healthcare services is repeated at least 02 times during the 6-month period.

3. Remedies:

Compelling the removal, demolition and deletion or erasure of advertisements or the recall of printed publications or magazines containing advertisements in case of commission of the acts specified in clause 1 of this Article.

Article 50. Violations against regulations on advertising for medicines

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a) Failing to correctly write or clearly read the name of the drug; the name of the active ingredient; except for herbal drugs, traditional drugs; contraindications, precautions for special users and the further warning saying "Read instructions carefully before use” with respect to advertising for medicines on print, audio, video and electronic newspapers;

b) Failing to display full names of medicines; names of active ingredients of medicines, except herbal medicines and traditional medicines; names and addresses of organizations or individuals responsible for bringing products to market and further warning "Read instructions carefully before use" with respect to pharmaceutical advertisements on outdoor media.

2. Imposing the fine ranging from 10,000,000 dong to 20,000,000 dong for the act of putting advertisements for pharmaceuticals that lack one of the following information:

a) Drug name;

b) Name of active ingredient, except herbal medicines, traditional medicines;

c) Indications, except those for the treatment of tuberculosis, leprosy, sexually transmitted diseases, cancer, tumor disease, diabetes or similar metabolic disorder, chronic insomnia, and indications for sexual stimulation effects;

d) Contraindications or precautions for special users, such as pregnant women, breastfeeding mothers, the elderly, children and people with chronic diseases;

dd) Name and address of the business or person responsible for bringing products to market;

e) Warning “Read carefully before use”.

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4. Imposing the fine ranging from 30,000,000 dong to 40,000,000 dong for one of the following violations:

a) Advertising products as the ones used for disease prevention, treatment, diagnosis, alleviation and adjustment of physiological functions of the human body though they are not medicines, except medical equipment;

b) Using certificates not yet recognized by the Ministry of Health, using material benefits, taking advantage of names of organizations or individuals, symbols, images, status, prestige, correspondence, acknowledgement letters or acknowledgement of patients for the purposes of advertising medicines;

c) Using clinical research results, preclinical research results, testing results or bioequivalence test results not yet recognized by the Ministry of Health for the purposes of advertising medicines;

d) Making untrue declarations in applications for confirmation of contents of pharmaceutical advertisements;

dd) Advertising drugs in contrast to the advertisement content certified by a competent state authority; advertising drugs within the period of processing of applications in accordance with regulations; advertising drugs using registered information brochures that have been expired;

e) Advertising drugs though marketing authorization registration or certificate is expired.

5. Remedies:

c) Compelling ratification of false information with respect to the violations specified in point a of clause 1 and clause 2 of this Article;

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Article 51. Violations against regulations regarding advertising for cosmetics

1. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong for the act of advertising cosmetics after receiving the acknowledgement of receipt by competent state authorities, but failing to notify this to competent state authorities at other localities where they wish to place their advertisements.

2. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for failure to clearly read out one of the following information: product name, name and address of the organization or individual responsible for bringing the product to market, and precautions, according to regulations when advertising on audio or video newspapers.

3. Imposing the fine ranging from 15,000,000 dong to 20,000,000 dong for one of the following violations:

a) Advertising cosmetic products of which effect is not consistent with those stated in announcements of effect of these cosmetic products;

b) Advertising cosmetic products not yet obtaining the receiving number of the form of announcement of the cosmetic product or the receiving number of the form of announcement of the expired cosmetic product;

c) Advertising cosmetic products when lacking the following information: product name; main uses and functions of cosmetic product, except for those shown on the product name; name and address of the organization and individual responsible for bringing the product to market; legally prescribed precautions.

4. Imposing the fine of between 30,000,000 dong and 40,000,000 dong for the act of advertising cosmetic products to the extent that they are misunderstood as medicines.

5. Remedies:

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b) Compelling the removal, demolition and deletion of advertisements or the recall of printed products and magazines containing advertisements with respect to the acts specified in clause 3 of this Article.

Article 52. Violations against regulations regarding advertising for foods and food additives

1. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong for failure to write, read or clearly read out the warning saying “This food is not a medicine and does not substitute for a medicine” when advertising functional foods on print, audio, video and electronic media.

2. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for one of the following violations:

a) Advertising food or food additives to the extent that such advertisement is not consistent with one of the prescribed documents;

b) Advertising food or food additives when lacking the following information: product name, main and side effects of functional food; name and address of the organization and individual responsible for bringing the product to market;

c) Advertising on electronic devices installed at public places; handing out or presenting printouts, audio recordings, video recordings, devices used for storage of food introduction data that are not consistent with the dossier of announcement of regulation conformity, the dossier of registration of announcement of product or the dossier of self-announcement of product or the dossier of registration for confirmation of advertising contents at fairs, seminars, conferences or exhibitions.

3. Imposing the fine ranging from 15,000,000 dong to 20,000,000 dong for the act of organizing fairs, seminars, conferences or exhibitions that handing out or presenting print, audio and video recording products and devices for storage of data on introduction of food products and food additives if their content is not confirmed as required by law by a competent state authority.

4. Imposing the fine ranging from 20,000,000 dong to 30,000,000 dong for one of the following violations:

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b) Using advertisements for functional foods to the extent that they are misunderstood as medicines;

c) Showing food advertisements containing posts, quotes or opinions of patients describing foods as medicines.

5. Other supplementary penalties:

a) Withholding the right to use the acknowledgement of receipt of registration for announcement of product for the duration of between 01 and 03 months in case of commission of violations arising from advertising for health protection foods twice or more times within the period of 06 months;

b) Withholding the right to use the acknowledgement of receipt of registration for announcement of product for the duration of between 03 and 05 months; the right to use the Certificate of advertisement content for the duration ranging from 22 to 24 months, for the violations specified in clause 4 of this Article in case of commission of violations regarding advertising for health protection foods twice or more times within the period of 06 months.

6. Remedies:

a) Compelling ratification of false information with respect to the violations specified in point a and b of clause 2 and clause 4 of this Article;

b) Compelling the removal, demolition and deletion of advertisements or the recall of print products and magazines containing advertisements with respect to the acts specified in point a and b of clause 2 and 4 of this Article;

c) Compelling the destruction or elimination of exhibits involved in the violations referred to in point c of clause 2 and clause 3 of this Article.

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1. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong for one of the following violations:

a) Showing advertisements for chemicals, insecticides and germicides for domestic and medical use of which content is inconsistent with the Certificate of marketing authorization issued by a competent state authority;

b) Showing advertisements for chemicals, insecticides or germicides for domestic and medical use of which content is inconsistent with the written confirmation of advertisement content issued by the Ministry of Health.

2. Imposing the fine ranging from 10,000,000 dong to 20,000,000 dong for the act of advertising for chemicals, pesticides or germicides for domestic and medical use in case of missing out one of the following information:

a) Product name;

b) Name and address of the business or person responsible for marketing the product;

c) Uses, functions and effects;

d) Warning: “Read the instructions carefully before use” or “Restricted use of products using chemicals in the List of Restricted Use Products”.

3. Imposing the fine ranging from 20,000,000 dong to 30,000,000 dong for the act of advertising or releasing advertisements for chemicals, pesticides or germicides for domestic and medical use in case of not yet obtaining the number of registration of marketing issued by the Ministry of Health.

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Compelling the removal, demolition and deletion or erasure of advertisements or the recall of print products or magazines containing advertisements with respect to the acts specified in clause 1, 2 and 3 of this Article.

Article 54. Violations against regulations on advertising for medical equipment

1. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong for one of the following violations:

a) Showing advertisements for chemicals, insecticides and germicides for domestic and medical use of which content is inconsistent with the certificate of marketing authorization and the acknowledgement of receipt of the dossier of announcement of applied standards or the export permit issued by competent state authorities;

b) Failing to promptly inform competent state authorities and customers of warnings related accidents or unexpected effect of medical equipment.

2. Imposing the fine ranging from 10,000,000 dong to 20,000,000 dong for one of the following violations:

a) Advertising incorrect uses, functions and effects of medical equipment;

b) Concealing warnings related to incidents, unexpected effects of medical equipment;

c) Showing advertisements that do not include the name, category, manufacturer, country of manufacture of medical equipment, or the name and address of the organization or individual responsible for marketing the product, and the organization or individual responsible for product warranty.

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a) Compelling ratification of false information in case of commission of the violations specified in point a and c of clause 2 of this Article;

b) Compelling the removal, demolition and deletion of advertisements or the recall of print products and magazines containing advertisements with respect to the acts specified in clause 1 and 2 of this Article.

Article 55. Violations against regulations regarding advertising for dairy products and dietary supplements

1. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for the act of showing advertisements for dairy products and dietary supplements for children of which contents are inconsistent with the acknowledge of receipt of announcement of conformity to regulations, or the application for registration of the product announcement, or the product self-announcement dossier, or the application for registration of confirmation of advertisement content.

2. Imposing the fine ranging from 15,000,000 dong to 20,000,000 dong for the act of showing advertisements for dairy products and dietary supplements for infants in which one of the following information is missed out:

a) Product name;

b) Name and address of the business or person responsible for marketing the product.

3. Imposing the fine ranging from 20,000,000 dong to 30,000,000 dong for the act of advertising dietary supplements for infants under 24 months of age without conformance to the following requirements:

a) The introduction of an advertisement must include the maxim: “Breast milk is the best food for the health and comprehensive development of babies”;

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4. Remedies:

a) Compelling ratification of false information in case of commission of the violations specified in clause 1 and clause 2 of this Article;

b) Compelling the removal, demolition and deletion of advertisements or the recall of print products and magazines containing advertisements with respect to the acts specified in clause 1 and 2 of this Article;

c) Compelling the removal of infringing content from advertisements with respect to the violations specified in clause 3 of this Article.

Article 56. Violations against regulations on advertising for healthcare services

1. Imposing the fine ranging from 15,000,000 dong to 20,000,000 dong for the act of showing advertisements for medical examination and treatment services which lack information about the scope of professional activities stated in licenses for medical examination and treatment services.

2. Imposing the fine ranging from 20,000,000 dong to 30,000,000 dong for one of the following violations:

a) Advertising the diagnosis and selection of embryo or fetus sex;

b) Advertising and brokering donation, or procuring human organs for commercial purposes.

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4. Other supplementary penalties:

a) Imposing the penalty in the form of deprivation of the rights to use licenses for medical examination and treatment services for a period of between 01 month and 03 months for the violations specified in clause 1 of this Article;

a) Imposing the penalty in the form of deprivation of the rights to use licenses for medical examination and treatment services for a period of between 03 month and 06 months for the violations specified in clause 2 of this Article;

5. Remedies:

Compelling the removal, demolition and deletion or erasure of advertisements or the recall of print products or magazines containing advertisements with respect to the acts specified in clause 1, 2 and 3 of this Article.

Article 57. Violations against regulations on advertising for pesticides or beneficial organisms used for crop protection

1. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong for one of the following violations:

a) Showing advertisements for pesticides that are not consistent with the content stated in the certificate of registration of pesticide;

b) Showing advertisements for beneficial organisms used for crop protection which do not conform to the plant quarantine permit.

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a) Showing advertisements for pesticides that are not in the list of pesticides permitted for use in Vietnam.

b) Advertising pesticides or beneficial organisms used for crop protection purposes without one of the following information: Product name; name and address of the business or person responsible for marketing the product; functions, uses, effects and usage or storage warnings.

3. Imposing the fine of between 25,000,000 dong and 40,000,000 dong for the act of advertising pesticides prohibited for use in Vietnam.

4. Remedies:

a) Compelling ratification of false information in case of commission of the violations specified in clause 1 of this Article;

b) Compelling the removal, demolition and deletion or erasure of advertisements or the recall of print products or magazines containing advertisements in case of commission of the acts specified in clause 1, 2 and 3 of this Article.

Article 58. Violations against regulations on advertising for veterinary drugs, biologicals, microbes and chemicals used in veterinary healthcare activities

1. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for the act of showing advertisements for veterinary drugs that contain information inconsistent with those stated in certificates of marketing authorization.

2. Imposing the fine ranging from 20,000,000 dong to 30,000,000 dong for the act of advertising veterinary drugs without obtaining certificates of marketing authorization.

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a) Compelling ratification of false information in case of commission of the violations specified in clause 1 of this Article;

b) Compelling the removal, demolition and deletion of advertisements or the recall of print products and magazines containing advertisements with respect to the acts specified in clause 1 and 2 of this Article.

Article 59. Violations against regulations regarding advertising for fertilizers

1. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for the act of showing advertisements for fertilizers that contain information inconsistent with those stated in decisions on recognition of marketing authorization of fertilizers in Vietnam.

2. Imposing the fine ranging from 15,000,000 dong to 20,000,000 dong for the act of advertising fertilizers without the following information:

a) Fertilizer’s name;

b) Origin and raw materials used for manufacture of fertilizer;

c) Name and address of the business or person responsible for marketing the product.

3. Imposing the fine ranging from 20,000,000 dong to 30.0000.000 dong for the act of advertising fertilizers without obtaining decisions on recognition of marketing authorization of fertilizers in Vietnam.

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a) Compelling ratification of false information in case of commission of the violations specified in clause 1 and clause 2 of this Article;

b) Compelling the removal, demolition and deletion or erasure of advertisements or the recall of print products or magazines containing advertisements in case of commission of the acts specified in clause 1, 2 and 3 of this Article.

Article 60. Violations against regulations on advertising for animal feeds, aquafeeds, farming environmental remediation products, aquatic environmental remediation products

1. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for the act of showing untruthful advertisements related to the nature, effects, quality and origin of animal feeds, aquafeeds, farming environmental remediation products and aquatic environmental remediation products.

2. Remedies:

a) Compelling ratification of false information in case of commission of the violations specified in clause 1 of this Article;

b) Compelling the removal, demolition and deletion of advertisements or the recall of print products and magazines containing advertisements with respect to the acts specified in clause 1 of this Article.

Article 61. Violations against regulations on advertising for plant varieties

1. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong for one of the following violations:

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b) Advertising imported plant varieties displayed in exhibitions or fairs without including information the same as those stated in plant variety import permits granted by competent authorities;

c) Advertising plant varieties with incorrect information, or to the extent of causing confusion about, the business ability of the business or person (i.e. quantity, quality, selling price), contents shown on labels or marks.

2. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for one of the following violations:

a) Advertising plant varieties that are not major plant species without obtaining decisions on recognition of free flow or exceptional decisions on recognition of free flow of plant varieties or not in the list of plant varieties permitted for manufacturing or trading in Vietnam or without obtaining decisions on recognition of new plant varieties;

b) Advertising plant varieties without including one of the followings: name, origin of the plant variety; name and address of the business or person responsible for marketing the plant variety;

c) Content of an advertisement for plant variety is not consistent with information included in the decision on recognition of free flow, the exceptional decision on recognition of free flow, or the announcement of information about the plant variety subject to the free flow self-announcement requirement.

3. Remedies:

a) Compelling ratification of false information in case of commission of the violations specified in clause 1 of this Article;

b) Compelling the removal, demolition and deletion of advertisements or the recall of print products and magazines containing advertisements with respect to the acts specified in clause 1 and 2 of this Article.

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1. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for the act of advertising livestock or aquatic breeds without including one of the following information: name; name and address of the business or person responsible for marketing the livestock or aquatic breed.

2. Remedies:

Compelling the removal, demolition and deletion or erasure of advertisements or the recall of print products and magazines containing advertisements in case of commission of the acts specified in clause 1 of this Article.

Chapter IV

AUTHORITY TO IMPOSE ADMINISTRATIVE PENALTIES AND APPLY REMEDIES FOR VIOLATIONS ARISING FROM CULTURAL AND ADVERTISING ACTIVITIES

Article 63. Authority to issue administrative offence notices

1. Authority to impose administrative violations shall be delegated to persons accorded authority to impose administrative penalties as provided in Article 64 through Article 70 herein within their assigned functions, duties and powers.

2. Civil servants, public employees, people working for the People's Army and People's Public Security Forces who are performing their assigned duties or tasks in the culture and advertising sectors shall have the right to issue notices of administrative violations according to regulations.

3. Aircraft commanders, ship chief mates and captains who are on duty according to their assigned functions and powers in the culture and advertising sectors shall have the right to issue notices of administrative violations for violations occurring on aircraft, ships and other inland watercraft.

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1. The Presidents of the commune-level People’s Committees shall be accorded the following authority:

a) Imposing penalties in the form of cautions;

b) Imposing a fine of up to VND 5,000,000;

c) Seizing any material object or equipment used in commission of administrative violation of which value does not exceed the monetary penalty amount specified in point b of this Clause;

d) Apply remedies or mitigation measures or relief stipulated in point a, b and dd of clause 1 of Article 28 hereof.

2. The Presidents of the district-level People’s Committees shall be accorded the following authority:

a) Imposing penalties in the form of cautions;

b) Imposing the fine of up to 25,000,000 dong for administrative violations arising from cultural activities; up to 50,000,000 dong for administrative violations arising from advertising activities;

c) Forfeiting the rights to use certificates, practicing certificates or suspending business for a specified duration;

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dd) Applying remedies or mitigation and relief measures against consequences which are stipulated in Article 4 herein.

3. The Presidents of the provincial-level People’s Committees shall be accorded the following authority:

a) Imposing penalties in the form of cautions;

b) Imposing the fine of up to 50,000,000 dong for administrative violations arising from cultural activities; up to 100,000,000 dong for administrative violations arising from advertising activities;

c) Forfeiting the rights to use certificates, practicing certificates or suspending business for a specified duration;

d) Confiscating any exhibit or means involved in commission of administrative violation;

dd) Applying remedies or mitigation and relief measures against consequences which are stipulated in Article 4 herein.

Article 65. Sanctioning authority of inspectors

1. Inspectors or persons assigned to carry out other specialized inspections on duty shall be vested with the following rights:

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b) Imposing a fine of up to VND 500,000;

c) Seizing any material object or equipment used in commission of administrative violation of which value does not exceed the monetary penalty amount specified in point b of this Clause;

d) Applying remedies or mitigation or relief measures stipulated in point a and dd of clause 1 of Article 28 in the Law on Sanctioning of Administrative Penalties.

2. Department-level Chief Inspector, Head of department-level specialized inspection teams, Chief Inspector of the Maritime Administration, Chief Inspector of the Civil Aviation Authority, Directors of Sub-Departments of Food Safety and Hygiene under the Department of Health, Directors of Sub-Departments of Plant Protection, Veterinary Medicine, Animal Husbandry, Fisheries, Quality Management of Agricultural, Forestry and Fishery Products, Water Resources, Dikes and Forestry under the Departments of Agriculture and Rural Development, and Director of the Regional Frequency Center, shall be accorded the following authority:

a) Imposing penalties in the form of cautions;

b) Imposing the fine of up to 25,000,000 dong for administrative violations arising from cultural activities; up to 50,000,000 dong for administrative violations arising from advertising activities;

c) Forfeiting the rights to use certificates, practicing certificates or suspending business for a specified duration;

d) Seizing any material object or equipment used in commission of administrative violation of which value does not exceed the monetary penalty amount specified in point b of this Clause;

dd) Applying remedies or mitigation and relief measures against consequences which are stipulated in Article 4 herein.

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a) Imposing penalties in the form of cautions;

b) Imposing the fine of up to 35,000,000 dong for administrative violations arising from cultural activities; up to 70,000,000 dong for administrative violations arising from advertising activities;

c) Forfeiting the rights to use certificates, practicing certificates or suspending business for a specified duration;

d) Seizing any material object or equipment used in commission of administrative violation of which value does not exceed the monetary penalty amount specified in point b of this Clause;

dd) Applying remedies or mitigation and relief measures against consequences which are stipulated in Article 4 herein.

4. Chief Inspectors at the ministerial level, Director General of Directorate for Roads of Vietnam, Director General of Directorate of Water Resources, Director General of Vietnam Disaster Management Authority, Director of General Department of Forestry, Director of General Department of Fisheries, Director of General Department of Land Administration, Director of Vietnam Railway Administration, Director of Vietnam Inland Waterway Administration, Director of Vietnam Maritime Administration, Director of Vietnam Aviation Department, Director of Department of Animal Health, Director of Department of Plant Protection, Director of Crop Production Department, Director of Livestock Production Department, Director of Department of Agro-Forestry and Fishery Quality Control, Director of the Radio Frequency Department, Director of Telecommunications Department, Director of Authority of Broadcasting and Electronic Information, Director of Authority of Press, Director of Department of Publishing, Printing and Issuing, Director of Drug Administration Department, Director of Medical Examination and Treatment Administration, Director of Health Environment Management Agency, Director of Department of Preventive Medicine and Director of Department of Food Safety shall be accorded the following authority:

a) Imposing penalties in the form of cautions;

b) Imposing the fine of up to 50,000,000 dong for administrative violations arising from cultural activities; up to 100,000,000 dong for administrative violations arising from advertising activities;

c) Forfeiting the rights to use certificates, practicing certificates or suspending business for a specified duration;

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dd) Applying remedies or mitigation and relief measures against consequences which are stipulated in Article 4 herein.

Article 66. Sanctioning authority of the People’s Public Security forces

1. Soldiers of the People’s Public Security on duty shall be accorded the following authority:

a) Imposing penalties in the form of cautions;

b) Imposing the fine of up to 500,000 dong.

2. Heads who supervise those referred to in Clause 1 of this Article shall be accorded the following authority:

a) Imposing penalties in the form of cautions;

b) Imposing the fine of up to 1,500,000 dong.

3. Sheriffs of commune-level police units, Commanders of police stations and Heads of police stations at border checkpoints or export processing zones shall be accorded the following authority:

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b) Imposing the fine of up to 2,500,000 dong;

c) Seizing any material object or equipment involved in commission of administrative violation of which value does not exceed the monetary penalty amount specified in point b of this Clause;

d) Applying remedies or mitigation or relief measures stipulated in point a and d of clause 1 of Article 28 in the Law on Sanctioning of Administrative Penalties.

4. Sheriffs of the district-level Police Divisions; Heads of Divisions of the provincial-level Police Sub-Departments, including: Head of Traffic Police Division or Head of the Police Division for Road and Rail Traffic, Head of the Waterway Police Division, Head of the Internal Political Security Division, Head of the Economic Security Division, Head of the Police Division for Investigation into Crimes against Social Order, Head of the Police Division for Investigation into Corruption, Economic and Smuggling Crimes; Head of the Police Division for Administrative Management of Social Order, Head of the Police Division for Cybersecurity, Prevention and Control of Hi-tech Crimes, Head of the Immigration Division shall be accorded the following authority:

a) Imposing penalties in the form of cautions;

b) Imposing the fine of up to 10,000,000 dong for administrative violations arising from cultural activities; 20,000,000 dong for administrative violations arising from advertising activities;

c) Forfeiting the rights to use certificates, practicing certificates or suspending business for a specified duration;

d) Seizing any material object or equipment used in commission of administrative violation of which value does not exceed the monetary penalty amount specified in point b of this Clause;

dd) Applying remedies or mitigation or relief measures stipulated in point a, d and k of clause 1 of Article 28 in the Law on Sanctioning of Administrative Penalties.

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a) Imposing penalties in the form of cautions;

b) Imposing the fine of up to 25,000,000 dong for administrative violations arising from cultural activities; 50,000,000 dong for administrative violations arising from advertising activities;

c) Forfeiting the rights to use certificates, practicing certificates or suspending business for a specified duration;

d) Seizing any material object or equipment used in commission of administrative violation of which value does not exceed the monetary penalty amount specified in point b of this Clause;

dd) Applying remedies or mitigation or relief measures stipulated in point a, dd, i and k of clause 1 of Article 28 in the Law on Sanctioning of Administrative Penalties.

6. Director of Traffic Police Department; Director of Internal Political Security Department; Director of Economic Security Department; Director of the Police Department for Investigation into Crimes against Social Order; Director of the Police Department for Investigation into Corruption, Economic and Smuggling Crimes; Director of the Police Department for Administrative Management of Public Order; Director of the Department of Cybersecurity, Prevention and Control of Hi-Tech Crimes; Director of the Immigration Department, shall be accorded the following authority:

a) Imposing penalties in the form of cautions;

b) Imposing the fine of up to 50,000,000 dong for administrative violations arising from cultural activities; 100,000,000 dong for administrative violations arising from advertising activities;

c) Forfeiting the rights to use certificates, practicing certificates or suspending business for a specified duration;

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dd) Applying remedies or mitigation or relief measures stipulated in point a, dd, i and k of clause 1 of Article 28 in the Law on Sanctioning of Administrative Penalties.

Article 67. Sanctioning authority of the Border Guard

1. Duty holders of the Border Guard force when on duty shall be accorded the following authority:

a) Imposing penalties in the form of cautions;

b) Imposing the fine of up to 500,000 dong.

2. Heads who supervise those referred to in Clause 1 of this Article shall be accorded the following authority:

a) Imposing penalties in the form of cautions;

b) Imposing the fine of up to 2,500,000 dong.

3. Commanding Officers of Border Guard Posts, Captains of Border Guard Flotillas, Commanders of the Border Guard Commands at port border gates shall have the following authority:

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b) Imposing the fine of up to 10,000,000 dong for administrative violations arising from cultural activities; up to 20,000,000 dong for administrative violations arising from advertising activities;

c) Seizing any material object or equipment used in commission of administrative violation of which value does not exceed the monetary penalty amount specified in point b of this Clause;

d) Applying remedies or mitigation or relief measures stipulated in point a, dd and k of clause 1 of Article 28 in the Law on Sanctioning of Administrative Penalties.

4. Chief Commanders of the province-level border guards, and Chief Commander of coast guard naval squadrons of the High Command of the Border Guard, shall be accorded the following authority:

a) Imposing penalties in the form of cautions;

b) Imposing the fine of up to 50,000,000 dong for administrative violations arising from cultural activities; up to 100,000,000 dong for administrative violations arising from advertising activities;

c) Forfeiting the rights to use certificates, practicing certificates or suspending business for a specified duration;

d) Confiscating any exhibit or means involved in commission of administrative violations;

dd) Applying remedies or mitigation or relief measures stipulated in point a, dd, i and k of clause 1 of Article 28 in the Law on Sanctioning of Administrative Penalties.

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1. Coastguard policemen on duty shall be vested with the following powers:

a) Imposing penalties in the form of cautions;

b) Imposing the fine of up to 1,000,000 dong for administrative violations arising from cultural activities; up to 1,500,000 dong for administrative violations arising from advertising activities.

2. Leaders of the specialized coastguard groups shall be vested with the following powers:

a) Imposing penalties in the form of cautions;

b) Imposing the fine of up to 2,500,000 dong for administrative violations arising from cultural activities; up to 5,000,000 dong for administrative violations arising from advertising activities.

3. Leaders of the specialized coastguard teams and Heads of coastguard stations shall be vested with the following powers:

a) Imposing penalties in the form of cautions;

b) Imposing the fine of up to 5,000,000 dong for administrative violations arising from cultural activities; up to 10,000,000 dong for administrative violations arising from advertising activities;

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4. Heads of the Coast Guard Flotillas shall be accorded the following authority:

a) Imposing penalties in the form of cautions;

b) Imposing the fine of up to 10,000,000 dong for administrative violations arising from cultural activities; up to 20,000,000 dong for administrative violations arising from advertising activities;

c) Seizing any material object or equipment used in commission of administrative violation of which value does not exceed the monetary penalty amount specified in point b of this Clause;

d) Applying remedies or mitigation or relief measures stipulated in point a, d and k of clause 1 of Article 28 in the Law on Sanctioning of Administrative Penalties.

5. Heads of naval squadrons of the Coast Guard shall be accorded the following authority:

a) Imposing penalties in the form of cautions;

b) Imposing the fine of up to 15,000,000 dong for administrative violations arising from cultural activities; up to 30,000,000 dong for administrative violations arising from advertising activities;

c) Seizing any material object or equipment used in commission of administrative violation of which value does not exceed the monetary penalty amount specified in point b of this Clause;

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6. Regional commanders of the Coast Guard shall be accorded the following authority:

a) Imposing penalties in the form of cautions;

b) Imposing the fine of up to 25,000,000 dong for administrative violations arising from cultural activities; up to 50,000,000 dong for administrative violations arising from advertising activities;

c) Seizing any material object or equipment used in commission of administrative violation of which value does not exceed the monetary penalty amount specified in point b of this Clause;

d) Applying remedies or mitigation or relief measures stipulated in point a, dd and k of clause 1 of Article 28 in the Law on Sanctioning of Administrative Penalties.

7. Commander of the Coast Guard Police shall be vested with the following powers:

a) Imposing penalties in the form of cautions;

b) Imposing the fine of up to 50,000,000 dong for administrative violations arising from cultural activities; up to 100,000,000 dong for administrative violations arising from advertising activities;

c) Forfeiting the rights to use certificates, practicing certificates or suspending business for a specified duration;

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dd) Applying remedies or mitigation or relief measures stipulated in point a, dd and k of clause 1 of Article 28 in the Law on Sanctioning of Administrative Penalties.

Article 69. Sanctioning authority of customs authorities

1. Customs officers on duty shall be vested with the following powers:

a) Imposing penalties in the form of cautions;

b) Imposing the fine of up to 500,000 dong.

2. Team leaders of Customs Subdepartments and team leaders of Post-clearance Inspection Subdepartments shall be vested with the following powers:

a) Imposing penalties in the form of cautions;

b) Imposing the fine of up to 5,000,000 dong.

3. Directors of Customs Subdepartments, Directors of Post-clearance Inspection Subdepartments, Leaders of Control Teams of provincial, inter-provincial or centrally-affiliated city Customs Departments, Leaders of Smuggling Control Teams, Leaders of Customs Procedures Teams, Leaders of Maritime Control Flotillas and Leaders of Intellectual Property Right Control and Protection Teams subordinate to the Smuggling Investigation and Prevention Department, a subsidiary of the General Department of Customs, shall be vested with the following powers:

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b) Imposing the fine of up to 25,000,000 dong;

c) Seizing any material object or equipment used in commission of administrative violation of which value does not exceed the monetary penalty amount specified in point b of this Clause;

d) Applying remedies or mitigation or relief measures stipulated in point dd, i and k of clause 1 of Article 28 in the Law on Sanctioning of Administrative Penalties.

4. Director of the Smuggling Investigation and Prevention Department, Director of the Post-clearance Inspection Department, a subsidiary of the General Department of Customs, and Directors of the provincial, inter-provincial or centrally-affiliated city Customs Departments, shall be accorded the following authority:

a) Imposing penalties in the form of cautions;

b) Imposing the fine of up to 50,000,000 dong;

c) Forfeiting the rights to use certificates, practicing certificates or suspending business for a specified duration;

d) Seizing any material object or equipment used in commission of administrative violation of which value does not exceed the monetary penalty amount specified in point b of this Clause;

dd) Applying remedies or mitigation or relief measures stipulated in point dd, i and k of clause 1 of Article 28 in the Law on Sanctioning of Administrative Penalties.

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a) Imposing penalties in the form of cautions;

b) Imposing the fine of up to 50,000,000 dong for administrative violations arising from cultural activities; up to 100,000,000 dong for administrative violations arising from advertising activities;

c) Seizing any material object or equipment involved in commission of administrative violation;

d) Applying remedies or mitigation or relief measures stipulated in point dd, i and k of clause 1 of Article 28 in the Law on Sanctioning of Administrative Penalties.

Article 70. Sanctioning authority of the Market Surveillance Agency

1. Market controllers on duty shall be vested with the following powers:

a) Imposing penalties in the form of cautions;

b) Imposing the fine of up to 500,000 dong;

2. Heads of Market Surveillance Teams shall be accorded the following powers:

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b) Imposing the fine of up to 25,000,000 dong;

c) Seizing any material object or equipment used in commission of administrative violation of which value does not exceed the monetary penalty amount specified in point b of this Clause.

d) Applying remedies or mitigation or relief measures stipulated in point a, d, e, i and k of clause 1 of Article 28 in the Law on Sanctioning of Administrative Penalties.

3. Directors of provincial-level Market Surveillance Departments and Directors of Departments of Market Surveillance Operations directly controlled by the Vietnam Directorate of Market Surveillance shall be accorded the following authority:

a) Imposing penalties in the form of cautions;

b) Imposing the fine of up to 50,000,000 dong;

c) Seizing any material object or equipment used in commission of administrative violation of which value does not exceed the monetary penalty amount specified in point b of this Clause;

d) Seizing the right to use certificates, licenses or suspending business for a specified duration;

dd) Applying remedies or mitigation or relief measures stipulated in point a, dd, e, i and k of clause 1 of Article 28 in the Law on Sanctioning of Administrative Penalties.

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a) Imposing penalties in the form of cautions;

b) Imposing the fine of up to 50,000,000 dong for administrative violations arising from cultural activities; up to 100,000,000 dong for administrative violations arising from advertising activities;

c) Seizing any material object or equipment involved in commission of administrative violation;

d) Forfeiting the rights to use certificates, practicing certificates or suspending business for a specified duration;

dd) Applying remedies or mitigation or relief measures stipulated in point a, dd, e, i and k of clause 1 of Article 28 in the Law on Sanctioning of Administrative Penalties.

Article 71. Verification of authority to sanction administrative violations

1. Presidents of People’s Committees at any level:

a) Presidents of the People's Committees of communes shall be accorded authority to sanction the administrative violations specified in Clause 1, Article 9; Clause 1, Clause 2, Points a, c, d and dd Clause 3, Point b Clause 4 and Point a Clause 5 Article 14: Clauses 1, 2 and 3 Article 15; Clause 1, Article 20; Point c Clause 1 and Clause 2 Article 26; Point a, Clause 1 and Clause 3, Article 27; Clause 1 and Point a, Clause 2, Article 28; Article 29; Clause 1, Point a and Point b, Clause 2, Article 30; Clause 1 Article 32; Clause 1, Article 38; Clause 1 Article 39; Clause 1, Article 41; Article 44 and Article 46 in this Decree;

b) Presidents of district-level People's Committees shall be accorded authority to sanction administrative violations specified in Clauses 1 and 2, Point c, Clause 4 and Point a, Clause 5, Article 6; Article 7; Clause 1, Clause 2 and Points c, dd, e and g, Clause 4, Article 8; Clauses 1, 2, 3 and 4 Article 9; Article 10; Clauses 1, 2, 3 and 4 Article 11; Clauses 1, 2, 3 and 4 Article 12; Clause 1 Article 13; Article 14; Clauses 1, 2, 3, 4, 5, 6 and 7 Article 15; Clause 1 and Clause 2 Article 16; Clause 1 and Clause 2 Article 17; Clauses 1, 2 and 3 Article 18; Clauses 1, 2 and 3 Article 19; Clauses 1, 2, 3 and 4 Article 20; Clauses 1, 2, 3, 4 and Point b, Clause 5, Article 21; Article 22; Clauses 1, 2, 3, 4 and Point b, Clause 5, Article 23; Clause 1, Article 24; Articles 25, 26, 27, 28, 29 and 30; Clauses 1, 2, 3 and 4 Article 31; Article 32; Clauses 1, 2 and 3 Article 34; Articles 35, 36, 37, 38 and 39; Clauses 1, 2 and 3 Article 40; Article 41; Section 3 and Section 4 Chapter III in this Decree;

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2. People’s public security forces:

a) Soldiers of the People’s public security forces shall be accorded authority to sanction the administrative violations prescribed in Clause 1, Point a Clause 2 Article 14; Clause 1 Article 15; Point a Clause 1 Article 27 and 29 herein;

b) Heads of stations or teams supervising the persons referred to in Point a of this Clause shall be accorded authority to sanction the administrative violations defined in Clause 1, Clause 2 and Point a, c, d and dd Clause 3 Article 14; Clause 1 and Clause 2 Article 15; Point a Clause 1 Article 27 and Article 29 herein;

c) Sheriffs of commune-level police units, Commanders of police stations and Heads of police stations at border checkpoints or export processing zones shall be accorded authority to sanction the administrative violations defined in Clause 1, Clause 2 and Points a, c, d and e, Clause 3, Article 14; Clause 1 and Clause 2 Article 15; Point a, Clause 1, Article 27; Article 29; Clause 1 Article 30; Clause 1, Article 39 and Clause 1, Article 46 herein;

d) Sheriffs of the district-level Police Divisions; Heads of Divisions of the provincial-level Police Sub-Departments, including: Head of Traffic Police Division or Head of the Police Division for Road and Rail Traffic, Head of the Waterway Police Division, Head of the Internal Political Security Division, Head of the Economic Security Division, Head of the Police Division for Investigation into Crimes against Social Order, Head of the Police Division for Investigation into Corruption, Economic and Smuggling Crimes; Head of the Police Division for Administrative Management of Social Order, Head of the Division for Cybersecurity, Prevention and Control of Hi-tech Crimes, Head of the Immigration Division shall be accorded authority to sanction the administrative violations referred to in Clause 1 Article 6; Clauses 1, 2 and 3 Article 9; Clause 1 Article 10; Clause 1 Article 11; Clause 1 Article 12; Clause 1, Clause 2, Points a, c, d and dd Clause 3, Point b Clause 4, Clause 5, Clause 6, Points a, b, c and d Clause 7, Article 14; Clauses 1, 2, 3 and 4 Article 15; Point a, Clause 1, Article 16; Clause 1 Article 17; Clause 1 Article 18; Clause 1 Article 19; Clauses 1 and 3 Article 20; Clause 1 and Clause 2 Article 21; Clause 1 and Clause 2 Article 22; Clause 1 and Clause 2 Article 23; Article 26; Article 27; Clause 1, Point a, Clause 2, Article 28; Article 29; Clauses 1, 2, 3 and 4 Article 30; Clauses 1 and 3 Article 32; Clause 1 and Clause 2 Article 34; Articles 35, 36, 38 and 39; Clauses 1, 2 and 3 Article 41; Articles 42, 43, 44, 45, 46, 47 and 48; Point b, Clause 1, Article 50; Clauses 1 and 2, Point b, Clause 3, Article 51; Clause 1, Point c Clause 2 and Clause 3 Article 52; Clause 1 and Clause 2 Article 53; Clause 1 and Point b, Clause 2, Article 54; Clause 1 Article 56; Clause 2 Article 57; Clause 2, Article 61 and Article 62 herein;

dd) Directors of provincial-level Police Sub-Departments shall be accorded authority to sanction administrative violations specified in Clause 1, Clause 2, Point c Clause 4 and Point a Clause 5 Article 6; Article 7; Clause 1, Clause 2 and Points c, dd, e and g, Clause 4, Article 8; Clauses 1, 2, 3 and 4 Article 9; Article 10; Clauses 1, 2, 3 and 4 Article 11; Clauses 1, 2, 3 and 4 Article 12; Clause 1 Article 13; Article 14; Clauses 1, 2, 3, 4, 5, 6 and 7 Article 15; Clause 1 and Clause 2 Article 16; Clause 1 and Clause 2 Article 17; Clauses 1, 2 and 3 Article 18; Clauses 1, 2 and 3 Article 19; Clauses 1, 3 and 4 Article 20; Clauses 1, 2, 3 and 4, Point b, Clause 5, Article 21; Article 22; Clauses 1, 2, 3 and 4, Point b, Clause 5, Article 23; Clause 1, Article 24; Article 25; Articles 26, 27, 28, 29 and 30; Clauses 1, 2, 3 and 4 Article 31; Article 32; Clauses 1, 2 and 3 Article 34; Articles 35, 36; 37, 38 and 39; Clauses 1, 2 and 3 Article 40; Articles 41, 42, 43, 44, 45, 46, 47, 48 and 49; Point b, Clause 1, Clause 3 and Clause 4 Article 50; Clause 1, Clause 2 and Point b, Clause 3, Article 51; Clause 1, Point c Clause 2 and Clause 3 Article 52; Article 53; Clause 1 and Point b, Clause 2, Article 54; Clause 3 Article 55; Article 56; Clauses 2 and 3 Article 57; Clause 2 Article 58; Clause 3 Article 59; Clause 2, Article 61 and Article 62 herein;

e) Director of Traffic Police Department; Director of Internal Political Security Department; Director of Economic Security Department; Director of the Police Department for Investigation into Crimes against Social Order; Director of the Police Department for Investigation into Crimes of Corruption, Economy and Smuggling; Director of the Police Department for Administrative Management of Public Order; Director of the Department of Cybersecurity, Prevention and Control of Hi-Tech Crimes; Director of the Immigration Department shall be accorded authority to sanction the administrative violations referred to in Chapters II and III, except for the acts specified in Point a, Clause 4, Article 6; Point c Clause 3, Point g Clause 4, Points b, c and d Clause 5 Article 17; Point b, Clause 6, Article 18; Clause 2, Point b and Point c Clause 5 Article 20; Clause 5, Article 34; Point a, Clause 1 and Clause 2, Article 50; Points a and c, Clause 3, Clause 4, Article 51; Points a and b, Clause 2, Clause 4, Article 52; Points a and c, Clause 2, Article 54; Clauses 1 and 2 Article 55; Clause 1 Article 57; Clause 1 Article 58; Clause 1 and Clause 2 Article 59; Article 60; Clause 1, Article 61 herein.

3. Border Guard:

a) Heads of border guard stations, heads of flotillas of the border guard, commanders of command committees of border-gate guards shall be accorded authority to sanction the administrative violations specified in Clause 1 Article 20; Clause 1 Article 31; Point a and b Clause 1 Article 35 and 43 herein;

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4. Coast Guard:

a) Coast Guard policemen shall be accorded authority to sanction the administrative violations specified in Point c, Clause 1, Article 14 herein;

b) Leaders of specialized Coast Guard groups shall be accorded authority to sanction the administrative violations specified in Point c, Clause 1, Article 14 herein;

c) Leaders of specialized Coast Guard teams or Heads of Coast Guard stations shall be accorded authority to sanction the administrative violations specified in Point c, Clause 1, Article 14; Clause 1, Article 20 herein;

d) Heads of Coast Guard Flotillas shall be accorded authority to sanction the administrative violations defined in Point c, Clause 1, Article 14; Point a, Clause 1, Article 16; Clause 1, Article 20; Points a and b, Clause 1, Article 35 and Article 36 herein;

dd) Heads of Coast Guard Flotillas shall be accorded authority to sanction the administrative violations defined in Point c, Clause 1, Article 14; Point a, Clause 1, Article 16; Clause 1, Article 20; Points a and b, Clause 1, Article 35 and Article 36 herein;

e) Regional commanders of the Coast Guard shall be accorded authority to sanction the administrative violations prescribed in Point b, Clause 5, Article 9; Point b, Clause 2, Article 11; Point c, Clause 1, Article 14; Point a, Clause 1, Clause 2, Article 16; Point b Clause 3 and Point a Clause 5, Point c Clause 6 Article 18; Point b Clause 3 and Point a Clause 5 Article 19; Clause 1, Point dd Clause 7 Article 20; Clause 1, Article 24; Article 25; Point a (in case it is not health a protection food advertisement) and point c, Clause 2, Article 34; Points a and b, Clause 1, Article 35 and Article 36 herein;

g) Coast Guard Commanders shall be accorded authority to sanction the administrative violations prescribed in Point b, Clause 5, Article 9; Point b, Clause 2, Article 11; Point c, Clause 1, Article 14; Point a, Clause 1, Clause 2, Article 16; Point b Clause 3 and Point a Clause 5, Point c Clause 6 Article 18; Point b Clause 3 and Point a Clause 5 Article 19; Clause 1 and Points a and dd Clause 7 Article 20; Article 24; Article 25; Article 33; Points a and c, Clause 2, Clauses 3, 4 and 6 Article 34; Points a and b, Clause 1, Article 35 and Article 36 herein.

5. Customs:

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b) Director of the Anti-Smuggling Investigation Department, Director of the Post-Customs Clearance Inspection Department under the General Department of Customs, and Director of Customs Department of province, inter-province and centrally-run city shall be accorded authority to sanction the administrative violations defined in Point b Clause 3 and Point a Clause 5 Article 18; Point b Clause 3 and Point a Clause 5 Article 19 herein;

c) Director of the General Department of Customs shall be accorded authority to sanction the administrative violations defined in Point b Clause 3 and Point a Clause 5 Article 18; Point b Clause 3 and Point a Clause 5 Article 19; Point dd Clause 7 Article 20 herein.

6. Market Surveillance:

a) Head of Market Surveillance Team shall be accorded authority to sanction the administrative violations prescribed in Article 7; Clause 4 Article 9; Clause 1 Article 13; Clause 5, Clause 6, Point a and Point b Clause 7, Article 15; Clause 2 Article 16; Clauses 1, 2, 3 and 4 Article 31; Clauses 1 and 2, Article 34 (except for the case of advertising for health protection foods that violates the provisions of Point a, Clause 2 of this Article 02 times or more within a period of 06 months); Points a and b, Clause 1, Article 35; Articles 36; Article 48; Article 49 (except for the case of advertising drugs, food, food additives, medical examination and treatment services, which violates twice or more within a period of 06 months); Clauses 1 and 2 Article 50; Clauses 1, 2 and 3 Article 51; Clauses 1, 2 and 3, Article 52 (except for the case of advertising for health protection foods that violates the provisions of Clause 3 of this Article 02 times or more within a period of 06 months); Clause 1 and Clause 2 Article 53; Article 54; Clauses 1 and 2 Article 55; Clauses 1 and 2 Article 57; Clause 1 Article 58; Clauses 1 and 2 Article 59 and Articles 60, 61 and 62 herein;

b) Director of the provincial Market Surveillance Department and Director of Department of Market Surveillance Operations affiliated to the General Department of Market Surveillance shall be accorded authority to sanction the administrative violations specified in Article 7; Clause 4 and Clause 5 Article 9; Article 13; Clauses 5, 6, 7 and 8 Article 15; Clause 2 Article 16; Point c Clause 6 Article 18; Point dd Clause 7 Article 20; Clause 5 Article 21; Article 31; Clauses 1, 2 and 3 Article 34; Points a and b, Clause 1, Article 35; Article 36; Article 48 and Section 4 Chapter III herein;

c) General Director of the General Department of Market Surveillance shall be accorded authority to sanction the administrative violations specified in Article 7; Clause 4 and Clause 5 Article 9; Article 13; Clauses 5, 6, 7 and 8 Article 15; Clause 2 Article 16; Point c Clause 6 Article 18; Point dd Clause 7 Article 20; Clause 5 Article 21; Article 31, 33, 34; Points a and b, Clause 1, Article 35; Article 36; Article 48 and Section 4 Chapter III herein.

7. Culture, sports and tourism inspectors:

a) Inspectors or persons tasked with culture, sports and tourism inspection on duty shall be accorded authority to sanction the administrative violations prescribed in Clause 1, Point a Clause 2 Article 14; Clause 1 Article 15; Point a Clause 1 Article 27 and 29 herein;

b) Head of the ministerial-level specialized inspection team, Chief Inspector of Department of Culture, Sports and Tourism, Department of Culture and Sports shall be accorded authority to sanction the administrative violations specified in Clauses 1 and 2, Point c, Clause 4 and Point a, Clause 5, Article 6; Article 7; Clause 1, Clause 2 and Points c, d, e and g, Clause 4, Article 8; Clauses 1, 2, 3 and 4 Article 9; Article 10; Clauses 1, 2, 3 and 4 Article 11; Clauses 1, 2, 3 and 4 Article 12; Clause 1 Article 13; Article 14; Clauses 1, 2, 3, 4, 5, 6 and 7 Article 15; Clause 1 and Clause 2 Article 16; Clause 1 and Clause 2 Article 17; Clauses 1, 2 and 3 Article 18; Clauses 1, 2 and 3 Article 19; Clauses 1, 2, 3 and 4 Article 20; Clauses 1, 2, 3, 4 and Point b, Clause 5, Article 21; Article 22; Clauses 1, 2, 3, 4 and Point b, Clause 5, Article 23; Clause 1, Article 24; Articles 25, 26, 27, 28, 29 and 30; Clauses 1, 2, 3 and 4 Article 31; Article 32; Clauses 1, 2 and 3 Article 34; Articles 35, 36, 37, 38 and 39; Clauses 1, 2 and 3 Article 40; Article 41; Section 3 and Section 4 Chapter III in this Decree;

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d) Chief Inspector of the Ministry of Culture, Sports and Tourism shall be accorded authority to sanction the administrative violations prescribed in Chapter II and III herein.

8. Information and Communications inspectors:

a) Head of the specialized inspection team, Chief Inspector of the Department of Information and Communications and Director of the Regional Frequency Center shall be accorded authority to sanction the administrative violations prescribed in Point b Clause 2 Article 8; Clause 1, 2 and 3 Article 34; Article 35, 36, 37, 38 and 39; Clause 1, 2 and 3 Article 40; Article 41 and Section 4 Chapter III herein;

b) Head of the specialized inspection team of the Ministry of Information and Communications shall be accorded authority to sanction the administrative violations prescribed in Point b Clause 2 Article 8; Clause 1 Article 33; Clause 1, 2, 3 and 4 Article 34; Article 35, 36, 37, 38 and 39; Clause 1, 2 and 3 Article 40; Article 41 and Section 4 Chapter III herein;

c) Chief Inspector of the Ministry of Information and Communications, Director of the Radio Frequency Department, Director of Telecommunications Department, Director of Authority of Broadcasting and Electronic Information, Director of Authority of Press, Director of Department of Publishing, Printing and Issuing shall be accorded authority to sanction the administrative violations prescribed in Point b Clause 2 and Clause 5 Article 8; Section 1, Section 2 and Section 4 of Chapter III herein.

9. Healthcare inspectors:

a) Head of the specialized inspection team, Chief Inspector of the Department of Health and Director of Food Safety and Hygiene Sub-Department shall be accorded authority to sanction the administrative violations prescribed in Clause 1, 2 and 3 Article 34; Article 35, 36, 49, 50, 51, 52, 53, 54, 55 and 56 herein;

b) Head of the specialized inspection team of the Ministry of Health shall be accorded authority to sanction the administrative violations prescribed in Clause 1 Article 36; Clause 1, 2, 3 and 4 Article 34; Article 35, 36, 49, 50, 51, 52, 53, 54, 55 and 56 herein;

c) Chief Inspector of the Ministry of Health, Director of the Drug Administration, Director of the Department of Medical Examination and Treatment, Director of the Department of Health Environmental Management, Director of the Department of Preventive Medicine, Director of the Department of Food Safety and Hygiene shall be accorded authority to sanction the administrative violations prescribed in Section 1 Chapter III; Article 49, 50, 51, 52, 53, 54, 55 and 56 herein.

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a) Head of the specialized inspection team, Chief Inspector of the Department of Agriculture and Rural Development, Director of Sub-Department of Plant Protection, Veterinary Medicine, Animal Husbandry, Fisheries, Quality Management of Agricultural, Forestry and Fishery Products, Water Resources, Dikes and Forestry under the Department of Agriculture and Rural Development shall be accorded authority to sanction the administrative violations prescribed in Clause 1, 2 and 3 Article 34; Article 35; Article 36; acts of advertising on billboards or banners in compliance with regulations on dyke areas in point c of clause 3 of Article 42; Article 49, 57, 58, 59, 60, 61 and 62 herein;

b) Head of the specialized inspection team of the Ministry of Agriculture and Rural Development shall be accorded authority to sanction the administrative violations prescribed in Clause 1 Article 33; Clause 1, 2 and 3 Article 34; Article 35; Article 36; the acts of advertising on billboards or banners not complying with regulations on dyke areas in Point c Clause 3 Article 42; Article 49, 57, 58, 59, 60, 61 and 62 herein;

c) Chief Inspector of the Ministry of Agriculture and Rural Development, Director General of Directorate of Water Resources, Director General of Vietnam Disaster Management Authority, Director of General Department of Forestry, Director of General Department of Fisheries, Director of Department of Animal Health, Director of Department of Plant Protection, Director of Crop Production Department, Director of Livestock Production Department, Director of Department of Agro-Forestry and Fishery Quality Control shall be accorded authority to sanction the administrative violations prescribed in Section 1 Chapter III; the acts of advertising on billboards or banners in compliance with regulations on dyke areas prescribed in Point c Clause 3 Article 42; Article 49, 57, 58, 59, 60, 61 and 62 herein.

11. Construction inspectors:

Chief Inspector of the Ministry of Construction shall be accorded authority to sanction the administrative violations specified in Point b and Point c, Clause 5, Article 17 herein.

12. Traffic and transportation inspectors:

a) Head of the specialized inspection team, Chief Inspector of the Department of Transport, Chief Inspector of the Vietnam Maritime Administration, Chief Inspector of Vietnam Aviation Department shall be accorded authority to sanction the act of hanging, placing, pasting, drawing advertising products on utility poles in Clause 1, the act of showing advertisements that affect traffic order and safety at Point b, Clause 2, Article 34; the act of advertising on billboards and banners that does not comply with the regulations on ​​traffic safety corridor areas; the act of obscuring traffic lights; the act of blocking traffic roads as specified at Point c, Clause 3, Article 42; Article 43; Clause 2 Article 44; Clause 2, Article 46 and Point b, Clause 3, Article 48 of this Decree;

b) Head of the specialized inspection team of the Ministry of Transport shall be accorded authority to sanction the act of hanging, placing, pasting or drawing advertising products on utility poles in Clause 1, the act of showing advertisements that affect traffic order and safety at Point b, Clause 2, Article 34; the act of advertising on billboards and banners that does not comply with the regulations on ​​traffic safety corridor areas; the act of obscuring traffic lights; the act of blocking traffic roads as specified at Point c, Clause 3, Article 42; Article 43; Clause 2 Article 44; Clause 2, Article 46 and Point b, Clause 3, Article 48 herein;

c) Chief Inspector of the Ministry of Transport, Director of the Directorate for Roads of Vietnam, Director of the Vietnam Railway Administration, Director of the Vietnam Inland Waterway Administration, Director of the Vietnam Maritime Administration, Director of the Civil Aviation Authority of Vietnam shall be accorded authority to sanction the act of hanging, placing, pasting, drawing advertising products on utility poles in Clause 1, the act of advertising that affects traffic order and safety at Point b, Clause 2, Article 34; the act of advertising on billboards and banners that does not comply with the regulations on ​​traffic safety corridor areas; the act of obscuring traffic lights; the act of blocking traffic roads specified at Point c, Clause 3, Article 42; Article 43; Clause 2 Article 44; Clause 2, Article 46 and Point b, Clause 3, Article 48 herein.

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Head of the specialized inspection team, Chief Inspector of the Department of Labor, War Invalids and Social Affairs; Head of the specialized inspection team of the Ministry of Labor, War Invalids and Social Affairs; Chief Inspector of the Ministry of Labor, War Invalids and Social Affairs shall be accorded authority to sanction the administrative violations prescribed in Article 32 herein.

14. Natural Resource and Environment inspectors:

Chief Inspector of the Ministry of Natural Resources and Environment, Director of the General Department of Land Administration shall be accorded authority to sanction the administrative violations specified in Point b Clause 7 Article 20 herein.

Chapter V

IMPLEMENTATION PROVISIONS

Article 72. Entry into force

1. This Decree shall enter into force as from June 1, 2021.

2. As from the effective date of this Decree, the following documents and regulations shall be repealed:

a) Government’s Decree No. 56/2006/ND-CP dated June 6, 2006 on sanctioning of administrative violations arising from cultural activities;

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c) Article 2 of the Government’s Decree No. 28/2017/ND-CP dated March 20, 2017, amending and supplementing several articles of the Government’s Decree No. 131/2013/ND-CP dated October 16, 2013 on sanctioning of administrative violations related to copyrights and relevant rights, and the Government’s Decree No. 158/2013/ND-CP dated November 12, 2013, regulating sanctioning of administrative violations arising from cultural, sporting, tourism and advertising activities;

d) Clause 1 and 3 of Article 23 in the Government’s Decree No. 115/2018/ND-CP dated September 4, 2018, regulating sanctioning of administrative violations related to food safety.

Article 73. Grandfather clause

1. If any administrative violation arising from cultural and advertising activities occurs before the effective date of this Decree and then is discovered, or if the decision to sanction such violation is considered under this Decree that does not prescribe legal liability or imposes lighter legal liability for such violation, regulations of this Decree shall apply.

2. For decisions on sanctioning administrative violations that have been issued or have been completely executed before the effective date of this Decree, if individuals or organizations have been sanctioned for administrative violations lodge complaints, the provisions of Government’s Decree No. 158/2013/ND-CP dated November 12, 2013 on penalties for administrative violations in the culture, sports, tourism and advertising sectors; Government’s Decree No. 28/2017/ND-CP dated March 20, 2017, amending and supplementing a number of articles of the Government's Decree No. 131/2013/ND-CP dated October 16, 2013, regulating sanctioning of administrative violations related to copyright and related rights, and Government’s Decree No. 158/2013/ND-CP dated November 12, 2013, providing for sanctioning of administrative violations in the culture, sports, tourism and advertisement sectors, shall apply.

Article 74. Responsibilities for provision of instructions for implementation

1. The Ministry of Culture, Sports and Tourism shall take charge of cooperating with relevant ministries and sectoral administrations in providing instructions for implementation of this Decree.

2. Ministers, Heads of Ministry-level agencies, Heads of Governmental bodies, and Chairpersons of People’s Committees of centrally-affiliated cities and provinces, shall be responsible for implementing this Decree./.

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PP. GOVERNMENT
PRIME MINISTER




Nguyen Xuan Phuc