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THE GOVERNMENT
OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 87/2026/ND-CP
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Hanoi, March 27, 2026
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DECREE
PRESCRIBING PENALTIES FOR
ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON CULTURE AND ADVERTISING
Pursuant to Law on
Government Organization No. 63/2025/QH15;
Pursuant to Law on
Penalties for Administrative Violations No. 15/2012/QH13, as amended and
supplemented by Law No. 67/2020/QH14 and Law No. 88/2025/QH15;
Pursuant to Law on
Advertising No. 16/2012/QH13, as amended and supplemented by Law No.
75/2025/QH15;
Pursuant to Law on
Libraries No. 46/2019/QH14;
Pursuant to Law on
Cinematography No. 05/2022/QH15;
Pursuant to Law on
Cultural Heritage No. 45/2024/QH15;
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The Government
promulgates the Decree prescribing penalties for administrative violations
against regulations on culture and advertising.
Chapter
I
GENERAL
PROVISIONS
Article
1. Scope
1. This Decree provides
for acts, penalties, fines, remedial measures, powers to record administrative
violations, and powers to impose penalties upon administrative violations;
enforcement of administrative penalties and remedial measures in the fields of
culture and advertising.
2. For administrative
violations in the fields of culture and advertising that are not prescribed in
this Decree, regulations on handling of administrative violations in relevant
state management fields shall apply.
Article
2. Regulated entities
1. This Decree applies to
Vietnamese organizations and individuals, household businesses, households, and
residential communities; and foreign organizations and individuals that commit
administrative violations prescribed in this Decree.
2. Organizations that are
subject to administrative penalties as prescribed in this Decree include:
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b) Economic organizations
established in accordance with the law on enterprises;
c) Representative offices
of foreign enterprises operating in culture and advertising; branches of
enterprises operating in culture and advertising as prescribed in Clause 4,
Article 3 of the Government’s Decree No. 118/2021/ND-CP dated December 23, 2021
elaborating a certain of Articles and measures to implement the Law on Handling
of Administrative Violations;
d) Travel agents that are
organizations;
dd) Economic organizations
established in accordance with the law on cooperatives;
e) Public service
providers, non-public service providers;
g) Socio-professional
organizations operating in culture and advertising;
h) International
organizations and foreign organizations in Vietnam;
i) Foreign cultural
establishments in Vietnam, branches of foreign cultural establishments in
Vietnam;
k) Other organizations
that commit acts against culture and advertising regulations.
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Article
3. Penalties
1. Principal forms of
penalties:
a) Warning;
b) Fines;
c) Temporary suspension.
2. Supplementary penalties:
a) Confiscation of
exhibits and means used for administrative violations;
b) Temporary suspension
for a period from 01 month to 24 months;
c) Suspension of the right
to use for a fixed period of 01 - 24 months of: Licenses to provide filming
services with the use of backgrounds in Vietnam; Licenses to organize film
festivals, specialized or thematic film festivals, film awards, film
competitions, film programs, and film weeks; licenses for eligibility to
provide karaoke services or discotheque services; decisions on star rating
recognition for accommodation establishments; certificates of eligibility for
authenticity and appraisal for antiques; certificates of eligibility for
trading in relics or antiquities; practicing certificates for trading in relics
or antiquities; museum operation licenses; practicing certificates for
formulating planning, projects, technical-economic reports, designs,
construction, and construction supervision consultancy for the preservation,
renovation, and restoration of monuments; certificates of eligibility for
preservation, renovation, and restoration of monuments; licenses to make copies
of relics, antiquities, national treasures, or documentary heritage; receipts
of product announcement registration; certificates of advertisement content
confirmation; certificates of eligibility for pharmaceutical business; medical
examination and treatment operation licenses; or medical examination and
treatment practicing certificates.
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1. The statute of
limitations for imposition of penalties in the fields of culture and advertising
is 01 year.
2. The time to calculate
the statute of limitations for administrative penalties in the fields of
culture and advertising is prescribed as follows:
a) The statute of
limitations for an ongoing administrative violation prescribed in point a
Clause 3 of this Article begins when such violation is detected by a competent
law enforcement officer;
b) The statute of
limitations for a completed administrative violation prescribed in point b
Clause 3 of this Article begins at the time of completion;
c) The statute of
limitations for an administrative violation transferred from the officer
competent to record that administrative violation by the time of issuance of
the penalty imposition decision shall be
determined in accordance Clause 1 of this Article and points a, b of this
Clause.
3. Determination of
whether an administrative violation has been completed or is ongoing the fields
of culture and advertising is prescribed as follows:
a) An ongoing
administrative violation is an act of a prolonged nature that is occurring at
the time of detection and handling; such act is still directly infringing upon
the state management order;
b) A completed
administrative violation is an act performed once or multiple times where there
are grounds or information proving that the act was completed before the time
of detection and handling.
4. Within the time limit
prescribed in Clause 1 of this Article, if organizations and individuals
intentionally evade or obstruct the penalty enforcement, the statute of limitations
shall be determined from the time on which the evasion or obstruction of
penalty enforcement is ended.
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In addition to the
remedial measures prescribed in points a, b, dd, e, and i Clause 1 Article 28
of the Law on Handling of Administrative Violations No. 15/2012/QH13, as
amended and supplemented by Law No. 67/2020/QH14 and Law No. 88/2025/QH15
(hereinafter referred to as the Law on Handling of Administrative Violations),
this Decree provides for remedial measures applicable to violations prescribed
in Chapter II and Chapter III, including:
1. Compulsory removal,
demolition or deletion of advertisements or recall of print printed newspapers
or magazines containing advertisements; or compulsory removal of signboards or
specialized advertising screens; or compulsory removal of law-breaking
information.
2. Compulsory offering apologies to organizations and
individuals in writing.
3. Compulsory removal of
audio recordings, video recordings, and cultural products having detrimental
effects in electronic form, on the internet and digital environment.
4. Compulsory revocation
of titles and prizes granted to individuals who won prizes in
competitions/festivals for performing arts, beauty pageants or models contests.
5. Compulsory relocation
of violation exhibits from venues of art exhibitions or sculpture creation
camps.
6. Compulsory removal of
violating content in films and film-related items; exhibitions; art
exhibitions; photography exhibitions; sculpture creation camps; or advertisements.
7. Compulsory deletion or
removal of films.
8. Requesting competent
authorities to consider handling licenses granted on the basis of forged
applications.
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10. Compulsory return
of licenses or certificates of monument ranking to the issuing authorities.
11. Compulsory submission
of a written commitment not to violate the provisions in Article 9 of the Law
on Cinematography No. 05/2022/QH15 to the competent authorities.
12. Compulsory revision
and update of film ratings at the request of the cinematography authorities.
13. Compulsory cessation
of sound usage or conversion of lighting on advertising screens to ensure
traffic safety.
14. Compulsory
notification regarding the new owner in writing to the provincial-level
cultural authorities where the documentary heritage is registered.
15. Compulsory return of
exchanged or misappropriated information resources.
Article
6. Fines and powers to impose fines on individuals and organizations
1. The maximum fine for an
administrative violation in the field of culture is 50.000.000 VND for
individuals and 100.000.000 VND for organizations. The maximum fine for an
administrative violation in the field of advertising is 100.000.000 VND for
individuals and 200.000.000 VND for organizations.
2. The fines prescribed in
Chapter II and Chapter III of this Decree are imposed on individuals, while
those specified in Clauses 2, 5, 6, and 7 of Article 15; Clauses 4, 5, 6,
and 7 of Article 16; Clauses 1, 2, 3, 4 and Point b of Clause 5, Article 33;
Clauses 1, 2, 3, 4 and Point b of Clause 5, Article 34; Clauses 1, 2, 3, 4 and
Point a of Clause 5, Article 35; and Articles 57, 58, and 59 of this Decree are
imposed on organizations.
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4. The power to impose
fines of different titles prescribed in Chapter IV of this Decree shall be
power to impose fines for administrative violations committed by individuals;
the power to impose fines on organizations shall be 2 times as much as that on
individuals.
Article
7. Enforcement of penalties and remedial measures
1. The enforcement of
penalties and remedial measures prescribed in this Decree shall comply with the
Law on Handling of Administrative Violations and its guiding documents.
2. In the case where the
adopted remedial measure is return of altered license, documents which have
their content changed:
a) The person competent to
issue decision to impose administrative penalties and the violating
organization or individual shall be responsible for adopting the remedial
measure of return of altered license, documents which have their content
changed in accordance with Clauses 1, 2, 3, and 4 Article 85 of the Law on
Handling of Administrative Violations;
b) The violating
organization or individual shall return such altered license, documents in
person or by post to the issuing authority, and shall send the receipt or
document proving the license/document return to the person competent to issue
decision to adopt remedial measures in this Clause;
c) The person competent to
issue the decision to adopt remedial measures in this Clause shall notify the
competent authority/person that issued such licenses or documents in writing.
3. In the case where the
adopted remedial measure is offering apologies to organizations and individuals
in writing:
a) The person competent to
issue decision to impose administrative penalties and the violating
organization or individual shall responsible for adopting the remedial measure
of offering apologies to organizations and individuals in writing in accordance
with Clauses 1, 2, 3, and 4 Article 85 of the Law on Handling of Administrative
Violations;
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4. In case of adopting the
remedial measure of compulsory return illegal profits obtained from committing
administrative violations:
a) Illegal profits mean
profits calculated in money generated by organizations or individuals from
committing administrative violations in the fields of culture and advertising
after the violations occurred and must be remitted into the state budget. In
the case where a violation is jointly committed by multiple organizations or
individuals, the collected illegal profits shall be divided equally among the
co-violators;
b) Profits illegally
generated by the administrative violations according to this Decree mean
instrument, money, objects, or other assets gained from the administrative
violations committed by the violators and are determined as follows:
Illegal monetary profit
means the money generated by the violators from the administrative violations
and equals the money generated from illegal transfer or consumption of
commodities, provision of services after
deducting direct costs of commodities and services based on dossiers and
documents proving legitimacy of those costs provided by the violators; illegal
monetary profit generated from consumption of prohibited commodities,
counterfeits, illegally imported commodities, or conditionally provided
services means all money generated from transfer or consumption of commodities
or provision of services.
Illegal instrument profit
means all valuable instruments that the violators gain from the administrative
violations. If valuable instruments have been transferred, the illegal profit
shall equal the money gained at the time of transfer; if valuable instruments
have been dispersed or disposed, the illegal profit shall equal book value of
institutions that issue the valuable instruments at the time of dispersal or
disposal.
Illegal profits that are
objects or other assets gained by the violators from the administrative
violations mean other assets according to the Civil Code.
In case objects or other
assets are not prohibited commodities, counterfeits, or illegally imported
commodities and have been transferred, sold, or disposed, the illegal profits
shall equal the monetary equivalence of market value of the same assets or book
value of the assets (if market value is not available) or monetary value of the
assets written on the export declarations, import declarations (in case of
exports, imports) of the violators after deducting direct costs of commodities
based on documents proving legitimacy of the costs.
In case other objects or
assets are prohibited commodities, counterfeits, or illegally imported
commodities and have been transferred or sold, the illegal profits shall equal
total money received by the violators when they make the transfer.
Article
8. Handling of administrative violations in the electronic environment
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Article
9. Principles for of imposing penalties for multiple administrative violations
in the fields of culture and advertising
Any organization or
individual that commits multiple administrative violations shall face a penalty
for each violation, unless an violation in Point a Clause 1 Article 15;
Point b Clause 3 Article 20; Point b Clause 5, Points c and dd Clause 6 Article
21; Point b Clause 1, Clause 2 Article 43; Clause 2 and Clause 3 of Article 47;
Point b Clause 1, Point b Clause 2 Article 60; Clause 3 Article 62; Clause 1
Article 63; and Clause 3 Article 67 of this Decree is committed at different
times but has yet to be handled, a penalty shall be imposed for that violation
while the repeat of that violation shall be taken into account as an
aggravating circumstance provided that the prescriptive period for penalty
imposition has not yet expired.
Article
10. Procedures for imposing penalties for administrative violations
concurrently regulated under the Criminal Code
When considering a
violation case to decide on an administrative penalty, if it is deemed that the
violation specified in Points a, dd, and e of Clause 1 of Article 11; the act
of art performance, competition, or festival containing content that infringes
upon the legitimate rights and interests of organizations or individuals
specified in Point b Clause 6 and Clause 8 Article 17; the act of organizing
beauty or model pageants containing content that infringes upon the legitimate
rights and interests of organizations or individuals specified in Clause 6
Article 18; the act of selling or disseminating paintings, photos, or other
cultural products with pornographic or depraved content specified in Point b
Clause 2 Article 22; the acts specified in Clause 3 and Clause 4 Article 22;
the act of exhibiting fine art works or other art products containing content
that incites violence or a depraved lifestyle specified in Point c, or the act
of constructing fine art works containing content that incites violence or a
depraved lifestyle specified in Point d Clause 5 Article 23; the act specified
in Point a Clause 6 Article 24; Points b, h, and i Clause 2 Article 26; Article
38; Clauses 4, 5, and 6 Article 47; Point b Clause 5 Article 50, and other acts
specified in this Decree shows signs of a crime, the competent person handling
the case must transfer it to the competent criminal procedure agency for
criminal prosecution in accordance with the regulations in Clauses 1, 2, and 4
Article 62 of the Law on Handling of Administrative Violations.
Where the competent
criminal procedure agency issues a decision not to initiate a criminal case, a
decision to cancel a decision to initiate a criminal case; a decision to
suspend the investigation of a criminal case; a decision to suspend the
investigation against the accused; a decision to suspend the criminal case
investigation against the accused; a decision to suspend the case; or a
decision to cancel a decision to initiate criminal charges against the accused,
the competent person of the agency currently handling the case must impose an
administrative penalty according to their competence. Where the agency does not
have the power to impose a penalty, within 05 working days from the effective
date of the decision as prescribed in Clause 3 Article 62 and Article 63 of the
Law on Handling of Administrative Violations, the decision, certified true
copies of documents, exhibits, and means of violation related to the
administrative violation in the case (except for cases where the exhibits and
means are material evidence) must be transferred with a written request to
impose administrative penalties to the competent person to impose
administrative penalties in accordance with this Decree.
Chapter
II
ADMINISTRATIVE
VIOLATIONS, PENALTIES, FINES AND REMEDIAL MEASURES IN CULTURE
Section
1. ADMINISTRATIVE VIOLATIONS IN CINEMATOGRAPHY
Article
11. Violations against regulations on cinematography activities
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a) Distort the national
history, deny revolutionary achievements; insult the nation, notables, and
national heroes; inappropriately express or infringe the national sovereignty;
slander and insult the reputation of agencies, organizations, and the honor and
dignity of individuals;
b) Disclose personal
secrets and other secrets as prescribed by law, except for cases of
administrative penalties in accordance with the law on cybersecurity;
c) Incite violence,
criminal acts via by detailing measures, images, sounds, dialogues, scenes of
beating, torture, murder in a brutal manner, and acts of insulting human
dignity, unless such contents are used to criticize, denounce, or condemn
crimes and uphold justice, honor traditional and cultural values;
d) Damage the interests of
Vietnam, its people, and cultural values; disseminate social crimes;
sabotage social culture and ethics;
dd) Show details of lewd,
depraved, incestuous images, sounds, and dialogues;
e) Incite opposition to or
sabotage the implementation of the Constitution and laws.
2. Supplementary penalties:
a) Suspending all movie
production activities in Vietnam; film distribution; film release;
cinematography advertising and promotion for 1 to 3 months in regard to
violations in points b, c, d, dd and e Clause 1 of this Article in case of
recidivism;
b) Suspending all movie
production activities in Vietnam; film distribution; film release;
cinematography advertising and promotion for 1 to 3 months in regard to
violations in point a Clause 1 of this Article; in case of recidivism, the
suspension shall be from 03 months to 06 months.
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a) Rectification of
untruthful information for acts prescribed in point a Clause 1 of this Article;
b) Written apology to
individuals for acts prescribed in point b Clause 1 of this Article;
c) Destruction of films,
or deletion of films, or removal of films from cyberspace, or removal of
violating contents in films and film-related items containing contents
prescribed in c, d, dd and e Clause 1 of this Article;
d) Return of illegal
profits obtained from committing the acts prescribed in Clause 1 of this
Article.
Article
12. Violations against regulations on prohibited acts in cinematographic
activities
1. A fine of from 10.000.000 dong to 20.000.000 dong shall be
imposed for the act of failure to notify the competent authority of film
dissemination in public screening venues.
2. A fine ranging from 40.000.000 VND to 50.000.000 VND shall
be imposed for:
a) Disseminating films in cinemas, on television, and public
screening venues without Film Rating License or Broadcast Decision;
b) Disseminating films on
the internet without classifying such films or displaying the results of film
ratings as prescribed;
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d) Distributing or
disseminating films subject to revocation of Film Rating Licenses or Broadcast
Decisions.
3. Remedial measures:
a) Removal of films from
television systems for distributing or disseminating films on television
systems without a film rating license or a broadcast decision as prescribed in
point a Clause 2 of this Article;
b) Destruction or deletion
of films containing contents prescribed in points a, b, and i Clause 1 Article
9 of the Law on Cinematography No. 05/2022/QH15 for distributing or
disseminating films in cinemas or public screening venues without a film rating
license or a broadcast decision as prescribed in point a Clause 2 of this
Article;
c) Removal of films from
cyberspace for acts prescribed in point b Clause 2 of this Article;
d) Restoration to the
original state for acts prescribed in point c Clause 2 of this Article;
dd) Return of illegal
profits obtained from committing the acts prescribed in Clause 2 of this
Article.
Article
13. Violations on film production
1. A fine of from 10.000.000 dong to 20.000.000 dong shall be
imposed for falsifying information in the application for a license to provide
filming services using backgrounds in Vietnam.
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a) Altering or erasing to
change the content of the license to provide filming services using backgrounds
in Vietnam;
b) Failing to send a
written commitment not to violate the provisions of Article 9 of the Law on
Cinematography No. 05/2022/QH15 to the competent authority in cases of
cooperation in film production with foreign organizations or individuals, or
receiving sponsorships from foreign organizations or individuals to produce
films.
3. A fine ranging from 30.000.000 VND to 40.000.000 VND shall
be imposed if:
a) A foreign organization
or individual fails to use services provided by Vietnamese cinematographic
facilities during film production in Vietnam;
b) A foreign organization
or individual fails to have a written agreement or service provision contract
with a Vietnamese cinematographic facility;
c) It fails to comply with
contents of the license to provide filming services using backgrounds in
Vietnam.
4. A fine ranging from 40.000.000 VND to 50.000.000 VND shall
be imposed for:
a) Failing to possess a
license to provide filming services using backgrounds in Vietnam in cases where
filming services using backgrounds in Vietnam are utilized;
b) Permitting other
organizations or individuals to use the license to provide filming services
using backgrounds in Vietnam;
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5. Supplementary penalties:
a) Confiscation of films
or footage filmed in Vietnam for acts prescribed in points b and c Clause 3,
and point a Clause 4 of this Article;
b) Suspension of the right
to use the license to provide filming services using backgrounds in Vietnam for
a period of 01 month to 03 months for acts prescribed in point b Clause 4 of
this Article.
6. Remedial measures:
a) Requesting the
competent authority to handle the license granted on the basis of a falsified
application for the act prescribed in Clause 1 of this Article;
b) Return of the issued
license to provide filming services using backgrounds in Vietnam for the act
prescribed in point a Clause 2 of this Article;
c) Submission of written
commitment not to violate the provisions of Article 9 of the Law on
Cinematography No. 05/2022/QH15 to the competent authority for the act
prescribed in point b Clause 2 of this Article;
d) Return of illegal
profits obtained from committing the acts prescribed in point b Clause 4 of
this Article (if any);
dd) Payment of an amount
equal to the value of the films or footage filmed in Vietnam for acts
prescribed in points b and c Clause 3, and point a Clause 4 of this Article in
cases where the violating exhibits have been consumed, dispersed, or destroyed
in violation of the law.
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1. A fine of from 10.000.000 dong to 20.000.000 dong shall be
imposed for the act of managing or using imported films for purposes other than
research, education, storage, and internal circulation.
2. A fine of from 20.000.000 dong to 30.000.000 dong shall be
imposed for the act of failing to provide a written commitment that the film
content does not violate the provisions of Article 9 of the Law on
Cinematography No. 05/2022/QH15 to the competent authority in the case of film
importation.
3. Supplementary penalties:
Confiscation of films for
the act prescribed in Clause 1 of this Article.
4. Remedial measures:
a) Payment of an amount
equal to the value of administrative violation exhibits for the act prescribed in
Clause 1 of this Article if such exhibits have been consumed, dispersed, or
destroyed in violation of the law;
b) Return of illegal
profits obtained from committing the acts prescribed in Clause 1 of this
Article;
c) Submission of written
commitment not to violate the provisions of Article 9 of the Law on
Cinematography No. 05/2022/QH15 to the competent authority for the act
prescribed in Clause 2 of this Article;
Article
15. Violations on film dissemination
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a) Disseminating films
outside the period allowed for dissemination as prescribed at cinemas or public
screening venues, excluding public passenger transport vehicles;
b) Failing to
disclose on mass media regarding the termination of film dissemination
according to the decision of the competent authority.
2. Fines imposed on violations against the obligations of
cinematographic facilities that disseminate films are as follows:
a) A fine ranging
from 5.000.000 dong to 10.000.000 dong shall be imposed on failing to
provide ticket price exemption or discount for the elderly, the disabled,
revolutionary contributors, children, people in especially difficult
circumstances, and other subjects as prescribed by law;
b) A fine ranging from 40.000.000
dong to 60.000.000 dong shall be imposed on failing to ensure conditions for
film dissemination for each form of film dissemination as prescribed;
c) A fine ranging
from 60.000.000 dong to 80.000.000 dong shall be imposed on failing to
display film ratings and warnings as prescribed;
d) A fine ranging
from 80.000.000 dong to 100.000.000 dong shall be imposed on failing to
terminate the dissemination of films at the written request of a competent
authority.
3. Fines imposed on violations against film rating licenses are
as follows:
a) A fine ranging from
10.000.000 dong to 20.000.000 dong shall be imposed on falsifying information
in the application for a film rating license;
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c) A fine ranging from
30.000.000 dong to 40.000.000 dong shall be imposed on failing to notify the
competent authority in writing upon any changes of film title without changing
its content;
d) A fine ranging from
40.000.000 dong to 50.000.000 dong shall be imposed on failing to request the
re-issuance of a film rating license in case of changing contents.
4. A fine of from 10.000.000 dong to 15.000.000 dong shall be
imposed on violations against regulations on film dissemination in public
screening venues:
a) Failing to provide a
list of screened films to the competent authority in the province/commune where
the cinematographic facility that disseminates films is located.
b) Failing to send a
notify the competent authority in writing of the film content and screening
program as prescribed;
c) Failing to change the
time or scale of film screening in public screening venues upon request of the
competent authority;
d) Disseminating films
after receiving a written refusal of film content and screening program from
the competent authority.
5. Fines imposed on acts against regulations on film
dissemination in cinemas of cinematographic facilities are as follows:
a) A fine ranging from 20.000.000
dong to 40.000.000 dong shall be imposed on failing to implement data
connection or the operational reporting regime upon request of the competent
authority;
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c) A fine ranging from
60.000.000 dong to 80.000.000 dong shall be imposed on failing to ensure
viewers are of the right age according to film ratings;
d) A fine ranging from
80.000.000 dong to 100.000.000 dong shall be imposed on failing to ensure
compliance with technical standards for cinemas as prescribed.
6. Fines imposed on acts against regulations on film
dissemination on television are as follows:
a) A fine ranging from
40.000.000 dong to 60.000.000 dong shall be imposed on failing to ensure the
broadcast time ratio of Vietnamese films to foreign films, broadcast time
frames of Vietnamese films, and duration and broadcast time frames of
children’s films on domestic television channels as prescribed ;
b) A fine ranging from
60.000.000 dong to 80.000.000 dong shall be imposed on failing to establish
Councils for appraisal and classification of films in press authorities.
7. Fines shall be imposed on any of the following acts of
violation against regulations on film dissemination in cyberspace:
a) A fine ranging from
20.000.000 dong to 40.000.000 dong shall be imposed on failing to notify the
list of films to be disseminated and the film classification results to the
Ministry of Culture, Sports and Tourism before carrying out the film
dissemination as prescribed;
b) A fine ranging from
40.000.000 dong to 60.000.000 dong shall be imposed on failing to provide a
focal point and contact information to receive and process requests from state
management authorities; feedback, complaints, and denunciations from service
users as prescribed;
c) A fine ranging from
60.000.000 dong to 80.000.000 dong shall be imposed on failing to deploy
technical solutions and cooperate with competent authorities to remove and
block violating films as prescribed;
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dd) A fine ranging from
80.000.000 dong to 100.000.000 dong shall be imposed on failing to implement
necessary technical measures and instructions for parents or guardians of
children to self-control, manage, and ensure that children watch films
disseminated in cyberspace appropriate to their age groups; or failing to
enable service users to report violating films as prescribed;
e) A fine ranging from
80.000.000 dong to 100.000.000 dong shall be imposed on failing to remove films
that violate the provisions of Article 9 of the Law on Cinematography No.
05/2022/QH15 and other relevant regulations upon receiving a written request
from competent authorities;
g) A fine ranging from
80.000.000 dong to 100.000.000 dong shall be imposed on failing to prevent the
access to violating films upon the request of competent authorities as
prescribed.
8. Remedial measures:
a) Disclosure on mass
media regarding the suspension of film dissemination for the act prescribed in
Point b, Clause 1 of this Article
b) Requesting competent
authorities to consider handling licenses granted on the basis of forged
applications for the act prescribed in Point a, Clause 3 of this Article;
c) Return of the issued
film rating license to competent authorities for the act prescribed in Point b,
Clause 3 of this Article;
d) Return of illegal
profits obtained from committing the acts prescribed in Point a, Clause 1 and
Point d, Clause 4 of this Article;
dd) Removal of films from
cyberspace for the acts prescribed in Points a, b, c, d, e, and g, Clause 7 of
this Article;
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Article
16. Violations against regulations on deposit and archive of films, film
festivals, film awards, film competitions, film programs, and film weeks
1. A fine ranging from 5.000.000 dong to 10.000.000 dong shall
be imposed on any of the following acts:
a) Failing to submit the
deposit of the film that has been granted a film rating license as prescribed;
b) Failing to use the key
delivery messages (KDMs) to unlock the film for comparison and inspection upon
request of the authority that issued the film rating license as prescribed;
c) Failing to ensure the
safety of the film print, script, and documents enclosed accompanied with the
film in accordance with the technical standards as prescribed;
d) Failing to provide
copies or printed excerpts of materials to the film owner and competent
authorities as prescribed.
2. A fine ranging from 10.000.000 dong to 20.000.000 dong shall
be imposed on the act of falsifying information in the application for issuance
of a license to organize film festivals, specialized or thematic film
festivals, film awards, film competitions, film programs, and film weeks.
3. A fine ranging from 20.000.000 dong to 30.000.000 dong shall
be imposed on the act of altering or erasing to change the contents of the
license to organize film festivals, specialized or thematic film festivals,
film awards, film competitions, film programs, and film weeks.
4. A fine ranging from 20.000.000 dong to 30.000.000 dong shall
be imposed on the act of failing to notify competent authorities of the plan or
results of the implementation of film festivals, specialized or thematic film
festivals, film awards, film competitions, film programs, and film weeks as
prescribed.
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6. A fine ranging from 60.000.000 dong to 80.000.000 dong shall
be imposed on the act of failing to properly comply with the contents of the
license to organize film festivals, specialized or thematic film festivals,
film awards, film competitions, film programs, and film weeks.
7. A fine ranging from 80.000.000 dong to 100.000.000 dong
shall be imposed on any of the following acts:
a) Failing to possess a
license to organize film festivals, specialized or thematic film festivals,
film awards, film competitions, film programs, and film weeks as prescribed;
b) Having films participating
in film festivals, specialized or thematic film festivals, film awards, film
competitions, film programs, and film weeks without a film rating license or a
broadcast decision as prescribed;
c) Permitting another
organization or individual to use the license to organize film festivals,
specialized or thematic film festivals, film awards, film competitions, film
programs, and film weeks;
d) Using the license to
organize film festivals, specialized or thematic film festivals, film awards,
film competitions, film programs, and film weeks of another organization;
8. Supplementary penalties:
Deprivation of the right
to use the license to organize film festivals, specialized or thematic film
festivals, film awards, film competitions, film programs, and film weeks for a
period from 01 month to 03 months for the act prescribed in Point c, Clause 7
of this Article;
9. Remedial measures:
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b) Return of the issued
license to organize film festivals, specialized or thematic film festivals,
film awards, film competitions, film programs, and film weeks to competent
authorities for the act prescribed in Clause 3 of this Article;
c) Destruction, deletion,
or removal of films containing contents prescribed in Points a, b, and i,
Clause 1, Article 9 of the Law on Cinematography No. 05/2022/QH15 for the act
prescribed in Point b, Clause 7 of this Article;
d) Return of illegal
profits obtained from committing the act prescribed in Point c, Clause 7 of
this Article in case illegal profits are generated.
Section
2. VIOLATIONS AGAINST REGULATIONS ON PERFORMING ARTS
Article
17. Violations against regulations on performing arts, competitions, and
festivals of various types of performing arts
1. A fine ranging from 5.000.000 dong to 10.000.000 dong shall
be imposed on any of the following acts:
a) Making untruthful
declarations in the application for approval for organizing performing arts, or
organizing competitions and festivals of various types of performing arts;
b) Organizing performing
arts, competitions, or festivals of various types of performing arts serving
political tasks; or serving the internal purposes of agencies and
organizations, which do not conform to the contents notified to competent
authorities as prescribed.
2. A fine ranging from 10.000.000 dong to 15.000.000 dong shall
be imposed on any of the following acts:
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b) Erasing or altering to
change the contents of the written approval for organizing performing arts, or
organizing competitions and festivals of various types of arts.
3. A fine ranging from 15.000.000 dong to 20.000.000 dong shall
be imposed on any of the following acts:
a) Failing to notify
competent authorities as prescribed of the organization of performing arts,
competitions, or festivals of various types of performing arts serving
political tasks, or serving the internal purposes of agencies and organizations;
b) Failing to notify competent
authorities as prescribed of the organization of performing arts for
presentation at tourism, amusement, entertainment service establishments, or
restaurants where tickets for the performing arts are not sold;
c) Organizing performing
arts, competitions, or festivals of various types of performing arts which do
not conform to the contents specified in the written approval.
4. A fine ranging from 20.000.000 dong to 25.000.000 dong shall
be imposed on any of the following acts:
a) Failing to revoke titles or awards of competitions or
festivals of various types of performing arts upon receiving a written request
for revocation from competent authorities;
b) Failing to disclose on
mass media the revocation of titles or awards of competitions or festivals of
various types of performing arts;
c) Using titles or awards
of competitions or festivals of various types of performing arts after they
have been revoked or after a decision to cancel the results of such
competitions or festivals of various types of performing arts has been issued.
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6. A fine ranging from 30.000.000 dong to 35.000.000 dong shall
be imposed on any of the following acts:
a) Performing arts while
committing acts that do not suit traditional culture, age, or gender as
prescribed by law;
b) Performing arts, or participating
in competitions or festivals whose contents incite violence; adversely affect
foreign relations; or using costumes, language, sounds, images, movements,
means of expression, or forms of performance that run counter to the fine
customs and traditions of the nation; negatively impact public morals,
community health, and social psychology; or infringe upon the legitimate rights
and interests of organizations and individuals;
c) Performing arts, or
participating in competitions or festivals whose contents distort history,
independence, sovereignty, and territorial integrity; deny revolutionary
achievements; insult beliefs or religions; or insult leaders, national heroes,
or eminent personalities.
7. A fine ranging from 35.000.000 dong to 40.000.000 dong shall
be imposed on any of the following acts:
a) Organizing performing
arts, competitions, or festivals of various types of performing arts without a
written approval;
b) Permitting another
organization or individual to use the written approval for organizing
performing arts, competitions, or festivals of various types of performing arts;
c) Using a written
approval for organizing performing arts, competitions, or festivals of various
types of performing arts that was issued to another organization or individual;
d) Recommitting any of the acts prescribed in Clause 6 of this
Article.
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9. A fine ranging from 45.000.000 dong to 50.000.000 dong shall
be imposed on any of the following acts:
a) Performing arts, or
participating in competitions or festivals whose contents distort history,
independence, sovereignty, and territorial integrity; deny revolutionary
achievements; insult beliefs or religions; or insult leaders, national heroes,
or eminent personalities;
b) Performing arts or
organizing performing arts during the period of suspension from performing arts
activities, except for the case prescribed in Point d, Clause 7 of this Article.
10. Supplementary penalties:
a) Suspension of performing
activities for a period from 01 month to 03 months for the act prescribed in
Point b, Clause 1 of this Article;
b) Suspension of
performing activities for a period from 03 month to 06 months for the act
prescribed in Point c, Clause 3 of this Article;
c) Suspension of
performing activities for a period from 06 month to 12 months for performers
committing the acts prescribed in Clause 6 of this Article;
d) Suspension of
performing activities for a period from 12 month to 18 months for performers
committing the acts prescribed in Point d Clause 7, point b Clause 9 of this
Article;
dd) Suspension of
performing activities for a period from 12 month to 24 months for performers
committing the acts prescribed in Clause 8 and for the organization of
performances in Point b, Clause 9 of this Article;
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a) Return of the written
approval that has been altered or erased to change its contents to the
competent authority that issued it for the act prescribed in Point b, Clause 2
of this Article;
b) Revocation of titles or
awards for the act prescribed in Point a, Clause 4 of this Article;
c) Disclosure on mass
media regarding the revocation of titles or awards for the act prescribed in
Point b, Clause 4 of this Article;
d) Written apology to
organizations or individuals for the act prescribed in Point c, Clause 4 of
this Article;
dd) Return of illegal
profits obtained from committing the acts prescribed in Point a, Clause 4,
Clauses 5, 6, 7, 8, and 9 of this Article.
Article
18. Violations against regulations on beauty and model pageants
1. A fine ranging from 5.000.000 dong to 10.000.000 dong shall
be imposed on any of the following acts:
a) Making untruthful
declarations in the application for issuance of a written approval for
organizing a beauty or model pageant;
b) Making untruthful
declarations in the application for issuance of a written confirmation for
participating in a beauty or model pageant overseas.
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a) Failing to properly
comply with the contents notified to competent authorities as prescribed
regarding a beauty or model pageant within the scope of internal management of
an agency or organization;
b) Failing to notify competent
authorities as prescribed of a beauty or model pageant within the scope of
internal management of an agency or organization;
3. A fine ranging from 15.000.000 dong to 20.000.000 dong shall
be imposed on any of the following acts:
a) Failing to revoke
titles awarded to winning individuals of beauty or model pageants upon
receiving a written request from competent authorities;
b) Failing to disclose on mass media the revocation of titles
or awards of beauty or model pageants as prescribed;
c) Using titles or awards
of beauty or model pageants after they have been revoked or after a decision to
cancel the results of the pageant or festival has been issued;
d) Using titles obtained
by individuals at beauty or model pageants abroad that have not been confirmed
by competent authorities.
4. A fine ranging from 20.000.000 dong to 25.000.000 dong shall
be imposed on any of the following acts:
a) Organizing beauty or
model pageants which do not conform to the contents specified in the written
approval;
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5. A fine ranging from 25.000.000 dong to 30.000.000 dong shall
be imposed on the act of organizing beauty or model pageants without a written
approval.
6. A fine ranging from 30.000.000 dong to 40.000.000 dong shall
be imposed on the act of organizing beauty or model pageants whose contents
incite violence; adversely affect foreign relations; or using costumes,
language, sounds, images, movements, means of expression, or forms of
performance that run counter to the fine customs and traditions of the nation;
negatively impact public morals, community health, and social psychology; or
infringe upon the legitimate rights and interests of organizations and
individuals.
7. A fine ranging from 40.000.000 dong to 50.000.000 dong shall
be imposed on the act of organizing beauty or model pageants whose contents
distort history, independence, sovereignty, and territorial integrity; deny
revolutionary achievements; insult beliefs or religions; or insult leaders,
national heroes, or eminent personalities.
8. Supplementary penalties:
a) Suspension of
organization of beauty or model pageants for a period from 03 month to 06
months for the act prescribed in Point b, Clause 4 of this Article;
b) Suspension of
organization of beauty or model pageants for a period from 06 month to 12
months for the act prescribed in Clause 6 and Clause 7 of this Article.
9. Remedial measures:
a) Revocation of titles or
awards for the act prescribed in Point a, Clause 3 of this Article;
b) Disclosure on mass
media regarding the revocation of titles or awards for the act prescribed in
Point b, Clause 3 of this Article;
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d) Return of illegal
profits obtained from committing the acts prescribed in Point c and Point d,
Clause 3, and Clauses 5, 6, and 7 of this Article;
Article
19. Violations against regulations on the circulation of audio and video
recordings containing performing arts content
1. A fine ranging from 10.000.000 dong to 20.000.000 dong shall
be imposed on any of the following acts:
a) Circulating audio or
video recordings without submitting them for legal deposit as prescribed;
b) Circulating audio or
video recordings that does not conform to the contents of the audio or video
recordings submitted for legal deposit.
2. A fine ranging from 20.000.000 dong to 30.000.000 dong shall
be imposed on any of the following acts:
a) Circulating audio or
video recordings for which a decision on suspension of circulation or enforced
destruction has been issued by competent authorities, except for the case
prescribed in Clause 4 of this Article;
b) Circulating audio or
video recordings whose contents infringe upon the legitimate rights and
interests of organizations and individuals.
3. A fine ranging from 30.000.000 dong to 40.000.000 dong shall
be imposed on the act of circulating audio or video recordings whose contents
incite violence; adversely affect foreign relations; or using costumes,
language, sounds, images, movements, means of expression, or forms of
performance that run counter to the fine customs and traditions of the nation;
or negatively impact public morals, community health, and social psychology.
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5. Remedial measures:
a) Destruction of
violating exhibits for the acts prescribed in Clauses 1, 2, 3, and 4 of this
Article in cases where the violating exhibits are cultural products having
detrimental effects;
b) Return of illegal
profits obtained from committing the acts prescribed in Clauses 1, 2, 3, and 4
of this Article;
c) Removal of audio or
video recordings and cultural products having detrimental effects in electronic
form in the cyber and digital environment for the acts prescribed in Clauses 1,
2, 3, and 4 of this Article.
Section
3. VIOLATIONS AGAINST REGULATIONS ON THE ORGANIZATION OF FESTIVALS; KARAOKE
VENUES AND NIGHTCLUBS; CULTURAL ACTIVITIES AND PUBLIC CULTURAL BUSINESS SERVICES
Article
20. Violations against regulations on the organization of festivals
1. A warning penalty shall be imposed on any of the following
acts:
a) Burning incense or
votive papers in wrong places as prescribed;
b) Using profanity,
swearing, or insulting spirituality, thereby affecting the solemn atmosphere of
the festival;
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2. A fine ranging from 500.000 dong to 1.000.000 dong shall be
imposed on any of the following acts:
a) Failing to submit a
written report on the results of the festival organization to competent
authorities as prescribed;
b) Soliciting or pestering
festival participants to use one's own services or commodities.
3. A fine ranging from 1.000.000 dong to 3.000.000 dong shall
be imposed on any of the following acts:
a) Failing to establish a
festival organizing committee as prescribed;
b) Selling tickets or
collecting fees for festival participation;
c) Lacking restrooms, or
having restrooms that fail to meet the prescribed standards within the festival
or relic site area;
d) Failing to propagate or
introduce the purpose, meaning, and values of the festival via the loudspeaker
system, boards, signs, or other forms of propaganda;
dd) Failing to notify the
hotline telephone number to receive feedback and information from festival
participants.
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a) Exploiting festival
organizing activities for personal gain;
b) Participating in
superstitious activities during the festival.
5. A fine ranging from 5.000.000 dong to 10.000.000 dong shall
be imposed on any of the following acts:
a) Reviving practices or
customs that adversely affect human health, personality, and Vietnamese
cultural traditions;
b) Forcing organizations
or individuals to contribute funds for the organization of the festival.
6. A fine ranging from 10.000.000 dong to 15.000.000 dong shall
be imposed on any of the following acts:
a) Organizing a festival
that is subject to mandatory notification to competent authorities as
prescribed without providing such notification;
b) Organizing a festival
that does not conform to the registered contents or the contents notified to
competent authorities.
7. A fine ranging from 15.000.000 dong to 20.000.000 dong shall
be imposed on any of the following acts:
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b) Organizing a
traditional festival that does not conform to its true nature or historical and
cultural significance;
c) Performing rituals of a
violent or offensive nature that run counter to the peace-loving and
humanitarian traditions of the Vietnamese nation.
8. A fine ranging from 20.000.000 dong to 30.000.000 dong shall
be imposed on any of the following acts:
a) Failing to temporarily
suspend the organization of the festival upon the request of competent
authorities;
b) Organizing
superstitious activities.
9. Remedial measures:
Return of illegal profits
obtained from committing the acts prescribed in Point b, Clause 3; Point a,
Clause 4; Point b, Clause 5; and Point b, Clause 8 of this Article.
Article
21. Violations against regulations on karaoke and dance hall business services
1. A warning penalty shall be imposed on the act of failing to
wear clothing or failing to wear a name tag provided by the employer.
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3. A fine ranging from 2.000.000 dong to 5.000.000 dong shall
be imposed on the act of failing to submit the license for eligibility to
conduct karaoke or dance hall business services upon the issuance of a
revocation decision by competent authorities.
4. A fine ranging from 5.000.000 dong to 10.000.000 dong shall
be imposed on the act of making untruthful declarations in the application for
issuance of a license for eligibility to conduct karaoke or dance hall business
services.
5. A fine ranging from 10.000.000 dong to 20.000.000 dong shall
be imposed on any of the following acts:
a) Providing dance hall
services to persons under 18 years of age;
b) Providing karaoke
business services during the timeframe prohibited for daily business operations
as prescribed;
c) Altering to change the
contents of the license for eligibility to conduct karaoke or dance hall
business services.
6. A fine ranging from 20.000.000 dong to 30.000.000 dong shall
be imposed on any of the following acts:
a) Placing door latches or
locks inside karaoke rooms or dance hall rooms;
b) Installing alarm
devices at locations conducting karaoke or dance hall business services, except
for automatic fire alarm systems and equipment;
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d) Failing to adjust the
license for eligibility to conduct karaoke or dance hall business services in
the event of changes to the number of rooms or ownership;
dd) Providing dance hall
business services during the timeframe prohibited for daily business operations
as prescribed;
7. A fine ranging from 30.000.000 dong to 40.000.000 dong shall
be imposed on any of the following acts:
a) Providing karaoke
business services without a license as prescribed;
b) Using the license for
eligibility to provide karaoke business services of another organization or
individual for business operations.
c) Allowing another
organization or individual to use the license for eligibility to provide
karaoke business services for business operations.
8. A fine ranging from 40.000.000 dong to 50.000.000 dong shall
be imposed on any of the following acts:
a) Providing dance hall
business services without a license as prescribed;
b) Using the license for
eligibility to provide dance hall business services of another organization or
individual for business operations.
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9. Supplementary penalties:
Deprivation of the right
to use the license for eligibility to provide karaoke or dance hall business
services for a period from 18 months to 24 months for the acts prescribed in
Point c, Clause 7 and Point c, Clause 8 of this Article.
10. Remedial measures:
a) Return of the written
approval that has been altered or erased to change its contents to the
competent authority that issued it for the act prescribed in Point c Clause 5
of this Article;
b) Return of illegal
profits obtained from committing the acts prescribed in Point b, Clause 5;
Points c, d, and dd, Clause 6; Clause 7; and Clause 8 of this Article.
Article
22. Violations against regulations on cultural activities and public cultural
business services
1. A fine ranging from 5.000.000 dong to 10.000.000 dong shall
be imposed on the act of organizing forms of entertainment during the timeframe
prohibited for daily operations as prescribed, except for the cases prescribed
in Point a, Clause 1, Article 15; Point b, Clause 5 and Point dd, Clause 6,
Article 21; and Clause 2, Article 47 of this Decree.
2. A fine ranging from 20.000.000 dong to 30.000.000 dong shall
be imposed on any of the following acts:
a) Employing methods of
service of a pornographic nature at establishments conducting dance hall
business services, karaoke business services, tourist accommodation
establishments, food and beverage establishments, or other places hosting
cultural activities and public cultural business services;
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3. A fine ranging from 30.000.000 dong to 40.000.000 dong shall
be imposed on the act of covering up or harboring activities of a pornographic,
violence-inciting, or obscene nature, or strip dancing at establishments
providing dance hall business services or karaoke business services, tourist
accommodation establishments, food and beverage establishments, or other places
hosting cultural activities and public cultural business services.
4. A fine ranging from 40.000.000 dong to 50.000.000 dong shall
be imposed on the act of organizing strip dancing for customers or organizing
other activities of an obscene nature at establishments providing dance hall
business services or karaoke business services, tourist accommodation
establishments, food and beverage establishments, or other places hosting
cultural activities and public cultural business services.
5. Supplementary penalties:
Deprivation of the right
to use the license for eligibility to provide karaoke or dance hall business
services or the star rating recognition decision of the star-rated tourist
accommodation establishments for a period from 18 months to 24 months for the
acts prescribed in Clause 3 and Clause 4 of this Article.
6. Remedial measures:
a) Destruction of cultural
products having detrimental effects for the act prescribed in Point b, Clause 2
of this Article;
b) Return of illegal
profits obtained from committing the acts prescribed in Clause 1 and Point b,
Clause 2 of this Article;
Section
4. VIOLATIONS AGAINST REGULATIONS ON FINE ARTS, PHOTOGRAPHY, AND EXHIBITIONS
Article
23. Violations against regulations on fine arts activities
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a) Failing to notify
competent authorities of the organization of a fine art work creation
competition as prescribed;
b) Organizing a fine art
work creation competition without a written approval from competent authorities
as prescribed;
c) Failing to submit a
report on the results of the fine art work creation competition to competent
state authorities as prescribed;
d) Making untruthful declarations
in the application for issuance of a license to replicate fine art works of
cultural celebrities, national heroes, or leaders, or in the application for
issuance of a fine art exhibition license, or in the notice of fine art work
creation competition.
2. A fine ranging from 10.000.000 dong to 20.000.000 dong shall
be imposed on any of the following acts:
a) Organizing a fine art
work creation competition that does not conform to the notified contents;
b) Altering to change the contents
of a fine art exhibition license, a license to replicate fine art works of
cultural celebrities, national heroes, or leaders, or a monument or monumental
painting construction license, or a license to organize a sculpture creation
camp.
3. A fine ranging from 20.000.000 dong to 30.000.000 dong shall
be imposed on any of the following acts:
a) Organizing a fine art
exhibition or a sculpture creation camp that does not conform to the contents
specified in the license;
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c) Replicating fine art
works of cultural celebrities, national heroes, or leaders for business
purposes or for placement in public locations which do not conform to the
contents specified in the license.
4. A fine ranging from 30.000.000 dong to 40.000.000 dong shall
be imposed on any of the following acts:
a) Organizing a fine art
exhibition without a license as prescribed;
b) Organizing a sculpture
creation camp without a license as prescribed;
c) Replicating fine art
works of cultural celebrities, national heroes, or leaders for business
purposes or for placement in public locations without a license, except for the
case prescribed in Point b, Clause 5 of this Article;
d) Replicating fine art
works of cultural celebrities, national heroes, or leaders without ensuring
reverence;
dd) Organizing a
competition or creating fine art works when not approved by competent
authorities;
e) Exhibiting fine art
works or other art products whose contents propagate an obscene lifestyle,
criminal acts, or social vices, destroy fine customs and traditions, or damage
the environment; or insult the prestige of agencies or organizations, or the
honor and dignity of individuals;
g) Constructing a fine art
work whose contents propagate an obscene lifestyle, criminal acts, or social
vices, destroy fine customs and traditions, or damage the environment; or
insult the prestige of agencies or organizations, or the honor and dignity of
individuals.
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a) Constructing a monument
or monumental painting that does not conform to the contents specified in the
license;
b) Constructing a monument
or monumental painting without a license as prescribed;
c) Exhibiting fine art
works or other art products whose contents incite violence; propagate an
obscene lifestyle but not to the extent of facing criminal prosecution; distort
historical truths; deny revolutionary achievements; or insult the nation,
national heroes, or cultural celebrities;
d) Constructing a fine art
work whose contents incite violence; propagate an obscene lifestyle but not
liable to criminal prosecution; distort historical truths; deny revolutionary
achievements; insult the nation, national heroes, or cultural celebrities, or
fail to conform to the approved design or model;
6. Supplementary penalties:
Confiscation of violating
exhibits for the acts prescribed in Point c, Clause 3, and Point c and Point d,
Clause 4 of this Article.
7. Remedial measures:
a) Destruction of cultural
products having detrimental effects for the acts prescribed in Point e, Clause
4 and Point c, Clause 5 of this Article;
b) Destruction of
violating exhibits for the acts prescribed in Point a and Point b, Clause 4 of
this Article in cases where the violating exhibits are cultural products having
detrimental effects;
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d) demolition of the
monument, monumental painting and fine art work for the acts prescribed in
Point c, Clause 3, Point g, Clause 4, and Point b and Point d, Clause 5 of this
Article;
dd) Relocation of violating
exhibits out of the location hosting the exhibition or the sculpture creation
camp for the acts prescribed in Point a and Point b, Clause 3, and Point a and
Point b, Clause 4 of this Article;
e) Removal of violating
contents from the fine art exhibition or sculpture creation camp for the act
prescribed in Point a, Clause 3 of this Article;
g) Return of illegal
profits obtained from replicating fine art works of cultural celebrities,
national heroes, or leaders for business purposes as prescribed in Point c,
Clause 3, and Point c and Point d, Clause 4 of this Article;
h) Return of the license
that has been altered or erased to change its contents to the competent
authority that issued it for the act prescribed in Point b, Clause 2 of this
Article;
i) Payment of an amount
equal to the value of the administrative violation exhibits for the acts
prescribed in Point c, Clause 3, and Point c and Point d, Clause 4 of this
Article in cases where the violating exhibits have been consumed, dispersed, or
destroyed contrary to the provisions of law.
Article
24. Violations against regulations on photography
1. A fine ranging from 5.000.000 dong to 10.000.000 dong shall
be imposed on any of the following acts:
a) Failing to notify
competent authorities of the organization of a creation campaign, creation
camp, competition, or festival of photographic works in Vietnam as prescribed;
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c) Failing to notify
competent authorities of sending photographic works from Vietnam abroad to
participate in competitions or festivals as prescribed;
d) Making untruthful
declarations in the application for issuance of exhibition license for
photographic works.
2. A fine ranging from 10.000.000 dong to 15.000.000 dong shall
be imposed on the act of altering to change the contents of an exhibition
license for photographic works.
3. A fine ranging from 15.000.000 dong to 20.000.000 dong shall
be imposed on any of the following acts:
a) A fine ranging from
15.000.000 dong to 20.000.000 dong shall be imposed on any of the following
acts:
b) Sending photographic
works from Vietnam abroad for exhibition that does not conform to the contents
specified in the license;
c) Failing to apply for
the re-issuance of an exhibition license for photographic works in Vietnam as
prescribed.
4. A fine ranging from 20.000.000 dong to 30.000.000 dong shall
be imposed on the act of organizing an exhibition of photographic works in
Vietnam without a license as prescribed.
5. A fine ranging from 30.000.000 dong to 40.000.000 dong shall
be imposed on any of the following acts:
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b) Exhibiting photographic
works that are subject to dissemination ban, except for the case prescribed in
Point a, Clause 6 of this Article;
c) Editing photographic
works to misrepresent the image content for the purpose of infringing upon the
prestige of organizations, or the honor and dignity of individuals.
6. A fine ranging from 40.000.000 dong to 50.000.000 dong shall
be imposed on any of the following acts:
a) Exhibiting photographic
works in Vietnam whose contents incite violence, or are pornographic or obscene
but not liable to criminal prosecution;
b) Editing photographic
works to misrepresent the image content for the purpose of distorting
historical truths or denying revolutionary achievements; or insulting great
figures, national heroes, leaders, or cultural celebrities;
c) Buying, selling, using,
or disseminating photographic works that violate the law or have been subject
to decisions on circulation suspension, prohibition from circulation,
revocation, confiscation, or destruction by competent authorities.
7. Remedial measures:
a) Compulsory return of
the license that has been altered or erased to change its contents to the
competent authority that issued it for the act prescribed in Clause 2 of this
Article;
b) Compulsory removal of
violating contents from the exhibition of photographic works for the acts
prescribed in Point a and Point b, Clause 3 of this Article;
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d) Written apology to
organizations or individuals for the act prescribed in Point c, Clause 5 of
this Article;
dd) Compulsory
rectification of untruthful information for acts prescribed in point b Clause 6
of this Article;
e) Compulsory destruction
of violating exhibits for the acts prescribed in Clause 4 and point a Clause 5
of this Article in cases where the violating exhibits are cultural products
having detrimental effects;
g) Compulsory return of
illegal profits obtained from committing the acts of buying, selling, or
disseminating photographic works as prescribed in Point c, Clause 6 of this
Article;
Article
25. Violations against regulations on exhibition activities
1. A fine ranging from 5.000.000 dong to 10.000.000 dong shall be
imposed on any of the following acts:
a) Failing to notify the
competent state authority of the organization of an exhibition;
b) Failing to re-notify in
the event of changes to the contents specified in the previously notified
document as prescribed;
c) Making untruthful
declarations in the application for issuance of exhibition organization license.
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3. A fine ranging from 15.000.000 dong to 20.000.000 dong shall
be imposed on any of the following acts:
a) Organizing an
exhibition in Vietnam improperly with the contents specified in the license,
except for the cases prescribed in Clause 6 of this Article;
b) Taking works,
artifacts, or documents abroad for exhibition improperly with the contents
specified in the license, except for the cases prescribed in Clause 6 of this
Article;
c) Failing to apply for
the re-issuance of an exhibition license in Vietnam as prescribed.
4. A fine ranging from 20.000.000 dong to 30.000.000 dong shall
be imposed on the act of organizing an exhibition in Vietnam without a license
as prescribed.
5. A fine ranging from 30.000.000 dong to 40.000.000 dong shall
be imposed on any of the following acts:
a) Taking works,
artifacts, or documents abroad for exhibition without a license as prescribed;
b) Exhibiting works,
artifacts, or documents whose contents violate regulations on a civilized
lifestyle, propagate violence, criminal acts, or social vices harmful to
health, or destroy the natural ecosystem;
c) Exhibiting works,
artifacts, or documents whose contents disclose secrets of agencies,
organizations, or individuals without the consent of such agencies,
organizations, or individuals.
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7. Remedial measures:
a) Removal of violating
contents from the exhibition for the acts prescribed in Point a and Point b,
Clause 3 of this Article;
b) Destruction of
violating exhibits for the acts prescribed in Clause 4 and point a Clause 5 of
this Article in cases where the violating exhibits are cultural products having
detrimental effects;
c) Destruction of cultural
products having detrimental effects for the acts prescribed in Point b and
Point c, Clause 5, and Clause 6 of this Article;
d) Return of the license
that has been altered or erased to change its contents to the competent
authority that issued it for the act prescribed in Clause 2 of this Article;
8. The acts prescribed in Clauses 1, 2, 3, 4, 5, and 6 of this
Article shall not apply to exhibitions prescribed in Clause 2 Article 1 of the
Government's Decree No. 23/2019/ND-CP dated February 26, 2019.
Section
5. VIOLATIONS AGAINST REGULATIONS ON CULTURAL HERITAGE
Article
26. Violations against regulations on prohibited acts regarding cultural
heritage
1. A fine ranging from 30.000.000 dong to 40.000.000 dong shall
be imposed on any of the following acts:
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b) Recognizing or awarding
titles related to cultural heritage contrary to the provisions of law, except
for the cases prescribed in Article 28 of this Decree.
2. A fine ranging from 40.000.000 dong to 50.000.000 dong shall
be imposed on any of the following acts:
a) Appropriating cultural
heritage; distorting the original elements constituting historical-cultural
relics, contents and values of relics or documentary heritage; disseminating or
practicing the contents of intangible cultural heritage in a distorted manner,
or introducing inappropriate elements that reduce the value of relics or intangible
cultural heritage;
b) Infringing upon,
destroying, or posing a risk of destruction to cultural heritage and the
cultural landscape of relics;
c) Taking advantage of
cultural heritage and its management, protection, value promotion, recognition,
or inscription for profiteering, religious worship, or other illegal acts;
practicing cultural discrimination or bias; provoking cultural rivalry,
conflicts, disputes, or clashes; or obstructing the cultural creativity,
practice, and enjoyment of the heritage-bearing communities;
d) Illegally excavating
archaeological sites; illegally searching for or salvaging underwater relics,
antiquities, or national treasures; illegally searching for relics or
antiquities; or unauthorized construction within protected monument areas,
archaeological exploration/excavation areas, or planned archaeological sites;
dd) Purchasing, selling,
collecting, trading, or exchanging relics, antiquities, national treasures, or
documentary heritage of illegal origin;
e) Encroaching upon or
destroying land hosting historical-cultural relics or scenic landscapes;
g) Preserving, renovating,
or restoring historical-cultural relics or scenic landscapes without required
opinions or in violation of investment guideline approvals, investment guideline
decisions, investment decisions, project approvals, or official appraisal
contents issued by competent authorities;
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i) Exploiting activities
that protect and promote cultural heritage values to distort State guidelines,
policies, or laws; oppose the State of the Socialist Republic of Vietnam;
undermine national unity; incite violence or provoke ethnic and religious
hatred; propagate wars of aggression; undermine fine customs; or spread
superstition;
k) Exploiting
artifact-collecting duties to purchase, or advise others to trade artifacts
subject to collection by public museums; or disclosing trade-related
information without the written consent of the museum management authority and
the artifact owner.
3. Supplementary penalties:
Confiscation of relics,
antiquities, national treasures, and documentary heritage for the acts
specified in Points d, dd, and h Clause 2 of this Article
4. Remedial measures:
a) Compulsory restoration
to the original state for acts specified in Point a Clause 1; the act of
appropriating cultural heritage or distorting the original elements, content,
and value of relics or documentary heritage specified in Point a; and acts
specified in Points b, d, e, and g Clause 2 of this Article;
b) Compulsory public
written apology for disseminating or practicing intangible cultural heritage in
a distorted manner, or introducing inappropriate elements that devalue relics
or intangible cultural heritage specified in Point a of Clause 2 of this
Article;
c) Compulsory return of
illegal profits obtained from committing the acts prescribed in Points c, d,
dd, h, i, and k Clause 2 of this Article;
d) Compulsory payment of
an amount equal to the value of the administrative violation exhibits for the
acts prescribed in Points d, dd, and h, Clause 2 of this Article in cases where
such exhibits have been consumed, dispersed, or destroyed contrary to the law.
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1. A fine ranging from 10.000.000 dong to 20. 000.000 dong
shall be imposed for the act of researching, collecting, or documenting
intangible cultural heritage in Vietnam without the required written consent of
the Minister of Culture, Sports and Tourism (for heritage distributed across at
least 02 or more provinces) or the provincial-level specialized authority on
culture (for heritage located within 01 province).
2. Supplementary penalties:
Confiscation of violating
exhibits for the acts prescribed in Clause 1 of this Article.
3. Remedial measures:
Compulsory payment of an
amount equal to the value of the administrative violation exhibits for the acts
prescribed in Clause 1 of this Article in cases where such exhibits have been
consumed, dispersed, or destroyed contrary to the law.
Article
28. Violations against regulations on monument classification applications,
annulment of classification decisions and monument classification certificates
1. A fine ranging from 5.000.000 dong to 10.000.000 dong shall
be imposed for the act of making untruthful declarations in applications for
monument classification, supplementary classification, annulment of
classification decisions, or for the supplementation and modification of
scientific applications for monuments or world heritages.
2. A fine ranging from 10.000.000 dong to 20.000.000 dong shall
be imposed on the act of altering to change the contents of a monument
classification certificate.
3. Remedial measures:
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Article
29. Violations against regulations on repairing, renovating, constructing
works, and conducting activities within protected zones of monuments and world
heritages
1. A fine ranging from 40.000.000 dong to 50.000.000 dong shall
be imposed for repairing, renovating, or constructing works or single-family
houses within protection zone I of monuments or world heritage areas,
protection zone II of monuments or buffer zones of world heritage areas without
ensuring any of the requirements prescribed in Clause 3 Article 28 of the Law
on Cultural Heritage No. 45/2024/QH15.
2. Remedial measures:
a) Compulsory demolition
of works or single-family houses for construction acts specified in Clause 1 of
this Article;
b) Compulsory restoration to
the original state for repair or renovation acts specified in Clause 1 of this
Article.
Article
30. Violations against regulations on construction investment projects,
construction of works or single-family houses, and activities outside protected
zones of monuments and buffer zones of world heritages
1. A fine ranging from 30.000.000 dong to 40.000.000 dong shall
be imposed for executing construction investment projects, constructing works
or single-family houses, or conducting activities outside protected monument
zones or world heritage buffer zones that may negatively impact the original
elements, cultural landscape of monuments, or world heritages without the
written opinion of the competent cultural authority as prescribed in Article 30
of the Law on Cultural Heritage No. 45/2024/QH15.
2. Remedial measures:
Compulsory demolition of
works for acts specified in Clause 1 of this Article;
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1. A fine ranging from 10.000.000 dong to 20.000.000 dong shall
be imposed for adding, relocating, or changing artifacts within a monument that
alters its original elements or distorts its content and value without the
prior opinion of the competent authority.
2. Remedial measures:
Compulsory restoration to
the original state for acts specified in Clause 1 of this Article.
Article
32. Violations against regulations on archaeological exploration and excavation
1. A fine ranging from 10.000.000 dong to 20.000.000 dong shall
be imposed for failing to meet the qualifications of the person in charge of
archaeological exploration and excavation prescribed in Clause 7, Article 39 of
the Law on Cultural Heritage No. 45/2024/QH15.
2. A fine ranging from 20.000.000 dong to 30.000.000 dong shall
be imposed for conducting emergency underground archaeological exploration or
excavation at sites being destroyed or at risk of destruction without an
emergency permit from the head of the provincial-level specialized authority on
culture.
3. A fine ranging from 30.000.000 dong to 40.000.000 dong shall
be imposed for failing to meet the qualifications of the person in charge of
archaeological exploration and excavation prescribed in Clause 2, Article 39 of
the Law on Cultural Heritage No. 45/2024/QH15.
4. Supplementary penalties:
Confiscation of violating
exhibits obtained from the acts specified in Clauses 1, 2, and 3 of this
Article.
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a) Compulsory restoration
to the original state for acts specified in Clauses 1, 2, and 3 of this Article;
b) Compulsory return of an
amount equal to the value of the administrative violation exhibits for the acts
prescribed in Clauses 1, 2, and 3 of this Article in cases where the violating
exhibits have been consumed, dispersed, or destroyed contrary to the provisions
of law.
Article
33. Violations against regulations on relic and antiquity appraisal services
1. A fine ranging from 5.000.000 dong to 10.000.000 dong shall
be imposed on the act of making untruthful declarations in the application for
issuance or re-issuance of a Certificate of eligibility to provide relic and
antiquity appraisal services.
2. A fine ranging from 10.000.000 dong to 20.000.000 dong shall
be imposed for altering the content of a Certificate of eligibility to provide
relic and antiquity appraisal services.
3. A fine ranging from 20.000.000 dong to 30.000.000 dong shall
be imposed on the act of failing to apply for re-issuance of a Certificate of
eligibility to provide relic and antiquity appraisal services in accordance
with regulations.
4. A fine ranging from 30.000.000 dong to 40.000.000 dong shall
be imposed on any of the following acts:
a) Failing to meet
requirements of head offices for storing and preserving appraised relics and
antiquities;
b) Failing to meet requirements
for appraising equipment and devices;
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5. A fine ranging from 40.000.000 dong to 50.000.000 dong shall
be imposed on any of the following acts:
a) Operating a relic and
antiquity appraisal business without a required Certificate of eligibility to
provide relic and antiquity appraisal services;
b) Permitting other
entities to use the Certificate of eligibility to provide relic and antiquity
appraisal services;
c) Using the Certificate
of eligibility to provide relic and antiquity appraisal services of another
provider;
6. Supplementary penalties:
Deprivation of the right
to use the Certificate of eligibility to provide relic and antiquity appraisal
services for 03 to 06 months for the act specified in Point b, Clause 5 of this
Article.
7. Remedial measures:
a) Compulsory return of
illegal profits obtained from committing the acts prescribed in Clause 5 of
this Article;
b) Compulsory return of
the altered Certificate to the competent authority that issued it for the act
prescribed in Clause 2 of this Article;
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1. A fine ranging from 5.000.000 dong to 10.000.000 dong shall
be imposed on the act of making untruthful declarations in the application for
issuance or re-issuance of a Certificate of eligibility to trade relics and
antiquities or Practicing certificate for trading relics and antiquities.
2. A fine ranging from 10.000.000 dong to 20.000.000 dong shall
be imposed for altering the content of a Certificate of eligibility to trade
relics and antiquities or Practicing certificate for trading relics and antiquities.
3. A fine ranging from 20.000.000 dong to 30.000.000 dong shall
be imposed on the act of failing to apply for re-issuance of a Certificate of
eligibility to trade relics and antiquities or Practicing certificate for
trading relics and antiquities in accordance with regulations.
4. A fine ranging from 30.000.000 dong to 400.000.000 dong
shall be imposed on any of the following acts:
a) Failing to meet
requirements of head offices for storing, preserving or displaying relics and
antiquities;
b) Failing to meet
requirements of technical facilities and means for the registered business
lines.
5. A fine ranging from 40.000.000 dong to 50.000.000 dong shall
be imposed on any of the following acts:
a) Trading relics and
antiquities without a required Certificate of eligibility to trade relics and
antiquities or Practicing certificate for trading relics and antiquities;
b) Permitting other
entities to use the Certificate of eligibility to trade relics and antiquities
or Practicing certificate for trading relics and antiquities;
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6. Supplementary penalties:
Deprivation of the right
to use the Certificate of eligibility to trade relics and antiquities of
another establishment or Practicing certificate for trading relics and
antiquities for 03 to 06 months for the act specified in Point b, Clause 5 of
this Article.
7. Remedial measures:
a) Compulsory return of
illegal profits obtained from committing the acts prescribed in Clause 5 of
this Article;
b) Compulsory return of
the altered Certificate or Practicing certificate to the competent authority
that issued it for the act prescribed in Clause 2 of this Article;
Article
35. Violations against regulations on museum service operations
1. A fine ranging from 5.000.000 dong to 10.000.000 dong shall
be imposed for making untruthful declarations in the application for issuance
or re-issuance of a museum operation license.
2. A fine ranging from 10.000.000 dong to 20.000.000 dong shall
be imposed on the act of altering to change the contents of a museum operation
license.
3. A fine ranging from 20.000.000 dong to 30.000.000 dong shall
be imposed for failing to apply for re-issuance of museum operation license as
prescribed.
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5. A fine ranging from 40.000.000 dong to 50.000.000 dong shall
be imposed for operating museum services without a required museum operation
license, or for any of the following acts
a) Permitting other
organizations or individuals to use the museum operation license;
b) Using the museum
operation license of another establishment.
6. Supplementary penalties:
a) Deprivation of the
right to use the museum operation license for 01 to 03 months for the act
specified in Clause 4 of this Article;
b) Deprivation of the
right to use the museum operation license for 03 to 06 months for the act
specified in point b Clause 5 of this Article;
7. Remedial measures:
a) Compulsory return of
illegal profits obtained from committing the acts prescribed in Clause 5 of
this Article;
b) Compulsory return of
the altered Certificate to the competent authority that issued it for the act
prescribed in Clause 2 of this Article;
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1. A fine ranging from 1.000.000 dong to 5.000.000 dong shall
be imposed for failing to apply for re-issuance of the practicing certificate
for planning formulation; project formulation and techno-economic reporting;
design; execution; and execution supervision consultancy for monument
preservation, renovation, and restoration0}
2. A fine ranging from 5.000.000 dong to 10.000.000 dong shall
be imposed for failing to apply for re-issuance of the practicing certificate
for planning formulation; project formulation and techno-economic reporting;
design; execution; and execution supervision consultancy for monument preservation,
renovation, and restoration as prescribed, except where the practicing
certificate for monument preservation, renovation, and restoration planning
formulation has expired.
3. A fine ranging from 10.000.000 dong to 15.000.000 dong shall
be imposed for altering the content of the practicing certificate for planning
formulation; project formulation and techno-economic reporting; design;
execution; and execution supervision consultancy for monument preservation,
renovation, and restoration.
4. A fine ranging from 15.000.000 dong to 200.000.000 dong
shall be imposed on any of the following acts:
a) Practicing planning
formulation; project formulation and techno-economic reporting; design;
execution; and execution supervision consultancy for monument preservation,
renovation, and restoration without a required practicing certificate as
prescribed;
b) Using the practicing
certificate for planning formulation; project formulation and techno-economic
reporting; design; execution; and execution supervision consultancy for
monument preservation, renovation, and restoration of another person;
c) Using an expired
practicing certificate for planning formulation; project formulation and
techno-economic reporting; design; execution; and execution supervision consultancy
for monument preservation, renovation, and restoration;
d) Permitting another
individual to use the practicing certificate for planning formulation; project
formulation and techno-economic reporting; design; execution; and execution
supervision consultancy for monument preservation, renovation, and restoration.
5. Supplementary penalties:
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6. Remedial measures:
Compulsory return of
illegal profits obtained from committing the acts prescribed in Clause 4 of
this Article;
Article
37. Violations against regulations on Certificates of eligibility for monument
preservation, renovation, and restoration practice
1. A fine ranging from 5.000.000 dong to 10.000.000 dong shall
be imposed on the act of making untruthful declarations in the application for
issuance or re-issuance of a Certificate of eligibility for monument
preservation, renovation, and restoration practice.
2. A fine ranging from 10.000.000 dong to 20.000.000 dong shall
be imposed for altering the content of a Certificate of eligibility for
monument preservation, renovation, and restoration practice.
3. A fine ranging from 20.000.000 dong to 30.000.000 dong shall
be imposed for failing to apply for re-issuance of the certificate of
eligibility for monument preservation, renovation, and restoration practice as
prescribed, except where such certificate has expired.
4. A fine ranging from 30.000.000 dong to 400.000.000 dong
shall be imposed on any of the following acts:
a) Failing to maintain the
required minimum number of certified practitioners during operations;
b) Using an expired
Certificate of eligibility for monument preservation, renovation, and
restoration practice.
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a) Practicing monument
preservation, renovation, or restoration without a required Certificate of
eligibility for monument renovation;
b) Permitting other
organizations or individuals to use the Certificate of eligibility for monument
preservation, renovation, and restoration practice.
c) Using the Certificate
of eligibility for monument preservation, renovation, and restoration practice
of another organization.
6. Supplementary penalties:
Deprivation of the right
to use the Certificate of eligibility for monument preservation, renovation,
and restoration practice for 03 to 06 months for the act specified in Point b,
Clause 5 of this Article.
7. Remedial measures:
a) Compulsory return of
illegal profits obtained from committing the acts prescribed in Point b, Clause
4 and Clause 5 of this Article;
b) Compulsory return of
the altered Certificate to the competent authority that issued it for the act
prescribed in Clause 2 of this Article;
Article
38. Violations against regulations on handing over discovered relics and
antiquities
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2. Supplementary penalties:
Confiscation of relics or
antiquities for the act prescribed in Clause 1 of this Article.
3. Remedial measures:
Compulsory payment of an
amount equal to the value of the administrative violation exhibits for the acts
prescribed in Clause 1 of this Article in cases where the violating exhibits
have been consumed, dispersed, or destroyed contrary to the provisions of law.
Article
39. Violations against regulations on replicating relics, antiquities, national
treasures, and documentary heritage
1. A fine ranging from 5.000.000 dong to 10.000.000 dong shall
be imposed for making untruthful declarations in the application for issuance
or re-issuance of a permit to replicate relics, antiquities, national
treasures, or documentary heritage.
2. A fine ranging from10.000.000 to 20.000.000 dong shall be
imposed for altering the content of a replication permit as prescribed.
3. A fine ranging from 20.000.000 to 30.000.000 dong shall be
imposed for failing to apply for re-issuance of the replication permit as
prescribed, except for the act specified in Point b, Clause 4 of this Article.
4. A fine ranging from 30.000.000 dong to 40.000.000 dong shall
be imposed on any of the following acts:
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b) Using an expired
replication permit.
5. A fine ranging from 40.000.000 dong to 50.000.000 dong shall
be imposed on any of the following acts:
a) Replicating relics,
antiquities, national treasures, and documentary heritage without the
replication permit as prescribed;
b) Permitting other
organizations or individuals to use the replication permit.
c) Using the replication
permit of another organization for practicing.
6. Supplementary penalties:
a) Deprivation of the
right to use the permit to replicate relics, antiquities, national treasures,
or documentary heritage for 01 to 03 months for the act specified in point a
Clause 4 of this Article;
b) Deprivation of the
right to use the permit to replicate relics, antiquities, national treasures,
or documentary heritage for 03 to 06 months for the act specified in point b
Clause 5 of this Article;
c) Confiscation of
violating exhibits for the acts prescribed in Point a Clause 4 and Point a
Clause 5 of this Article.
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a) Compulsory return of
illegal profits obtained from committing the acts prescribed in Clause 4 and
Clause 5 of this Article;
b) Compulsory payment of
an amount equal to the value of the administrative violation exhibits for the
acts prescribed in point a Clause 4 and point a Clause 5 of this Article in
cases where the violating exhibits have been consumed, dispersed, or destroyed
contrary to the provisions of law;
c) Compulsory return of
the altered permit to the competent authority that issued it for the act
prescribed in Clause 2 of this Article;
Article
40. Violations against regulations on managing, protecting, promoting, and
trading documentary heritage
1. A fine ranging from 3.000.000 dong to 5.000.000 dong shall
be imposed for failing to notify in writing the provincial-level specialized
authority on culture where the documentary heritage was registered regarding
its new owner upon the transfer of ownership of jointly or privately owned
documentary heritage.
2. A fine ranging from 30.000.000 dong to 50.000.000 dong shall
be imposed for trading or purchasing jointly or privately owned documentary
heritage that has been inscribed on UNESCO lists or national inventories.
3. Supplementary penalties:
a) Suspension of trading
and purchasing operations for a period from 01 month to 03 months for the act
prescribed in Clause 1 of this Article;
b) Confiscation of the
jointly or privately owned documentary heritage inscribed on UNESCO lists or
national inventories for the act specified in Clause 2 of this Article.
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a) Compulsory written
notification regarding the new owner to the provincial-level specialized
authority on culture where the documentary heritage was registered for the act
specified in Clause 1 of this Article;
b) Compulsory payment of
an amount equal to the value of the inscribed jointly or privately owned
documentary heritage for the act specified in Clause 2 of this Article of the
violating exhibits have been consumed, dispersed, or destroyed contrary to law;
c) Compulsory return of
illegal profits obtained from committing the acts prescribed in Clause 2 of
this Article;
Article
41. Violations against regulations on using and exploiting the national
database on cultural heritage
1. A fine ranging from 30.000.000 dong to 50.000.000 dong shall
be imposed for unlawfully infringing upon or altering data or damaging
infrastructure in a manner that disrupts the operation of the national database
on cultural heritage.
2. Remedial measures:
Compulsory restoration to
the original state for the act specified in Clause 1 of this Article.
Section
6. VIOLATIONS AGAINST REGULATIONS ON LIBRARIES
Article
42. Violations against regulations on prohibited acts in library operations
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a) Swapping information
resources, except for ancient, rare, and precious documents, or document
collections of special value;
b) Misappropriating
information resources, except for ancient, rare, and precious documents, or
document collections of special value;
c) Unlawfully providing
information regarding library service users.
2. A fine ranging from 3.000.000 dong to 5.000.000 dong shall
be imposed on any of the following acts:
a) Restricting library
users' rights to access and use information resources against the law;
b) Damaging information
resources, except for ancient, rare, and precious documents, or document
collections of special value;
3. A fine ranging from 5.000.000 dong to 7.000.000 dong shall
be imposed for destroying information resources, except for ancient, rare, and
precious documents, or document collections of special value.
4. A fine ranging from 7.000.000 dong to 10.000.000 dong shall
be imposed for destroying library information systems or library databases.
5. Operations of a community library, a private library serving
the community, or a library of a foreign organization or individual serving
Vietnamese citizens shall be suspended for 06 to 12 months for exploiting
library activities to incite violence, undermine fine customs, or entice
library users into social vices.
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a) Compulsory return of
the swapped or misappropriated information resources specified in Points a and
b, Clause 1 of this Article;
b) Compulsory restoration
to the original state for acts specified in Point b, Clause 2, Clause 3, and
Clause 4 of this Article;
Article
43. Violations against regulations on operations of community libraries,
private libraries serving the community, and libraries of foreign organizations
or individuals serving Vietnamese citizens
1. A warning penalty shall be imposed on any of the following
acts:
a) Failing to notify the
competent authority regarding the establishment, acquisition, consolidation,
division, dissolution, or termination of library operations under regulations;
b) Failing to maintain the
required number of book copies during operations.
2. A fine ranging from 500.000 dong to 1.000.000 dong shall be
imposed for failing to ensure physical infrastructure, library utilities, or
library personnel during operations, except for the act specified in Point b,
Clause 1 of this Article.
3. A fine ranging from 1.000.000 dong to 5.000.000 dong shall
be imposed for establishing, acquiring, consolidating, dividing, dissolving, or
terminating library operations without the written consent of the competent
authority.
4. A fine ranging from 5.000.000 dong to 10.000.000 dong shall
be imposed for repeating any of the violations specified in Clauses 1, 2, and 3
of this Article.
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1. A fine ranging from 10.000.000 dong to 3.000.000 dong shall
be imposed on any of the following acts:
a) Operating
inconsistently with the functions, mandates, and contents notified to the
competent library authority;
b) Failing to submit
reports on library operations to the competent authority;
c) Failing to disclose
library regulations and user guidelines.
2. A fine ranging from 30.000.000 dong to 5.000.000 dong shall
be imposed on any of the following acts:
a) Failing to ensure
openness and transparency regarding information resources as prescribed;
b) Receiving sponsorships,
aid, donations, or contributions against regulations.
3. Remedial measures:
Compulsory return of
illegal profits obtained from committing the acts prescribed in point b Clause
2 of this Article;
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A warning penalty shall be
imposed on any of the following acts:
1. Treating library users unfairly;
2. Behaving in violation of library professional codes of
conduct.
Section
7. OTHER VIOLATIONS IN THE FIELD OF CULTURE
Article
46. Violations against regulations on the establishment and operation of
foreign cultural establishments in Vietnam
1. A fine ranging from 1.000.000 dong to 5.000.000 dong shall
be imposed on any of the following acts:
a) Failing to submit
written reports to the competent authority on annual operational results or
upon request;
b) Failing to notify the
competent authority where the branch is located regarding its operational
contents and authorization period.
2. A fine ranging from 50.000.000 dong to 100.000.000 dong
shall be imposed on any of the following acts:
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b) Organizing activities
inconsistently with the contents of the establishment and operation
registration certificate or license;
c) Making untruthful
declarations in application for issuance or re-issuance of the establishment
and operation registration certificate or license.
3. A fine ranging from 10.000.000 dong to 15.000.000 dong shall
be imposed on any of the following acts:
a) Failing to apply for
re-issuance of the foreign cultural establishment's registration certificate or
license, or its branch's establishment and operation certificate as prescribed;
b) Altering the content of
the establishment and operation registration certificate or license.
4. A fine ranging from 15.000.000 dong to 20.000.000 dong shall
be imposed for failing to possess a branch establishment and operation
certificate as prescribed.
5. A fine ranging from 20.000.000 dong to 25.000.000 dong shall
be imposed for failing to possess an establishment and operation registration
certificate or license for a foreign cultural establishment in Vietnam.
6. Remedial measures:
Compulsory return of the
altered certificate or license to the competent authority that issued it for
the act prescribed in Point b, Clause 3 of this Article.
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1. A fine ranging from 3.000.000 dong to 5.000.000 dong shall
be imposed for operating an offline electronic gaming business within a
distance of less than 200 meters from any primary, lower secondary, or upper
secondary school.
2. A fine ranging from 5,000,000 dong to 10,000,000 dong shall
be imposed for operating an offline electronic gaming business outside
prescribed business hours.
3. A fine ranging from 10.000.000 dong to 20.000.000 dong shall
be imposed for failing to attach security or marketing stamps or labels
certified by competent state authorities in accordance with regulations to offline
electronic games.
4. A fine ranging from 20.000.000 dong to 30.000.000 dong shall
be imposed for providing offline electronic games containing pornographic
content, but not to the extent of criminal prosecution required; or inciting
violence.
5. A fine ranging from 30.000.000 dong to 40.000.000 dong shall
be imposed for 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. A fine ranging from 40.000.000 dong to 50.000.000 dong shall
be imposed for manufacturing electronic gaming tapes or CDs having
pornographic and debauching contents, but not to the extent of being criminally
prosecuted; inciting violence; harming national sovereignty.
7. Supplementary penalties:
a) Confiscation of gaming
machines for the acts prescribed in Clause 4 of this Article.
b) Confiscation of
violating means for the acts prescribed in Clause 6 of this Article.
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a) Compulsory destruction
of cultural products with toxic contents for the acts prescribed in Clauses 4,
5, and 6 of this Article;
b) Compulsory return of
illegal profits obtained from committing the acts prescribed in Clauses 1, 2,
3, 4, 5, and 6 of this Article;
c) Compulsory payment of
an amount equal to the value of the administrative violation exhibits, means
for the acts prescribed in Clause 4 and Clause 6 of this Article in cases where
the violating exhibits, means have been consumed, dispersed, or destroyed
contrary to the provisions of law.
Article
48. Violations against regulations on cultural activities of persons with
disabilities or elderly persons
1. A fine ranging from 1.000.000 dong to 3.000.000 dong shall
be imposed for refusing to provide services or equipment to eligible persons
with disabilities or elderly persons participating in cultural activities.
2. A fine ranging from 3.000.000 dong to 5.000.000 dong shall
be imposed for failing to grant ticket or service fee exemptions or reduction
to persons with disabilities or elderly persons participating in cultural
activities as prescribed, except for the case specified in Point a, Clause 2,
Article 15 of this Decree.
3. A fine ranging from 5.000.000 dong to 10.000.000 dong shall
be imposed for refusing to allow eligible persons with disabilities or elderly
persons to participate in cultural activities designated for them.
4. A fine ranging from 15.000.000 dong to 20.000.000 dong shall
be imposed for providing services or equipment that fail to ensure safety for
persons with disabilities or elderly persons participating in cultural
activities.
5. Remedial measures:
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Chapter
III
ADMINISTRATIVE
VIOLATIONS, PENALTIES, AND REMEDIAL MEASURES IN ADVERTISING
Section
1. VIOLATIONS OF GENERAL REGULATIONS
Article
49. Violations against regulations on advertising of products, commodities and
services subject to advertising prohibitions
1. A fine ranging from 50.000.000 dong to 70.000.000 dong shall
be imposed for any of the following acts, except for the cases specified in
Clause 6, Article 59 of this Decree:
a) Advertising tobacco;
b) Advertising alcohol
containing at least 15% ABV;
c) Advertising breast-milk
substitutes for children under 24 months old; nutritional supplements for
children under 06 months old; feeding bottles and artificial nipples; or using
images of fetuses or young children in advertisements for milk designated for
pregnant women;
d) Advertising
prescription drugs; or non-prescription drugs recommended by competent state
authorities for restricted use or use under physician supervision;
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2. A fine ranging from 70.000.000 dong to 100.000.000 dong
shall be imposed for any of the following acts, except for the cases specified
in Clause 6, Article 59 of this Decree:
a) Advertising commodities
and services subject to trading prohibitions in accordance with regulations in
force;
b) Advertising aphrodisiac
products or commodities;
c) Advertising weapons,
explosive materials, combat gear, or products and commodities that incite
violence.
3. Remedial measures:
Compulsory removal,
demolition and deletion or erasure of advertisements or recall of printed
newspapers and magazines with advertisements with respect to the acts specified
in clause 1 and 2 of this Article.
Article
50. Violations against prohibited acts in advertising activities
1. A fine ranging from 5.000.000 dong to 10.000.000 dong shall
be imposed for hanging, placing, pasting or painting advertising products on
utility poles, traffic light pillars, and public trees, except for cases
specified in Point c, Clause 2; Point a, Clause 5; and Point d, Clause 6,
Article 5 of Decree No. 336/2025/ND-CP dated December 22, 2025 of the
Government on administrative penalties for road traffic activities.
2. A fine ranging from 10.000.000 dong to 20,000,000 dong shall
be imposed on any of the following acts:
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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 Clause 3 Article 62,
clause 3 Article 67 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. A fine ranging from 20.000.000 dong to 40,000,000 dong shall
be imposed on any of the following acts:
a) Showing adverts
containing personal images, oral statements or writing without their consent,
unless otherwise permitted by laws.
b) Advertising an incorrect
type or rating of a tourist accommodation establishment recognized by competent
state authorities, or advertising such type or rating before being officially
recognized.
4. A fine ranging from 40.000.000 dong to 60,000,000 dong shall
be imposed on any of the following acts:
a) Using adverts damaging
an organization’s prestige, or an individual’s honor and dignity
b) Comparing products,
commodities, or services with those of the same type from other organizations
or individuals without supporting documents;
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d) Using adverts that are
unaesthetic go against historical, cultural, moral traditions and fine customs
of Vietnam;
dd) Advertising films
through trailers or related pre-production, production, distribution, or
screening information in violation of Article 9 of the Law on Cinematography
No. 05/2022/QH15.
5. A fine ranging from 80.000.000 dong to 100.000.000 dong
shall be imposed on any of the following acts:
a) Using adverts having
detrimental effects on the solemnity of the national flag, emblem, anthem, flag
of Communist Party of Vietnam (CPV), national heroes, cultural celebrities,
leaders, or headers of CPV and State of Vietnam, except for the case specified
in Point b, Clause 2, Article 64 of this Decree;
b) Using adverts
disclosing state secrets or harms national independence, sovereignty, security,
or defense;
c) Using adverts
containing untruthful or misleading information regarding the business
capacity or supply capacity of traders; or regarding the registered or declared
quantity, quality, price, utility, design, packaging, trademark, origin, type,
service method, or warranty period of products, commodities, or services,
except for cases specified in Point b, Clause 3 of this Article, Clause 2 of
Article 53, Clause 1 of Article 69, Point b of Clause 4 of Article 70, Clause 4
of Article 71, Point a of Clause 1 of Article 79, and Point c of Clause 1 of
Article 80 of this Decree.
6. Supplementary penalties:
Deprivation of the right
to use the receipt of product declaration registration for 05 to 07 months, and
deprivation of the right to use the confirmation of advertising contents for 22
to 24 months for violations specified in Point a of Clause 2, Point b of Clause
4, and Point c of Clause 5 of this Article, in the case where supplementary
food advertising regulations are violated at least twice within a 06-month
period.
7. Remedial measures:
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b) Written apology to
organizations or individuals for the act prescribed in Point a, Clause 4 of
this Article;
c) Compulsory
rectification of untruthful information for acts prescribed in point b Clause
3, point c Clause 5 of this Article;
d) Compulsory return of
illegal profits equal to the sales revenue generated from the products,
commodities, or services from the commencement of the advertisement for acts
specified in point b Clause 3, point c Clause 5 of this Article.
Article
51. Violations against regulations on obligations of influencers as prescribed
in consumer protection laws in advertising activities
1. A fine ranging from 40.000.000 dong to 60,000,000 dong shall
be imposed on any of the following acts:
a) Failing to verify the
reliability of the advertiser;
b) Failing to inspect
documents related to the advertised products, commodities, or services;
c) Failing to fully
disclose the advertisement immediately before and during the advertising
activity.
2. A fine ranging from 60.000.000 dong to 80.000.000 dong shall
be imposed for failing disclose the advertisement immediately before and during
the advertising activity.
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4. Remedial measures:
a) Compulsory removal,
demolition and deletion of advertisements or recall of printed newspapers and
magazines containing the advertisements for acts specified in Clauses 1, 2, and
3 of this Article.
b) Compulsory recall of
products/commodities or suspension of services and return the profits generated
from the sale of such products, commodities, or services, where the owner has an
advertising contract with the influencer under consumer protection laws, or
where the influencer advertises their own products, commodities, or services,
for acts specified in points a and b, Clause 1 and Clause 3 of this Article;
c) Compulsory public written
apology for acts specified in Clauses 1, 2, and 3 of this Article.
Article
52. Violations against regulations on advertising speech and writing
1. A fine ranging from 5,000,000 dong to 10,000,000 dong shall
be imposed on any of the following acts:
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) Using advertisements in
Vietnamese that fails to preserve the linguistic purism, or is unclear or
inaccurate in expressing the intended content;
c) Running adverts for
products, commodities 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 points
a, b, c, and d Clause 2 Article 67 of this Decree;
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2. Remedial measures:
Compulsory removal,
demolition, deletion or recall of printed newspapers and magazines containing
the advertisements for acts specified in Clause 1 of this Article.
Article
53. Violations against regulations on advertising content
1. A fine ranging from 10.000.000 dong to 20.000.000 dong shall
be imposed on any of the following acts:
a) Failing to fully and
clearly display compulsory notes, recommendations, or warnings in
advertisements;
b) Using text colors that
do not contrast with the background color or text sizes smaller than the
standard size in the advertisement;
c) Failing to read the
contents of notes, recommendations, or warnings fully and clearly, or reading
them at a speed and volume non-equivalent to other contents in the same
advertisement.
2. A fine ranging from 20.000.000 dong to 40.000.000 dong shall
be imposed for advertisements containing content that is:
a) Untruthful, inaccurate,
or unclear content;
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3. Remedial measures:
a) Compulsory removal,
demolition, or deletion of advertisements or recall of printed newspapers and
magazines with advertisements for acts specified in clause 1 and 2 of this
Article;
b) Compulsory return of
illegal profits equal to the sales revenue generated from the products,
commodities, or services from the commencement of the advertisement for acts
specified in Clause 2 of this Article.
Article
54. Violations against regulations on advertising conditions
1. A fine ranging from 10.000.000 dong to 15,000,000 dong shall
be imposed on any of the following acts:
a) Failing to possess a
business registration certificate in accordance with regulations when
advertising products, commodities, or services;
b) Failing to possess
documents proving standard or regulation compliance when advertising products,
commodities, or services;
c) Failing to possess
certificates of ownership or right of use in accordance with regulations
when advertising property.
2. Remedial measures:
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Article
55. Violations against regulations on hiring advertising service providers
A fine ranging from
30.000.000 dong to 50.000.000 dong shall be imposed for advertising the products,
commodities, services, or operations of a foreign organization or individual
not operating in Vietnam without hiring advertising service providers in
Vietnam to do so.
Section
2. VIOLATIONS AGAINST REGULATIONS ON ADVERTISING ON PRINTED NEWSPAPERS,
PRODUCTS, ELECTRONIC MEANS, TERMINAL DEVICES AND OTHER TELECOMMUNICATION DEVICES
Article
56. Violations against regular regulations on online advertising
1. A fine ranging from 20.000.000 dong to 30.000.000 dong shall
be imposed upon an online advertising service provider for any of the following
acts, except for the cases specified in Clause 3 of this Article:
a) Failing to notify or
improperly notifying contact information to competent authorities in accordance
with regulations;
b) Failing to verify the
advertiser's identity, or failing to request the advertiser to provide their
business registration certificate or other valid legal documents;
c) Failing to achieve
information and documents of advertising activities in accordance with
regulations;
d) Fail to provide
technical solutions to control and eliminate violating advertisements on the
service provision system;
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e) Failing to establish a
mechanism to receive and resolve consumer complaints regarding online
advertising services;
g) Failing to comply with
online advertising transparency regulations when establishing or operating an
intermediary digital platform to provide services;
h) Failing to submit
annual or ad-hoc reports upon request of competent authorities in accordance
with regulations.
2. A fine ranging from 30.000.000 dong to 40.000.000 dong shall
be imposed online advertising operations involving any of the following acts:
a) Failing to provide
clear identifiers via numbers, text, symbols, images, or sounds to distinguish
advertising content from non-advertising content;
b) For non-fixed area
advertisements: Failing to provide recognizable features or icons that allow
users to turn off the advertisement, report violating advertisement content to
the service provider, or refuse unsuitable advertisement content in accordance
with regulations;
c) Failing to provide
solutions by the advertising service provider or advertising publisher to
monitor and verify landing content for advertisements containing hyperlinks;
d) Social network service
providers failing to provide users with features to distinguish advertising
content from other contents.
3. A fine ranging from 40.000.000 dong to 50.000.000 dong shall
be imposed upon an advertiser, advertising service provider, ad publisher, or
ad conveyer for any of the following acts:
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b) Advertising on
websites, social networks, online applications, or digital platforms that
violate the law;
c) Cooperating in
advertising with organizations, individuals, websites, social networks, online
applications, digital platforms, or social media accounts, channels, community
pages, and community groups publicly flagged for legal violations by competent
state authorities;
d) Failing to block or
remove law-violating information upon request of the Ministry of Culture,
Sports and Tourism or other competent state authorities;
dd) Failing to provide
information regarding organizations or individuals involved in online
advertising activities when detecting any signs of legal violations to
competent state authorities upon request
4. A fine ranging from 50.000.000 dong to 60.000.000 shall be
imposed upon online advertising participants for failing to block or remove
violating advertisements within 24 hours from the receipt of an authorized
request, except for the case specified in Point d, Clause 3 of this Article.
5. Remedial measures:
a) Compulsory removal of
advertisements for acts specified in Clauses 1, 2, and 3 of this Article;
b) Compulsory return of
illegal profits obtained from committing the acts prescribed in point b and
point c Clause 3 of this Article;
Article
57. Violations against regular regulations on printed newspapers
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a) Issuing advertising supplements
without issuing written notification to competent state authorities as
prescribed;
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. A fine ranging from 10.000.000 dong to 15,000,000 dong shall
be imposed on any of the following acts:
a) Advertising on the
front cover of a magazine or the front page of a newspaper;
b) Failing to provide
signs to distinguish advertising content from non-advertising content.
3. A fine ranging from 15.000.000 dong to 20,000,000 dong shall
be imposed on any of the following acts:
a) Exceeding the prescribed advertising area limit in a
newspaper or magazine edition, except for specialized advertising publications
or advertising supplements;
b) Failing to show names;
names and addresses of press agencies; and the phrase “Phụ trương quảng cáo
không tính vào giá bán” (“Advertisement supplement is not included in the
selling price”) on the first page of the advertisement supplement.
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1. A fine ranging from 10.000.000 dong to 15.000.000 dong for
the act of advertising on audio and video newspapers without providing any sign
to distinguish advertising contents from others.
2. A fine ranging from 30.000.000 dong to 50.000.000 dong shall
be imposed for displaying advertising products and official information in the
form of scrolling text or a moving image sequence that commits any of the
following violations:
a) The advertising area
exceeds 10% of the screen area;
b) The advertisement
affects the main content of the program;
c) The advertising product
is displayed at the bottom edge of the screen.
3. A fine ranging from 50.000.000 dong to 100.000.000 dong
shall be imposed on any of the following acts:
a) Advertising on
free-to-air broadcast channels in excess of 10% of the total daily broadcast
duration of such channels, except for specialized advertising channels;
b) Advertising on pay-TV
channels in excess of 5% of the total daily broadcast duration of such
channels, except for specialized advertising channels;
c) Advertising during news
programs;
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dd) Advertising during
entertainment programs or films with a duration of under 05 minutes
e) Advertising more than
once in an entertainment program or film with duration from 05 minutes to under
15 minutes;
g) Interrupting programs
to place advertisements in contravention of the provisions of law during
entertainment programs or films with duration of 15 minutes or longer;
h) Advertising duration of
each commercial break during entertainment programs or films exceeding 5
minutes;
i) Screening an entire
film for advertising purposes without a valid film distribution license from
the competent authorities or a broadcasting decision by the head of the
television or radio-television station;
k) Failing to comply with
conditions prescribed in Clause 5a Article 22 of the Law on Advertising No.
16/2012/QH13 (as amended and supplemented by Law No. 75/2025/QH15) when
transmitting or broadcasting live international events or foreign sports
programs containing pre-existing advertisements of banned products,
commodities, or services.
4. A fine ranging from 150.000.000 dong to 200.000.000 dong
shall be imposed for producing a specialized advertising channel without a
license from competent regulatory bodies.
5. Remedial measures:
Compulsory return of
illegal profits obtained from committing the acts prescribed in Clauses 1, 2,
3, and 4 of this Article;
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1. A fine ranging from 6.000.000 dong to 10.000.000 dong shall
be imposed for failing to specify the following contents on paintings,
pictures, posters, catalogs, flyers, leaflets, and other non-publication
printed products, except for cases specified in Clauses 2 and 5 of this Article:
a) Advertiser's
name/address;
b) Print run;
c) Printing facility
name/address.
2. A fine ranging from 10.000.000 dong to 15.000.000 dong shall
be imposed for any of the following acts per type of non-publication printed
product:
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.
3. A fine ranging from 15.000.000 dong to 20.000.000 dong shall
be imposed on any of the following acts per title of printed publication:
a) Advertising in excess
of the prescribed space as prescribed or running advertisements of which
content and images do not accord with Vietnamese fine customs and traditions on
tear-off block calendars;
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c) 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;
d) 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;
dd) 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.
4. A fine ranging from 20.000.000 dong to 25.000.000 dong for
blending advertisements into the content or interrupting the content of an
electronic publication title.
5. A fine ranging from 25.000.000 dong to 30.000.000 dong shall
be imposed on advertising on:
a) Printed or electronic
publications that are administrative maps;
b) Printed products that
are currency, valuable papers, diplomas, certificates, or state management
documents.
6. A fine ranging from 40.000.000 dong to 50.000.000 dong shall
be imposed for advertising one or more products, commodities, or services
prohibited from advertising in accordance with Article 7 of Law on Advertising
No. 16/2012/QH13 in any of the following cases:
a) On each non-publication
printed product;
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c) On each electronic
publication title.
7. Remedial measures:
Destruction of violating
exhibits if they constitute harmful cultural products, or removal of violating
advertising content for acts specified in Clauses 4, 5, and 6 of this Article;
Section
3. VIOLATIONS AGAINST REGULATIONS ON ADVERTISING ON MEANS OF ADVERTISING
Article
60. Violations against regulations on advertising on billboards or banners
1. A fine ranging from 1.000.000 dong to 2.000.000 dong shall
be imposed on any of the following acts:
a) Hanging, erecting,
placing and installing each billboard or banner out of approved zoning or
positions approved by the competent state authorities;
b) Failing to specify
name, address of the advertising maker on each billboard or banner.
2. A fine ranging from 2.000.000 dong to 5.000.000 dong shall
be imposed on any of the following acts:
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b) Failing to remove the
banner exceeding the time limit stated in the notice; failing to remove
billboards or banners that are torn, broken or unaesthetic.
3. A fine ranging from 5.000.000 dong to 10.000.000 dong shall
be imposed on any of the following acts:
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 that exceeds the prescribed area limit on billboards or
banners containing political or socio-political propaganda and promotional
content;
c) Advertising on
billboards or banners that are in breach of regulations on protected perimeters
of historical - cultural relics; safety corridors of roads, dikes, or
national power grids; obscure traffic lights; block roads or public signage;
d) Making modifications to
falsify advertisement contents that have been 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. A fine ranging from 10.000.000 dong to 15.000.000 dong shall
be imposed for failing to submit advertising product notification to the
competent state authorities under regulations.
5. Remedial measures:
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Article
61. Violations against regulations on advertising on specialized advertising
screens
1. A fine ranging from 1.000.000 dong to 2.000.000 dong shall
be imposed for mounting or installing a specialized advertising screen that
fails to meet technical regulations on outdoor advertising media or local
outdoor advertising zoning.
2. A fine ranging from 10.000.000 dong to 20.000.000 dong shall
be imposed for advertisements on outdoor specialized advertising screens
containing any of the following content:
a) Using sound;
b) Using screen lighting
on advertising screens that affects traffic safety.
3. A fine ranging from 20.000.000 dong to 30.000.000 dong shall
be imposed upon the lawful owner or user of a specialized advertising screen
for failing to apply technical measures to prevent and block cyberattacks and
ensure network information safety and security.
4. A fine ranging from 30.000.000 dong to 40.000.000 dong shall
be imposed upon an online advertising service provider for any of the following
acts:
a) Fail to provide
technical solutions for ad publishers and advertisers to control and eliminate
law-violating advertisements on a networked system of specialized advertising
screens;
b) Failing to install
equipment for collecting and identifying images, videos, and personal data on
specialized advertising screens;
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d) Failing to store or
provide information regarding the quantity of advertising products; names of
advertised products, commodities, or services; broadcasting schedules and
times; and names of entities or enterprises responsible for the advertising
products.
5. A fine ranging from 40.000.000 dong to 50.000.000 dong shall
be imposed on any of the following acts:
a) Failing to block or
remove law-violating information upon request of the Ministry of Culture,
Sports and Tourism or other competent state authorities (applicable to
advertising service providers);
b) Executing
advertisements via networked specialized advertising screens installed inside
elevators that compromises elevator safety requirements;
c) Installing and using
data collection devices on networked specialized advertising screens for
purposes other than statistical analysis of viewership numbers or ad outreach
efficiency without the consent of personal data subjects during collection and
use.
6. A fine ranging from 50.000.000 dong to 60.000.000 dong shall
be imposed for failing to guarantee the capability to log display history,
times, and advertising content for inspection purposes; or failing to comply
with network information safety regulations for networked specialized
advertising screen systems.
7. Remedial measures:
a) Compulsory cessation of
sound use or modification of screen lighting to ensure traffic safety for acts
specified in Clause 1 of this Article;
b) Compulsory removal of
specialized advertising screens for acts specified in Clause 1, Clause 3,
Points b and c of Clause 5, and Clause 6 of this Article;
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Article
62. Violations against regulations on advertisements that are not aesthetically
pleasing, and affect traffic order, safety, society and on means of transport
1. A warning shall be issued for handing out flyers that are
not aesthetically pleasing, and affect traffic order and safety and the society.
2. A fine ranging from 2.000.000 dong to 5.000.000 dong shall
be imposed on any of the following acts:
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. A fine ranging from 5.000.000 dong to 10.000.000 dong shall
be imposed upon 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. Remedial measures:
a) Compulsory destruction
of violating exhibits for the acts prescribed in Clause 1 of this Article in
cases where the violating exhibits are environmentally hazardous items or
cultural products having detrimental effects;
b) Compulsory removal or
deletion of advertisements for acts specified in Clause 2 of this Article.
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1. A fine ranging from 1.000.000 dong to 3.000.000 dong shall
be imposed for using loudspeakers and other similar forms at offices of
authorities, armed forces, schools or hospitals.
2. A fine ranging from 5.000.000 dong to 10.000.000 dong shall
be imposed on any of the following acts:
a) Advertising by
using loudspeakers and other similar forms mounted on vehicles or other mobile
means in urban areas;
b) Advertising national
brands on commune-level radio stations in contravention of the provisions of
law.
3. Supplementary penalties:
Confiscation of violating
exhibits for the acts prescribed in Clause 1 and Point a Clause 2 of this
Article.
4. Remedial measures:
Compulsory payment of an
amount equal to the value of the administrative violation exhibits for the acts
prescribed in Clause 1 and point a Clause 2 of this Article in cases where the
violating exhibits have been consumed, dispersed, or destroyed contrary to the
provisions of law.
Article
64. Violations against regulations on 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. A fine ranging from 5.000.000 dong to 10.000.000 dong shall
be imposed on any of the following acts:
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. Remedial measures:
Compulsory removal, demolition, erasure or deletion of
advertisements for acts specified in Clauses 1 and 2 of this Article.
Article
65. Violations against regulations on management of street teams
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2. A fine ranging from 10.000.000 dong to 15.000.000 dong shall
be imposed for failing to submit advertising product notification to the
competent state authorities under regulations.
Article
66. Violations against regulations on advertising in audio and video
recordings, and advertising within film content
1. A fine ranging from 10.000.000 dong to 20.000.000 dong shall
be imposed for inserting advertisements into audio or video recordings of
cultural, artistic, or cinematographic programs, Or in audio or video
recordings intended to replace or illustrate books, where the advertisement's
duration exceeds total time length of main content as prescribed, except for
advertising on audio and video newspapers.
2. A fine ranging from 20.000.000 dong to 30.000.000 dong shall
be imposed for the act of inserting advertisements for products, commodities,
or services into film content that fall under any of the following provisions:
a) Failing to provide a
notification via text, speech, symbols, or program icons must prior to the
commencement of the film dissemination;
b) Failing to provide a
notification via text or speech specifying the names of the advertised
products, commodities, or services; and their compulsory recommendations and
warnings in advertisements of special products, commodities, or services prior
to the commencement of the film dissemination.
Article
67. Violations against regulations on signboards
1. A fine ranging from 5.000.000 dong to 10.000.000 dong shall
be imposed on any of the following acts:
a) Failing to fully
display the direct managing agency’s name on the signboard; the name of the
production or business establishment in accordance with the business
registration certificate or the enterprise registration certificate; addresses
and telephone numbers;
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2. A fine ranging from 10.000.000 dong to 15.000.000 dong shall
be imposed on any of the following acts:
a) Displaying an incorrect
or incomplete name in Vietnamese on the signboard;
b) Displaying foreign
language in place of Vietnamese on signboards;
c) Displaying proper
names, abbreviations, or international trade names in foreign language above
the Vietnamese text on the signboard;
d) Displaying names, abbreviations, or international trade
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. A fine ranging from 15.000.000 dong to 20.000.000 dong shall
be imposed on any of the following acts:
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;
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4. Remedial measures:
Compulsory removal of
signboards for acts specified in Clauses 1, 2, and 3 of this Article.
Section
4. VIOLATIONS AGAINST REGULATIONS ON ADVERTISING FOR SPECIAL PRODUCTS,
COMMODITIES OR SERVICES
Article
68. Violations against general regulations on advertising special products,
commodities, or services; validation of contents of advertisement for special
products, commodities, or services
1. A fine ranging from 30.000.000 dong to 40.000.000 dong shall
be imposed on any of the following acts:
a) Advertising special
products, commodities, or services without a valid documents or information
proving the circulation/commercial practice permission in Vietnam in accordance
with regulations, except for special products, commodities, or services not
subject to licensing;
b) Advertising special
products, commodities, or services without having the advertising content
validated by competent state authorities prior to execution.
2. Supplementary penalties:
Deprivation of the right
to use the Certificate of eligibility for pharmaceutical business, the
acknowledgement of receipt of product declaration, healthcare examination and
treatment license for the duration of between 01 and 03 months for violations
prescribed in clause 1 of this Article, if the pharmaceutical, food, or
healthcare examination and treatment advertisement commits the same violation
at least 02 times within a 06-month period.
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Compulsory removal,
demolition, or deletion of advertisements or recall of printed newspapers and
magazines containing advertisements for acts specified in Clause 1 of this
Article;
Article
69. Violations against regulations on drug advertising
1. A fine ranging from 5.000.000 dong to 10.000.000 dong shall
be imposed on any of the following acts:
a) Failing to clearly read
the name of the drug, active ingredients or drug materials, contraindications,
warnings for special populations, and the warning “Đọc kỹ hướng dẫn sử dụng trước
khi dùng” (“Read the user instructions carefully before use”) when advertising
drugs on audio newspapers, video newspapers, electronic press, websites,
electronic devices, specialized advertising screens, or other audio-enabled
advertising media as prescribed;
b) Failing to fully
display the drug name; active ingredients or drug materials; name and address
of the manufacturer, and the warning “Đọc kỹ hướng dẫn sử dụng trước khi dung”
(“Read the user instructions carefully before use”) for drug advertisements on
outdoor advertising media.
2. A fine ranging from 10.000.000 dong to 20.000.000 dong shall
be imposed for advertisements that fail to specify any of the following content:
a) Drug name;
b) Active ingredients or
drug materials;
c) Indications, except for
indications excluded from advertising content by law;
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dd) Name and address of
the drug manufacturer;
e) The warning “Đọc kỹ hướng
dẫn sử dụng trước khi dung” (“Read the user instructions carefully before use”).
3. A fine ranging from 20.000.000 dong to 30.000.000 dong shall
be imposed on any of the following acts:
a) Advertising drugs of
which content is inconsistent with the marketing authorization in Vietnam or
the instruction leaflet approved by a competent state authority or the treatise
on that drug that has been recorded in the National Pharmacopoeia or in the
drug-related documents recognized by the competent authority in the country of
manufacture;
b) Advertising drugs of
which content has been adjusted compared to the issued certificate of drug
advertisement contents without providing written notification of such
adjustments to the issuing authority;
c) Failing to submit a
written notification of advertising time and location and a copy of the
approved certificate of drug advertisement contents to the People's Committee
of the province where the drug advertising seminar, conference, or event is
organized prior to its commencement.
4. A fine ranging from 30.000.000 dong to 40.000.000 dong shall
be imposed on any of the following acts:
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 that
have not recognized by the Ministry of Health; using material benefits, names
or titles of organizations or individuals or any symbols, images, status,
prestige, letters, or patient testimonials to advertise drugs;
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d) Providing inaccuracy
declarations in the application for certificate of drug advertisement contents;
dd) Advertising a drug
without possessing a certificate of drug advertisement contents issued by the
competent state authority, or failing to compliance with the issued
certificate, or using an expired certificate;
e) Advertising a drug that
has not been granted a marketing authorization or whose marketing authorization
has expired.
5. Remedial measures:
a) Compulsory
rectification of untruthful information for acts prescribed in Point a of
Clause 1 and Clause 2 of this Article;
b) Compulsory removal,
demolition, deletion or erasure of advertisements or recall of printed
newspapers and magazines containing advertisements for acts specified in point
b Clause 1 and Clauses 2, 3, and 4 of this Article.
Article
70. Violations against regulations on cosmetic advertising
1. A fine ranging from5.000.000 dong to 10.000.000 dong shall
be imposed for 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. A fine ranging from 10.000.000 dong to 15.000.000 dong shall
be imposed on any of the following acts:
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b) Failing to display via
text or provide full information to viewers for cosmetic advertisements on
video newspapers with duration of under 30 seconds.
3. A fine ranging from 15.000.000 dong to 20.000.000 dong shall
be imposed on any of the following acts:
a) Advertising cosmetics
with content that does not comply with the Cosmetic declarations;
b) Advertising a cosmetic
product that do not contain any of the following contents: the cosmetic name, its features/effects (unless specifying
in the product name), the name and address of the declarant; and warnings
prescribed by international agreements;
c) Using images, uniforms,
names, letters, or articles of healthcare facilities, doctors, pharmacists, or
other medical personnel to advertise cosmetics.
4. A fine ranging from 30.000.000 dong to 40.000.000 dong shall
be imposed on any of the following acts:
a) Advertising cosmetics
that have not been issued a receiving number of the cosmetic product
declaration form or the receiving number of the cosmetic product declaration
form has expired;
b) Advertising cosmetics
whose content is inconsistent with the actual nature, classification, features,
or effects of the product as declared, or advertising cosmetics to the extent
that they are misunderstood as medicines.
5. Remedial measures:
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b) Compulsory removal,
demolition, or deletion of advertisements or recall of printed newspapers and
magazines with advertisements for acts specified in Clauses 3 and 4 of this
Article;
c) Compulsory return of
illegal profits obtained from committing the acts prescribed in Clause 4 of
this Article;
Article
71. Violations against regulations on advertising for foods
1. A fine ranging from 5.000.000 dong to 10.000.000 dong shall
be imposed on any of the following acts:
a) Advertising health
supplements without the phrase “Thực phẩm bảo vệ sức khỏe” (“Health
supplements”);
b) Advertising food supplements
without the phrase “Thực phẩm bổ sung” (“Food supplements”)
c) Advertising medical
foods without the phrase “Thực phẩm dinh dưỡng y học” (“Medical foods”) or the
phrase “Sử dụng cho người bệnh với sự giám sát của nhân viên y tế” (“To be used
under the supervision of medical personnel”);
d) Advertising foods for
special dietary uses without the phrase “Sản phẩm dinh dưỡng cho (“Nutritional
supplements for”) (specify the targeted user group)”.
2. A fine ranging from 10.000.000 dong to 15.000.000 dong shall
be imposed on any of the following acts:
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b) Advertising health
supplements that do not contain any of the following contents: the product's effects, health warnings (if any), or the
warning " Thực phẩm này không phải là thuốc và không có tác dụng thay thế
thuốc chữa bệnh” (“This product is not a drug and does not serve as a substitute
for curative drugs”), except for the case specified in Point c of this Clause;
c) Advertising health
supplements on audio or video newspapers with a short duration of under 15
seconds without including the disclaimer in the advertising content;
d) Using public electronic
devices or distributing or presenting printed materials, audio/video recording,
audio/video recordings, or data storage devices at fairs, seminars,
conferences, or exhibitions to introduce food that do not conform to the
conformity declaration, product declaration, product self-declaration, or
advertisement content confirmation dossier.
3. A fine ranging from 15.000.000 dong to 20.000.000 dong shall
be imposed for organizing fairs, seminars, conferences, or exhibitions that distribute
or present printed materials, audio/video recordings, or data storage devices
introducing food products whose content has not been validated by competent
state authorities in accordance with regulations.
4. A fine ranging from 20.000.000 dong to 30.000.000 dong shall
be imposed for advertising food whose content publishes, links, quotes, or
cites patient opinions describing the food as a medicine.
5. Supplementary penalties:
a) Deprivation of the
right to use the receipt of product declaration registration for 01 to 03
months for the act specified in Clause 3 of this Article, in the case where
advertising regulations on health supplements are violated at least twice
within a 06-month period.
b) Deprivation of the
right to use the receipt of product declaration registration for 03 to 05
months, and deprivation of the right to use the confirmation of advertising
contents for 20 to 24 months for acts specified in Clause 4 of this Article, in
the case where advertising regulations on health supplements are violated at
least twice within a 06-month period.
6. Remedial measures:
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b) Compulsory removal,
demolition, deletion or erasure of advertisements or recall of printed
newspapers and magazines containing advertisements for acts specified in Clause
1, Points a, b, and c of Clause 2, and Clause 4 of this Article.
c) Destruction of
violating exhibits for the acts prescribed in Clause 1 of this Article in cases
where the violating exhibits are items hazardous to human health, livestock,
crops, or the environment, or cultural products having detrimental effects.
Article
72. Violations against regulations on advertising chemicals, insecticides and
germicides for domestic and medical use
1. A fine ranging from 10.000.000 dong to 20.000.000 dong shall
be imposed for advertising insecticides or germicides for domestic and medical
use that do not conform to the Certificate of marketing authorization issued by
the competent state authorities.
2. A fine ranging from 10.000.000 dong to 20.000.000 dong shall
imposed for advertising chemicals or insecticides or germicides for domestic
and medical use not containing any of the following contents:
a) Name of the chemical or
insecticide or germicide for domestic and medical use;
b) Name and address of the
holder of the marketing authorization number;
c) Features and effects;
d) The warning: “Đọc kỹ hướng
dẫn sử dụng trước khi dung” (“Read the user instructions carefully before use”);
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3. A fine ranging from 20.000.000 dong to 30.000.000 dong shall
be imposed for advertising or publishing advertisements for insecticides or
germicides for domestic and medical use that have not been granted a Marketing
Authorization by the Ministry of Health.
4. Remedial measures:
Compulsory removal,
demolition and deletion of advertisements or recall of printed newspapers and
magazines containing the advertisements for acts specified in Clauses 1, 2, and
3 of this Article.
Article
73. Violations against regulations on medical devices
1. A fine ranging from 5.000.000 dong to 10.000.000 dong shall
be imposed on any of the following acts:
a) Advertising a medical
device that do not conform to the Certificate of marketing authorization,
Receipt of declaration of applicable standards, or Import license issued by
competent state authorities;
b) Failing to provide
health warnings for users or storage conditions (if any).
2. A fine ranging from 10.000.000 dong to 20.000.000 dong shall
be imposed for medical device advertisements that fail to specify any of the
following content:
a) Name of the medical
device and its intended purpose;
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c) Name and address of the
importer (applicable to medical devices required to have a marketing
authorization number or an import license);
d) Name and address of the
advertiser (applicable to medical devices not required to have a marketing
authorization number or an import license).
3. A fine ranging from 20.000.000 dong to 30.000.000 dong shall
be imposed for using images or information of healthcare facilities, doctors,
pharmacists, or other medical personnel when advertising a medical device.
4. Remedial measures:
a) Compulsory rectification
of untruthful information for acts prescribed in Point b of Clause 1 and Clause
2 of this Article;
b) Compulsory removal,
demolition and deletion of advertisements or recall of printed newspapers and
magazines containing the advertisements for acts specified in Clauses 1, 2, and
3 of this Article.
Article
74. Violations against regulations on advertising dairy products and
nutritional supplements for children not falling under the cases specified in
Clause 4, Article 7 of the Law on Advertising No. 16/2012/QH13
1. A fine ranging from 10.000.000 dong to 15.000.000 dong shall
imposed for advertising dairy products and nutritional supplements for children
that do not conform to the receipts of conformity declaration or the product
declaration or the product self-declaration.
2. A fine ranging from 15.000.000 dong to 20.000.000 dong shall
be imposed for advertising dairy products and nutritional supplements that
fails to provide any of the following contents:
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b) The name and address of
the organization or individual responsible for the product.
3. A fine ranging from 20.000.000 dong to 30.000.000 dong shall
be imposed for advertising nutritional supplements for children under 24
months of age where the content fails to meet any of the following requirements:
a) The opening of the
advertisement must contain the phrase: “This
product is a nutritional supplement and is to be fed to children over 06 months
of age in addition to breast milk”;
b) It contains the
advisory “Breast milk is the best food for the health and comprehensive
development of young children”;
c) It complies with
regulations on information, education, and communication materials for children
nurturing and the use of nutritional supplements for children in accordance
with regulations.
4. Remedial measures:
a) Compulsory
rectification of untruthful information for acts prescribed in Clauses 1 and 2
of this Article;
b) Compulsory removal,
demolition and deletion of advertisements or recall of printed newspapers and
magazines containing the advertisements for acts specified in Clauses 1, 2, and
3 of this Article.
Article
75. Violations against regulations on advertising for healthcare services
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a) Name, address,
operating license number, and operating hours of the healthcare facilities;
b) Scope of professional
practice specified in the medical examination and treatment practicing license.
2. A fine ranging from 20.000.000 dong to 30.000.000 dong shall
be imposed on any of the following acts:
a) Advertising the
diagnosis or selection of embryo or fetal gender;
b) Advertising or
brokering the donation or receipt of human body parts for commercial purposes.
3. A fine ranging from 30.000.000 dong to 40.000.000 dong shall
be imposed for advertising healthcare services without a medical examination
and treatment practicing license or a medical examination and treatment
practicing certificate.
4. A fine ranging from 40.000.000 dong to 60.000.000 dong shall
be imposed for advertising beyond the scope of professional practice or
technical scope authorized by competent authorities.
5. Supplementary penalties:
a) Deprivation of the right
to use the medical examination and treatment practicing license for 01 to 03
months for the act specified in Clause 1 of this Article;
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c) Deprivation of the
right to use the medical examination and treatment practicing license or
medical examination and treatment practicing certificate for 03 to 06 months
for the act specified in Clause 4 of this Article.
6. Remedial measures:
Compulsory removal,
demolition and deletion of advertisements or recall of printed newspapers and
magazines containing the advertisements for acts specified in Clauses 1, 2, 3,
and 4 of this Article.
Article
76. Violations against regulations on advertising for pesticides
1. A fine ranging from 5.000.000 dong to 10,000,000 dong shall
be imposed for advertising pesticides that does not conform the content
specified in the Certificate of registration of pesticide.
2. A fine ranging from 10.000.000 dong to 20.000.000 dong shall
be imposed on any of the following acts:
a) Advertising pesticides
not included in the list of pesticides permitted for use in Vietnam;
b) Advertising pesticides
that does not contain any of the following contents: name of the drug, active ingredients and their
concentrations; features, effects, and precaution notes for use and storage;
name and address of the organization or individual responsible for marketing
the product; functions, uses, effects and usage or storage warnings.
3. A fine ranging from 25.000.000 dong to 40.000.000 dong shall
be imposed for the act of advertising pesticides prohibited for use in Vietnam.
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a) Compulsory
rectification of untruthful information for acts specified in Clause 1 of this
Article;
b) Compulsory removal,
demolition and deletion of advertisements or recall of printed newspapers and
magazines containing the advertisements for acts specified in Clauses 1, 2, and
3 of this Article.
Article
77. Violations against regulations on veterinary drug advertising
1. A fine ranging from 10.000.000 dong to 20.000.000 dong shall
be imposed on any of the following acts:
a) Advertising veterinary
drugs that does not conform the content specified in the Certificate of
veterinary drug marketing authorization and the summary of product
characteristics in accordance with regulations;
b) Advertising veterinary
drugs that do not contain any of the following contents: name of the drug, active ingredients and their
concentrations; features, effects, and precaution notes for use and storage;
name and address of the organization or individual responsible for marketing
the product; functions, uses, effects and usage or storage warnings.
2. A fine ranging from 20.000.000 dong to 30.000.000 dong shall
be imposed for advertising veterinary drugs that have not been granted a
Certificate of veterinary drug marketing authorization by competent state
authorities.
3. Remedial measures:
a) Compulsory
rectification of untruthful information for acts specified in Clause 1 of this
Article;
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Article
78. Violations against regulations on fertilizer advertising
1. A fine ranging from 10.000.000 dong to 15.000.000 dong shall
be imposed for advertising a fertilizer that does not conform to the content
specified in the Decision on recognition of fertilizers permitted for
circulation in Vietnam.
2. A fine ranging from 15.000.000 dong to 20.000.000 dong shall
be imposed for advertising a fertilizer that fails to provide any of the
following content:
a) Fertilizer name and
method of application;
b) The name and address of
the organization or individual responsible for marketing the product.
3. A fine ranging from 20.000.000 dong to 30.000.000 dong shall
be imposed for advertising a fertilizer that has not been granted a Decision on
recognition of fertilizers permitted for circulation in Vietnam.
4. Remedial measures:
a) Compulsory
rectification of untruthful information for acts prescribed in Clauses 1 and 2
of this Article;
b) Compulsory removal,
demolition and deletion of advertisements or recall of printed newspapers and
magazines containing the advertisements for acts specified in Clauses 1, 2, and
3 of this Article.
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1. A fine ranging from 10.000.000 dong to 20.000.000 dong shall
be imposed on any of the following acts:
a) Advertising
untruthfully regarding the nature, effects, quality, source, or origin of aquaculture
feed, animal feed, environmental remediation products, and farming
environmental remediation products;
b) Advertising aquafeeds,
animal feeds, aquatic environmental remediation products, and farming
environmental remediation products without providing any of the following
contents: product name; features, effects,
characteristics, and cautionary notes for use and storage; or the name and
address of the organization or individual responsible for marketing the product.
2. Remedial measures:
a) Compulsory
rectification of untruthful information for acts specified in Clause 1 of this
Article;
b) Compulsory removal,
demolition, or deletion of advertisements or recall of printed newspapers and
magazines with advertisements for acts specified in Clause 1 of this Article;
Article
80. Violations against regulations on advertising plant varieties
1. A fine ranging from 5.000.000 dong to 10.000.000 dong shall
be imposed on any of the following acts:
a) Advertising plant
varieties that are not major plant species
prior to its self-declaration for circulation in Vietnam or before obtaining a
Decision on recognition of plant variety circulation or a Decision on special
recognition of plant variety circulation;
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c) Advertising a plant
variety with incorrect information, or to the extent of misleading information
regarding commercial capacity of the variety business (such as quantity,
quality, or selling price), its labeling content, or its trademark.
2. A fine ranging from
10.000.000 dong to 15.000.000 dong shall be imposed on any of the following
acts:
a) Advertising plant
varieties that are not major plant species without
obtaining a decision on recognition of plant variety circulation or a decision
on special recognition of plant variety circulation or not in the list of plant
varieties permitted for manufacturing or trading in Vietnam or without
obtaining a decision on recognition of new plant varieties;
b) Advertising plant
varieties without providing any of the following contents: name, origin of the plant variety; name and address of the
business or person responsible for marketing the plant variety;
c) The content of an
advertisement for plant variety is not consistent with
information specified in the decision on recognition of plant variety
circulation, the decision on special recognition of plant variety circulation,
or announcement of information about the plant variety subject
to self-declaration.
3. Remedial measures:
a) Compulsory
rectification of untruthful information for acts specified in Clause 1 of this
Article;
b) Compulsory return of
illegal profits equal to the sales revenue generated from the products,
commodities, or services from the commencement of the advertisement for acts
specified in point c Clause 1 of this Article.
c) Compulsory removal,
demolition and deletion or erasure of advertisements or 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. A fine ranging from
10.000.000 dong to 20.000.000 dong shall imposed for advertising aquaculture
breeds, livestock breeds, or livestock breed products without proving any of
the following contents: product name; features,
effects, characteristics, and cautionary notes for use and storage; or the name
and address of the organization or individual responsible for marketing the
breed products or breeds.
2. Remedial measures:
Compulsory removal,
demolition, or deletion of advertisements or recall of printed newspapers and
magazines with advertisements for acts specified in Clause 1 of this Article;
Chapter
IV
AUTHORITY
TO IMPOSE ADMINISTRATIVE PENALTIES, AND APPLY REMEDIAL MEASURES IN
CULTURAL AND ADVERTISING
Article
82. Authority to issue administrative violation notices
1. Persons competent to
impose administrative penalties as prescribed from Article 83 to Article 91 of
this Decree shall perform their functions, duties, and powers as assigned in
accordance with Article 92 of this Decree.
2. Civil servants, public
employees, and inspectors who are members of an inspectorate, head of
inspectorate, and members of the People’s Army or People’s Public Security
forces who are on duty are performing assigned tasks in culture and advertising
shall have the power to issue notices of administrative violations in
accordance with regulations.
3. Aircraft commanders,
train masters, and ship captains who are on duty according to their assigned
functions and powers in the culture and advertising shall have the power to issue
notices of administrative violations occurring on aircraft, ships and other
inland watercraft.
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1. Chairpersons of
Commune-level People’s Committees shall have the power to:
a) Issue warnings;
b) Impose fines up to
25.000.000 dong for administrative violations against regulations on culture;
impose fines up to 50.000.000 dong for administrative violations in advertising;
c) Deprive the right to
use licenses or practicing certificates for a definite period, or suspend
operations for a definite period;
d) Confiscate exhibits and
means used for committing administrative violations;
dd) Apply the remedial
measures prescribed in Article 5 of this Decree.
2. Chairpersons of provincial-level People’s Committees shall
have the power to:
a) Issue warnings;
b) Impose fines up to
50.000.000 dong for administrative violations against regulations on culture;
impose fines up to 100.000.000 dong for administrative violations in
advertising;
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d) Confiscate exhibits and
means used for committing administrative violations;
dd) Apply the remedial
measures prescribed in Article 5 of this Decree.
Article
84. Power to impose penalties of heads of state management authorities
specializing in specific sectors and fields and certain other titles
1. Directors of Regional Livestock and Veterinary
Sub-departments under the Department of Livestock and Veterinary; Directors of
Regional Plant Quarantine Sub-departments under the Department of Crop
Production and Plant Protection; Directors of Regional Agro-Forestry-Fisheries
Quality, Processing, and Market Development Sub-departments for the Central
Region and Southern Region under the Department of Agro-Forestry-Fisheries
Quality, Processing, and Market Development; Directors of Sub-departments in
the fields of crop production, plant protection, livestock production,
veterinary medicine, agro-forestry-fisheries quality management, water
resources, dikes, and disaster management under the Department of Agriculture
and Environment; Directors of Sub-departments in the fields of fisheries and
fisheries resources surveillance under Department of Agriculture and
Environment; Directors of Food Safety Sub-departments and Directors of
Sub-departments in population and children under Department of Health; Heads of
regional road management authorities under the Vietnam Road Administration; and
Directors of Northern and Southern Maritime and Inland Waterway Sub-departments
shall have the power to:
a) Issue warnings;
b) Impose fines up to
25.000.000 dong for administrative violations against regulations on culture;
impose fines up to 50.000.000 dong for administrative violations in advertising;
c) Deprive the right to
use licenses or practicing certificates for a definite period, or suspend
operations for a definite period;
d) Confiscate exhibits and
means used for committing administrative violations;
dd) Apply the remedial
measures prescribed in Article 5 of this Decree.
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a) Issue warnings;
b) Impose fines up to
40.000.000 dong for administrative violations against regulations on culture;
impose fines up to 80.000.000 dong for administrative violations in advertising;
c) Deprive the right to
use licenses or practicing certificates for a definite period, or suspend
operations for a definite period;
d) Confiscate exhibits and
means used for committing administrative violations;
dd) Apply the remedial
measures prescribed in Article 5 of this Decree.
3. The Director of the Vietnam Road Administration; Director of
the Maritime and Inland Waterway Administration of Vietnam; Director of the
Civil Aviation Authority of Vietnam; Director of the Vietnam Railway Authority;
Director of the Department of Crop Production and Plant Protection; Director of
the Department of Livestock and Veterinary; Director of the Department of
Fisheries and Fisheries Resources Surveillance; Director of the Department of
Construction and Management of Irrigation Works; Director of the Department of
Dike Management and Disaster Management; Director of the Department of Quality,
Processing and Market Development; Director of the Department of Medical
Examination and Treatment Administration; Director of the Drug Administration
of Vietnam; Director of the Food Safety Administration; Director of the
Department of Population; Director of the Department of Disease Prevention;
Director of the Authority of Press; Director of the Authority of Broadcasting
and Electronic Information; Director of the Authority of Publication, Printing
and Distribution; Director of the Department of Cultural Heritage; Director of
the Department of Grassroots Culture, Family and Libraries; Director of the
Agency for Fine Arts, Photography and Exhibition; Director of the Agency for
Performing Arts; Director of the Vietnam Film Department; Chief of Office of
the Ministry of Culture, Sports and Tourism shall have the power to:
a) Issue warnings;
b) Impose fines up to
50.000.000 dong for administrative violations against regulations on culture;
impose fines up to 100.000.000 dong for administrative violations in
advertising;
c) Deprive the right to use
licenses or practicing certificates for a definite period, or suspend
operations for a definite period;
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dd) Apply the remedial
measures prescribed in Article 5 of this Decree.
4. Heads of inspectorates established by the Directors of the
Departments specified in Clause 3 of this Article shall have the power to
impose penalties on violations prescribed in Clause 2 of this Article
Heads of inspectorates
established by the Minister of Culture, Sports and Tourism shall have the power
to impose penalties on violations prescribed in Clause 3 of this Article.
Article
85. Power to impose penalties of Inspectorate
1. Inspectors of the Ministry of National Defense, inspectors
of Maritime Administration, and inspectors of Civil Aviation Authority shall
have the power to:
a) Issue warnings;
b) Impose fines up to
5.000.000 dong for administrative violations against regulations on culture;
impose fines up to 10.000.000 dong for administrative violations in advertising;
c) Confiscate exhibits and
means used for committing administrative violations of which value does not
exceed 10.000.000 dong in the field of culture; 20.000.000 dong in the field of
advertising.
2. Heads of inspectorates of Maritime Administration,
inspectors of Civil Aviation Authority, Heads of inspectorates The Chief
Inspector of the of military zones and the Capital High Command shall have the
power to:
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b) Impose fines up to
25.000.000 dong for administrative violations against regulations on culture;
impose fines up to 50.000.000 dong for administrative violations in advertising;
c) Confiscate exhibits and
means used for committing administrative violations;
d) Apply the remedial
measures prescribed in Article 5 of this Decree.
3. The Chief Inspector of the Maritime
Administration; Chief Inspector of the Civil Aviation Authority; Chief
Inspector of defense of military zones; and Chief Inspector of defense of the
Hanoi Capital High Command shall have the power to:
a) Issue warnings;
b) Impose fines up to
40.000.000 dong for administrative violations against regulations on culture;
impose fines up to 80.000.000 dong for administrative violations in advertising;
c) Deprive the right to
use licenses or practicing certificates for a definite period, or suspend
operations for a definite period;
d) Confiscate exhibits and
means used for committing administrative violations;
dd) Apply the remedial
measures prescribed in Article 5 of this Decree.
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a) Issue warnings;
b) Impose fines up to
50.000.000 dong for administrative violations against regulations on culture;
impose fines up to 100.000.000 dong for administrative violations in
advertising;
c) Deprive the right to
use licenses or practicing certificates for a definite period, or suspend
operations for a definite period;
d) Confiscate exhibits and
means used for committing administrative violations;
dd) Apply the remedial
measures prescribed in Article 5 of this Decree.
Article
86. Power to impose penalties of People's Public Security
1. Officers of the People's
Public Security on duty shall have the power to:
a) Issue warnings;
b) Impose fines up to
5.000.000 dong for administrative violations against regulations on culture;
impose fines up to 10.000.000 dong for administrative violations in advertising;
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2. Heads of Mobile Police units at the company level shall have
the power to:
a) Issue warnings;
b) Impose fines up to
10.000.000 dong for administrative violations against regulations on culture;
impose fines up to 20.000.000 dong for administrative violations in advertising;
c) Confiscate exhibits and
means used for committing administrative violations of which value does not
exceed 20.000.000 dong in the field of culture; 40.000.000 dong in the field of
advertising;
d) Apply the remedial
measures prescribed in Points a, dd, and e of Clause 1, Article 28 of the Law
on Handling of Administrative Violations.
3. Heads of Police Posts, Commanders of Mobile Police
Battalions, Heads of Squadrons, Station Heads, and Team Leaders shall have the
power to:
a) Issue warnings;
b) Impose fines up to
15.000.000 dong for administrative violations against regulations on culture;
impose fines up to 30.000.000 dong for administrative violations in advertising;
c) Deprive the right to
use licenses or practicing certificates for a definite period, or suspend
operations for a definite period;
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dd) Apply the remedial
measures prescribed in Points a, dd, and e of Clause 1, Article 28 of the Law
on Handling of Administrative Violations.
4. Commune-level Police Chiefs shall have the power to:
a) Issue warnings;
b) Impose fines up to
25.000.000 dong for administrative violations against regulations on culture;
impose fines up to 50.000.000 dong for administrative violations in advertising;
c) Deprive the right to
use licenses or practicing certificates for a definite period, or suspend
operations for a definite period;
d) Confiscate exhibits and
means used for committing administrative violations;
dd) Apply the remedial
measures prescribed in Article 5 of this Decree.
5. Heads of Police Offices
at International Airports; Heads of professional divisions of the Internal
Political Security Department including
the Ethnic Security Division, and the Culture, Social Security Division; Heads
of professional divisions of the Police Department for Administrative
Management of Social Order, including Division of Press and Publication
Security, Division of Culture, Sports, and Social Labor Security; Heads of
professional divisions of the Police Department for Administrative Management
of Social Order, including Division of guidance and management of weapons,
explosive materials, support tools, and firecrackers, Division of guidance and
management of conditional business sectors and seals; Heads of professional
divisions of the Traffic Police Department, including Division for Guidance on
propaganda, investigation, and settlement of traffic accidents, Division of guidance,
registration, and inspection of vehicles, Division for Guidance on patrol and
control of road and railway traffic, Division for Guidance on patrol, control,
prevention and fight against crimes on waterways, and Fleet Commanders; Heads
of divisions affiliated to the Department of Fire Prevention, Fighting, and
Rescue, including Head of the Division of Fire Prevention, Head of the Division
of Fire Prevention and Fighting Design Approval, Head of the Division of Fire
Fighting and Rescue; Heads of divisions affiliated to the Department of
Cybersecurity and High-Tech Crime Prevention and Control, including Division of
Prevention and Control of Crimes Using Cyberspace to Infringe upon Economic
Management Order, Division of Prevention and Control of Crimes Using Cyberspace
to Infringe upon Social Order, Division of Cyber Information Security, Division
of Protection of National Information Network Security, Division of Cyber
Information Monitoring and Prevention of Using Cyberspace to Infringe upon
National Security; Heads of divisions affiliated to the Department of
Immigration, including Division of management of entry, exit, and residence of
foreigners, Division of management of exit and entry of Vietnamese citizens,
Director of the National Aviation Security Center; Heads of Mobile Police units
at the regiment level; Heads of provincial-level Police divisions, including
Internal Security Division, Internal Political Security Division, Police
Division for Administrative Management of Social Order, Police Division for
Investigation of Crimes Against Social Order, Police Division for Investigation
of Drug Crimes, Traffic Police Division, Mobile Police Division, Fire
Prevention, Fighting, and Rescue Police Division, Cybersecurity and High-Tech
Crime Prevention and Control Division, Immigration Division, Economic Security
Division, Foreign Security Division; and Chief of Office of the Police
Investigation Agency of the Provincial People's Public Security shall have the
power to:
a) Issue warnings;
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c) Deprive the right to
use licenses or practicing certificates for a definite period, or suspend
operations for a definite period;
d) Confiscate exhibits and
means used for committing administrative violations;
dd) Apply the remedial
measures prescribed in Article 5 of this Decree.
6. Directors of Provincial-level Police, Director of the
Internal Political Security Department, Director of the Economic Security
Department, Chief of Office of the Police Investigation Agency affiliated to
the Ministry of Public Security, Director of the Department of Police for
Administrative Management of Social Order, Director of the Department of Police
for Investigation of Crimes Against Social Order, Director of the Department of
Police for Investigation of Crimes expansion Corruption, Economy, and
Smuggling, Director of the Department of Police for Investigation of Drug
Crimes, Director of the Traffic Police Department, Director of the Department
of Fire Prevention, Fighting, and Rescue Police, Director of the Environmental
Crime Prevention and Control Police Department, Director of the Cybersecurity
and High-Tech Crime Prevention and Control Department, Director of the Internal
Security Department, and Director of the Immigration Department shall have the
power to:
a) Issue warnings;
b) Impose fines up to 50.000.000
dong for administrative violations against regulations on culture; impose fines
up to 100.000.000 dong for administrative violations in advertising;
c) Deprive the right to
use licenses or practicing certificates for a definite period, or suspend
operations for a definite period;
d) Confiscate exhibits and
means used for committing administrative violations;
dd) Apply the remedial
measures prescribed in Article 5 of this Decree.
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1. On-duty soldiers of the
Border Guard Forces shall have the power to:
a) Issue warnings;
b) Impose fines up to
2.500.000 dong for administrative violations against regulations on culture;
impose fines up to 5.000.000 dong for administrative violations in advertising;
c) Confiscate exhibits and
means used for commission of administrative violations of which value does not
exceed 5.000.000 dong in the field of culture; 10.000.000 dong in the field of
advertising.
2. Station Heads or Team Leaders in charge of managing soldiers
stipulated in Clause 1 of this Article shall have the power to:
a) Issue warnings;
b) Impose fines up to
5.000.000 dong for administrative violations against regulations on culture;
impose fines up to 10.000.000 dong for administrative violations in advertising;
c) Confiscate exhibits and
means used for commission of administrative violations of which value does not
exceed 10.000.000 dong in the field of culture; 20.000.000 dong in the field of
advertising;
dd) Apply the remedial
measures prescribed in Points a, dd, and e of Clause 1, Article 28 of the Law
on Handling of Administrative Violations.
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a) Issue warnings;
b) Impose fines up to
7.500.000 dong for administrative violations against regulations on culture;
impose fines up to 15.000.000 dong for administrative violations in advertising;
c) Confiscate exhibits and
means used for commission of administrative violations of which value does not
exceed 15.000.000 dong in the field of culture; 30.000.000 dong in the field of
advertising;
dd) Apply the remedial
measures prescribed in Points a, dd, and e of Clause 1, Article 28 of the Law
on Handling of Administrative Violations.
4. Heads of Border Guard Posts, Captains of Naval Border Guard
Flotillas, and Commanding Officers of Border Guard Commands at port border
checkpoints shall have the power to:
a) Issue warnings;
b) Impose fines up to
15.000.000 dong for administrative violations against regulations on culture;
impose fines up to 30.000.000 dong for administrative violations in advertising;
c) Confiscate exhibits and
means used for commission of administrative violations of which value does not
exceed 30.000.000 dong in the field of culture; 60.000.000 dong in the field of
advertising;
d) Apply the remedial
measures prescribed in Article 5 of this Decree.
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a) Issue warnings;
b) Impose fines up to
25.000.000 dong for administrative violations against regulations on culture;
impose fines up to 50.000.000 dong for administrative violations in advertising;
c) Deprive the right to
use licenses or practicing certificates for a definite period, or suspend
operations for a definite period;
d) Confiscate exhibits and
means used for committing administrative violations;
dd) Apply the remedial
measures prescribed in Article 5 of this Decree.
6. Commanding Officers of Border Guard Commands; Captains of
Naval Border Guard Squadrons, and Director General of the Drug and Crime Prevention
and Control Department affiliated to the Border Guard High Command, shall have
the power to:
a) Issue warnings;
b) Impose fines up to
50.000.000 dong for administrative violations against regulations on culture;
impose fines up to 100.000.000 dong for administrative violations in
advertising;
c) Deprive the right to
use licenses or practicing certificates for a definite period, or suspend
operations for a definite period;
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dd) Apply the remedial
measures prescribed in Article 5 of this Decree.
Article
88. Power to impose penalties of Vietnam Coast Guard Forces
1. Police Officers on duty
of the Coast Guard Forces shall have the power to:
a) Issue warnings;
b) Impose fines up to
2.500.000 dong for administrative violations against regulations on culture;
impose fines up to 5.000.000 dong for administrative violations in advertising;
c) Confiscate exhibits and
means used for commission of administrative violations of which value does not
exceed 5.000.000 dong in the field of culture; 10.000.000 dong in the field of
advertising.
2. Coast Guard Team Leaders shall have the power to:
a) Issue warnings;
b) Impose fines up to
5.000.000 dong for administrative violations against regulations on culture;
impose fines up to 10.000.000 dong for administrative violations in advertising;
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3. Heads of Coast Guard Units or Coast Guard Stations shall
have the power to:
a) Issue warnings;
b) Impose fines up to
10.000.000 dong for administrative violations against regulations on culture;
impose fines up to 20.000.000 dong for administrative violations in advertising;
c) Confiscate exhibits and
means used for commission of administrative violations of which value does not
exceed 20.000.000 dong in the field of culture; 40.000.000 dong in the field of
advertising;
d) Apply the remedial
measures prescribed in Points a, dd, and e of Clause 1, Article 28 of the Law
on Handling of Administrative Violations.
4. Captains of Coast Guard Platoons shall have the power to:
a) Issue warnings;
b) Impose fines up to 15.000.000
dong for administrative violations against regulations on culture; impose fines
up to 30.000.000 dong for administrative violations in advertising;
c) Confiscate exhibits and
means used for commission of administrative violations of which value does not
exceed 30.000.000 dong in the field of culture; 60.000.000 dong in the field of
advertising;
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5. Captains of Coast Guard Squadrons; Heads of Reconnaissance
Commissions, Heads of Task Force Commissions for Drug Crime Prevention and
Control under the control of Vietnam Coast Guard shall have the power to:
a) Issue warnings;
b) Impose fines up to
25.000.000 dong for administrative violations against regulations on culture;
impose fines up to 50.000.000 dong for administrative violations in advertising;
c) Deprive the right to
use licenses or practicing certificates for a definite period, or suspend
operations for a definite period;
d) Confiscate exhibits and
means used for committing administrative violations;
dd) Apply the remedial
measures prescribed in Article 5 of this Decree.
6. Regional Coast Guard Commanders, Director General of the
Department of Operations and Legislation under the control of Vietnam Coast
Guard shall have the power to:
a) Issue warnings;
b) Impose fines up to
40.000.000 dong for administrative violations against regulations on culture;
impose fines up to 80.000.000 dong for administrative violations in advertising;
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d) Confiscate exhibits and
means used for committing administrative violations;
dd) Apply the remedial
measures prescribed in Article 5 of this Decree.
7. Vietnam Coast Guard Commander shall have the power to:
a) Issue warnings;
b) Impose fines up to
50.000.000 dong for administrative violations against regulations on culture;
impose fines up to 100.000.000 dong for administrative violations in
advertising;
c) Deprive the right to
use licenses or practicing certificates for a definite period, or suspend
operations for a definite period;
d) Confiscate exhibits and
means used for committing administrative violations;
dd) Apply the remedial
measures prescribed in Article 5 of this Decree.
Article
89. Power to impose penalties of Customs Authorities
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a) Issue warnings;
b) Impose fines up to
2.500.000 dong for administrative violations against regulations on culture;
c) Confiscate exhibits and
means used for commission of administrative violations of which value does not
exceed 5.000.000 dong in the field of culture.
2. Heads of Border Checkpoint/Out-Of-Checkpoint Customs
Offices, Customs Procedure Inspection and Post-Clearance Inspection Teams, Customs
Clearance Teams, and Customs Control Teams under the control of Regional
Customs Sub-departments, Heads of Anti-smuggling Control Teams under the
control of the Anti-smuggling Investigation Sub-department; and Heads of
Regional Post-Clearance Inspection Teams under the control of Post-Clearance
Inspection Sub-department, shall have the power to:
a) Issue warnings;
b) Impose fines up to
15.000.000 dong for administrative violations against regulations on culture;
c) Confiscate exhibits and
means used for commission of administrative violations of which value does not
exceed 30.000.000 dong in the field of culture;
d) Apply the remedial
measures prescribed in Article 5 of this Decree.
3. Directors of the Anti-smuggling Investigation
Sub-department, the Post-Clearance Inspection Sub-department, and Regional
Customs Sub-departments shall have the power to:
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b) Impose fines up to
25.000.000 dong for administrative violations against regulations on culture;
c) Deprive the right to
use licenses or practicing certificates for a definite period, or suspend
operations for a definite period;
d) Confiscate exhibits and
means used for committing administrative violations;
dd) Apply the remedial
measures prescribed in Article 5 of this Decree.
4. Director General of Department of Customs of Vietnam shall
have the power to:
a) Issue warnings;
b) Impose fines up to
50.000.000 dong for administrative violations against regulations on culture;
c) Deprive the right to
use licenses or practicing certificates for a definite period, or suspend
operations for a definite period;
d) Confiscate exhibits and
means used for committing administrative violations;
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Article
90. Power to impose penalties of Market Surveillance Forces
1. Market controllers on
duty shall have the power to:
a) Issue warnings;
b) Impose fines up to
5.000.000 dong for administrative violations against regulations on culture;
impose fines up to 10.000.000 dong for administrative violations in advertising;
c) Confiscate exhibits and
means used for commission of administrative violations of which value does not
exceed 10.000.000 dong in the field of culture; 20.000.000 dong in the field of
advertising.
2. Leaders of Market Surveillance Teams under the control of
Market Surveillance Sub-departments affiliated to Departments of Industry and
Trade shall have the power to:
a) Issue warnings;
b) Impose fines up to
15.000.000 dong for administrative violations against regulations on culture;
impose fines up to 30.000.000 dong for administrative violations in advertising;
c) Confiscate exhibits and
means used for commission of administrative violations of which value does not
exceed 30.000.000 dong in the field of culture; 60.000.000 dong in the field of
advertising;
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3. Directors of Market Surveillance Sub-departments, and heads
of Market Surveillance Operations Departments affiliated
to the Agency for Domestic Market Surveillance and Development shall have the
power to:
a) Issue warnings;
b) Impose fines up to
25.000.000 dong for administrative violations against regulations on culture;
impose fines up to 50.000.000 dong for administrative violations in advertising;
c) Deprive the right to
use licenses or practicing certificates for a definite period, or suspend
operations for a definite period;
d) Confiscate exhibits and
means used for committing administrative violations;
dd) Apply the remedial
measures prescribed in Article 5 of this Decree.
4. Director of the Agency for Domestic Market Surveillance
and Development shall have the power to:
a) Issue warnings;
b) Impose fines up to
50.000.000 dong for administrative violations against regulations on culture;
impose fines up to 100.000.000 dong for administrative violations in
advertising;
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d) Confiscate exhibits and
means used for committing administrative violations;
dd) Apply the remedial
measures prescribed in Article 5 of this Decree.
Article
91. Power to impose penalties of maritime port authorities, airport
authorities, waterway port authorities
1. Lead representatives of
maritime port authorities, lead representatives of airport authorities, lead
representatives of waterway port authorities have the power to:
a) Issue warnings;
b) Impose fines up to
12.500.000 dong for administrative violations against regulations on culture;
impose fines up to 25.000.000 dong for administrative violations in advertising;
c) Deprive the right to
use licenses or practicing certificates for a definite period, or suspend
operations for a definite period;
d) Confiscate exhibits and
means used for commission of administrative violations of which value does not
exceed 25.000.000 dong in the field of culture; 50.000.000 dong in the field of
advertising;
dd) Apply the remedial
measures prescribed in Article 5 of this Decree.
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a) Issue warnings;
b) Impose fines up to
25.000.000 dong for administrative violations against regulations on culture;
impose fines up to 50.000.000 dong for administrative violations in advertising;
c) Deprive the right to
use licenses or practicing certificates for a definite period, or suspend
operations for a definite period;
d) Confiscate exhibits and
means used for committing administrative violations;
dd) Apply the remedial
measures prescribed in Article 5 of this Decree.
Article
92. Distinction of power to impose penalties for administrative violations
1. Chairpersons of
People’s Committees at all levels shall have the power to impose administrative
penalties against violations specified in Chapters II and III of this Decree.
2. Persons having power to
impose penalties of People’s Public Security Forces shall have the power
to impose administrative penalties against violations specified in Chapter
II and Chapter III of this Decree.
3. Persons having power to
impose penalties of Border Guard Forces shall have the power to impose
administrative penalties against violations specified in Point a and Point b of
Clause 3 of Article 17; Point b of Clause 2 of Article 18; Article 19; Points b
and c of Clause 5, and Point dd of Clause 6 of Article 21; Article 22; Point b
of Clause 3, and Point a of Clause 5 of Article 24; Point b of Clause 3, and
Point a of Clause 5 of Article 25; Clause 2 of Article 32; Article 38; Clause 2
of Article 40; Article 47; Article 49; Points a, b, and c of Clause 2, and
Clauses 3, 4, and 5 of Article 50; Point a and Point b of Clause 1 of Article
52; Article 53 and Article 62 of this Decree.
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5. Persons having power to
impose penalties of Customs authorities shall have the power to impose
administrative penalties against violations specified in Point b of Clause 3
and Point a of Clause 5 of Article 24; Point b of Clause 3 and Point a of
Clause 5 of Article 25; Point h of Clause 2 of Article 26 of this Decree.
6. Persons having power to
impose penalties of Market Surveillance Forces and Director of the Department
of Industry and Trade shall have the power to impose administrative penalties
against violations specified in Clause 5, Points d and dd of Clause 6, Clause
7, and Clause 8 of Article 21; Clause 2 of Article 22; Point c of Clause 6 of
Article 24; Point dd and Point h of Clause 2 of Article 26; Clause 5 of Article
33; Clause 5 of Article 34; Clause 5 of Article 35; Article 47; Article 49;
Article 50; Points a, b, and c of Clause 1 of Article 52; Clause 2 of Article
53; Article 54; Article 59; Article 67 and Section 4 of Chapter III of this
Decree.
7. The following persons
shall have the power to impose penalties against regulations on Culture, Sports
and Tourism:
a) The Director of the
Department of Culture, Sports and Tourism; Director of the Department of
Culture and Sports; Director of the Department of Tourism; Chief of Office of
the Ministry of Culture, Sports and Tourism; and heads of inspectorates
established by the Minister of Culture, Sports and Tourism, and the Chief of
Office of the Ministry of Culture, Sports and Tourism shall have the power to
impose administrative penalties against violations specified in Chapter II and
Chapter III of this Decree;
b) The Director of the
Press Authority; Heads of inspectorates established by the Director of the
Press Authority shall have the power to impose administrative penalties against
violations specified in Section 1, Article 57, Article 58 and Section 4 of
Chapter III of this Decree;
c) Director of the
Authority of Broadcasting and Electronic Information; Heads of inspectorates
established by the Director of the Authority of Broadcasting and Electronic
Information shall have the power to impose administrative penalties against
violations specified in Section 1, Article 56, and Section 4 of Chapter III of
this Decree;
d) The Director of the
Authority of Publication, Printing and Distribution; Heads of inspectorates
established by the Director of the Authority of Publication, Printing and
Distribution shall have the power to impose administrative penalties against
violations specified in Section 1, Article 59, and Section 4 of Chapter III of
this Decree;
dd) The Director of the
Department of Cultural Heritage; Heads of inspectorates established by the
Department of Cultural Heritage shall have the power to impose administrative
penalties against violations specified in Section 5 of Chapter II of this
Decree;
e) The Director of the
Department of Grassroots Culture, Family and Libraries; Heads of inspectorates
established by the Department of Grassroots Culture, Family and Libraries shall
have the power to impose administrative penalties against violations specified
in Section 3 and Section 6 of Chapter II, Article 47, Article 48, and Chapter
III of this Decree;
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h) The Director of the
Agency for Performing Arts; Heads of inspectorates established by the Agency
for Performing Arts shall have the power to impose administrative penalties against
violations specified in Section 2 of Chapter II, and Article 66 of this Decree;
i) The Director of the
Agency for Cinema; Heads of inspectorates established by the Director of the
Agency for Cinema shall have the power to impose administrative penalties
against violations specified in Section 1 of Chapter II, Article 50, Article
58, and Article 66 of this Decree;
8. Persons having power to
impose penalties against regulations on healthcare shall impose administrative
penalties against violations specified in Section 1 of Chapter III; Articles
68, 69, 70, 71, 72, 73, 74 and 75 of this Decree.
9. Persons having power to
impose penalties against regulations on agriculture and environment shall
impose administrative penalties against violations specified in Section 1 of
Chapter III, the act of advertising on billboards and banners that fails to
comply with regulations on dike areas specified in Point c of Clause 3 of
Article 60; and Articles 68, 76, 77, 78, 79, 80 and 81 of this Decree.
10. Persons having power
to impose penalties against regulations on Construction shall impose
administrative penalties against violations specified in Points b, c, and d of
Clause 5 of Article 23; Article 30; Point b of Clause 2 of Article 50; the act
of advertising on billboards and banners that fails to comply with regulations
on traffic safety corridors, and the act of obstructing traffic signal lights
or traffic roads as prescribed in Point c of Clause 3 of Article 60; Article
62; Clause 2 of Article 63; Article 65 and Point b of Clause 3 of Article 67 of
this Decree.
Chapter
V
IMPLEMENTATION
Article
93. Effect
1. This Decree comes into
force from May 15, 2026.
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a) Decree No. 38/2021/ND-CP
dated March 29, 2021;
b) Article 4 of Decree No.
129/2021/ND-CP dated December 30, 2021;
c) Decree No.
128/2022/ND-CP dated December 30, 2022.
Article
94. Transition
1. If an administrative
violation in the fields of culture and advertising has occurred before the
effective date of this Decree but is currently detected or considered, the
Decree on administrative penalties effective at the time of committing the
violation shall apply for handling.
2. If an
individual/organization file a complaint for a decision for handling
administrative violations that has been issued or completely executed before
the effective date of this Decree, the provisions of Decree No. 38/2021/ND-CP;
Decree No. 129/2021/ND-CP; and Decree No. 128/2022/ND-CP shall apply.
Article
95. Responsibility for implementation
1. The Ministry of
Culture, Sports and Tourism shall take charge and cooperate with relevant
Ministries and central authorities to guide and organize the implementation of
this Decree.
2. Ministers, Heads of ministerial-level
agencies, heads of Governmental agencies, and Chairpersons of People’s
Committees of provinces and centrally-run cities shall implement this Decree.
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ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Mai Van Chinh