THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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|
No. 131/2013/ND-CP
|
Hanoi, October
16, 2013
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DECREE
ON
SANCTIONING ADMINISTRATIVE VIOLATIONS OF COPYRIGHT AND RELATED RIGHTS
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the June 20, 2012, Law on handling
administrative violations;
Pursuant to the June 14, 2005 Civil Code;
Pursuant to the November 29, 2005 Law on
Intellectual Property and the June 19, 2009 Law amending and supplementing a
number of articles of Law on Intellectual Property;
At the proposal of the Minister of Culture,
Sports and Tourism;
The Government promulgates Decree on sanctioning
administrative violations of Copyright and related rights,
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GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree provides administrative violations,
sanctioning forms and levels, remedial measures, competence to make minutes of
administrative violations and competence to sanction administrative violations
of copyright and related rights.
2. Other administrative violations of copyright and
related rights not specified in this Decree shall comply with provisions on
other Government’s Decrees on sanctioning administrative violations in the
relevant state management domains for sanction.
Article 2. Provision on fines
bracket, fines competence for individuals and organizations
1. The maximum fine level in domain of Copyright
and related rights for individuals will be VND 250,000,000, for organizations
will be VND 500,000,000.
2. The fines bracket specified in Chapter II of
this Decree is fines bracket applied to individuals, except for cases specified
in Clauses 1, 2, 3 and 4 Article 5; Clause 1 and point b Clause 2 Article 7 of
this Decree. For a same violation, fines bracket applicable to organizations
will be equal to twice of the fines bracket applicable to individuals.
3. The competence to impose
fines of titles defined in Chapter III of this Decree is the competence applied
to individuals. The competence to impose fines for organizations shall be more
than twice of the competence to impose for individuals.
Article 3. Remedial measures
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1. Forcible correction of author’s name, name of
the work, name of performers;
2. Forcible withdrawal of certificate of copyright
registration, certificate of related-right registration;
3. Forcibly removing copies of works, performances,
phonograms, video recordings, or broadcasts which are infringed in electronic
form, on internet and digital environment;
4. Forcible refund of royalties, remuneration, or
material benefits obtained from committing violation, to copyright or related
right holders.
Chapter 2.
ADMINISTRATIVE
VIOLATIONS, SANCTIONING FORMS AND REMEDIAL MEASURES
Article 4. Violations of
regulation on registration
1. A fine of between VND 2,000,000 and 3,000,000
shall be imposed for failing to return a copyright or related right
registration certificate after a competent agency has issued a decision
invalidating or revoking it.
2. A fine of between VND 3,000,000 and 5,000,000
shall be imposed for declaring untruthfully papers, documents in dossier to be
granted a copyright or related right registration certificate.
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4. Remedial measures
Forcible withdrawal of copyright or related right registration
certificate for violations specified in Clauses 1, 2, and 3 of this Article.
Article 5. Violations of
regulations on operation of collective representative organizations involving
Copyright and related rights
1. A fine of between VND 500,000 and 1,000,000
shall be imposed for failing to execute the report regime about collective
representative operation of Copyright and related rights to competent state
agencies in accordance with regulations.
2. A fine of between VND 1,000,000 and 3,000,000 shall
be imposed for carrying out activities outside the scope of the written
entrustment contracts signed with copyright or related right holders.
3. A fine of between VND 3,000,000 and 5,000,000
shall be imposed for carrying out activities without the written entrustment
contracts signed with copyright or related right holders.
4. A fine of between VND 5,000,000 and 10,000,000
shall be imposed for carrying out activities outside domains already licensed
by competent state agency.
5. A fine of between VND 10,000,000 and 15,000,000
shall be imposed for operating under the name of a collective representative
organization of copyright and related rights.
6. Remedial measures:
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Article 6. Violations of
regulations on assessment of copyright and related rights
1. A fine of between VND 2,000,000 and 3,000,000
shall be imposed for conducting assessment of Copyright and related rights in
case they should have refused assessment according to regulations.
2. A fine of between VND 3,000,000 and 5,000,000
shall be imposed for making untruthful assessment conclusions for self-seeking
purposes.
3. Additional sanction form:
Deprivation of the right to use copyright or
related right assessor cards, certificates of copyright or related right
assessment organization for between 1thru 3 months, for violations specified in
Clause 1 and Clause 2 of this Article.
Article 7. Violations of
regulation on operation of consultancy and service organizations
1. A fine of between VND 1,000,000 and 3,000,000
shall be imposed for failing to execute the report regime about operation of
consultancy and service to competent state agencies in accordance with
regulations.
2. A fine of between VND 3,000,000 and 5,000,000
shall be imposed for any of the following violations:
a) Failing to satisfy conditions of heads of
Copyright and related-right consultancy and service organizations in accordance
with regulations;
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3. A fine of between VND 5,000,000 and 10,000,000
shall be imposed for carrying out under the name of a consultancy and service
organization activities of copyright and related-right consultancy and service.
Article 8. Acts of
transporting, stockpiling the pirated goods
1. A fine of between VND 3,000,000 and 5,000,000 shall
be imposed for transporting goods produced without permission of the copyright
or related right holders.
2. A fine of between VND 5,000,000 and 10,000,000
shall be imposed for stockpiling goods produced without permission of the
copyright or related right holders.
3. Additional sanction form:
Confiscation of material evidence used for
committing acts of violation specified in Clause 1 and Clause 2 of this
Article.
Article 9. Acts of infringing
upon the right to attach one's name to or title works
1. A fine of between VND 2,000,000 and 3,000,000
shall be imposed for using a work without indicating the real name or pen name
of its author or its title or indicating a wrong real name or pen name of the
author or a wrong title of the work on copies of the work, phonogram, video
recording or broadcast program.
2. Remedial measures:
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b) Forcible correction of the name of author, title
of the work on copies of the work, phonogram, video recording or broadcast
program which contain false information about name of author, title of the work
for violation specified in Clause 1 of this Article.
Article 10. Acts of infringing
upon the right to protect the integrity of works
1. A fine of between VND 3,000,000 and 5,000,000
shall be imposed for arbitrarily modifying or mutilating a work causing damage
to honor and prestige of the author.
2. A fine of between VND 5,000,000 and 10,000,000
shall be imposed for distorting a work causing damage to honor and prestige of
the author.
3. Remedial measures:
a) Forcible correction publicly on means of mass
media about inaccurate information for violation specified in Clause 1 and
Clause 2 of this Article;
b) Forcibly removing copies of the work which is
infringed, in electronic form, on internet and digital environment, or forcible
destruction of material evidence of violation for acts specified in Clause 1
and Clause 2 of this Article.
Article 11. Acts of infringing
upon the right to publicize works
1. A fine of between VND 5,000,000 and 10,000,000
shall be imposed for publishing the work without permission of the copyright
holders in accordance with regulations.
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Forcible correction publicly on means of mass media
for violation specified in Clause 1 of this Article.
Article 12. Acts of infringing
upon the right to make derivative works
1. A fine of between VND 5,000,000 and 10,000,000
shall be imposed for making derivative works without permission of the
copyright holders.
2. Remedial measures:
Forcibly removing copies of the work which is
infringed, in electronic form, on internet and digital environment, for
violations specified in Clause 1of this Article.
Article 13. Acts of infringing
upon the right to allow performing the works to the public
1. A fine of between VND 5,000,000 and 10,000,000
shall be imposed for live performance of a work to the public without
permission of the copyright holders in accordance with regulations.
2. A fine of between VND 10,000,000 and 15,000,000
shall be imposed for performance through audio- or video-recorded programs or
whatever technical means accessible by the public without permission of the copyright
holder in accordance with regulations.
3. Remedial measures:
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Article 14. Acts of infringing
upon the right to rent originals or copies of cinematographic works or computer
programs
A fine of between VND 5,000,000 and 10,000,000
shall be imposed for renting originals or copies of cinematographic works or
computer programs without permission of the copyright holders in accordance
with regulations.
Article 15. Acts of infringing
upon the right to distribute works
1. A fine of between VND 10,000,000 and 30,000,000
shall be imposed for distributing the works without permission of the copyright
holders.
2. Remedial measures:
Forcibly removing copies of the work which is
infringed, in electronic form, on internet and digital environment, or forcible
destruction of material evidence of violation for act specified in Clause 1 of
this Article.
Article 16. Acts of infringing
upon the right to import originals or copies of works
1. A fine of between VND 200,000,000 and
250,000,000 shall be imposed for importing originals or copies of works without
permission of the copyright holders in accordance with regulations.
2. Remedial measures:
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b) Forcible of destruction of material evidence
used for committing acts of violation specified in Clause 1 of this Article in case
the remedial measure specified in point a of this Clause is not applied.
Article 17. Acts of infringing
upon the right to communicate works to the public
1. A fine of between VND 15,000,000 and 30,000,000
shall be imposed for communicating a work to the public by wire
or wireless means, electronic information network or any
technical means without permission of the copyright holder in accordance with
regulations.
2. Remedial measures:
Forcibly removing copies of the work which is
infringed, for violation specified in Clause 1 of this Article.
Article 18. Acts of infringing
upon the right to reproduce works
1. A fine of between VND 15,000,000 and 35,000,000
shall be imposed for reproducing the works without permission of the copyright
holders.
2. Remedial measures:
Forcibly removing copies of the work which in
infringed, in electronic form, on internet and digital environment, or forcible
destruction of material evidence of violation for act specified in Clause 1 of
this Article.
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1. A fine of between VND 10,000,000 and 15,000,000
shall be imposed for forging signatures of authors on the works.
2. Remedial measures:
Forcible destruction of material evidence used for
committing acts of violation specified in Clause 1 of this Article.
Article 20. Acts of infringing
upon the right to apply technological solutions to self-protect copyright
1. A fine of between VND 3,000,000 and 5,000,000
shall be imposed for internationally deleting or modifying copyright management
information in electronic from attached to the original or copies of a work.
2. A fine of between VND 5,000,000 and 10,000,000
shall be imposed for intentionally canceling or deactivating technical and
technological solutions applied by the copyright holder to protect copyright to
his/her work .
3. A fine of between VND 10,000,000 and 20,000,000
shall be imposed for producing, assembling, mutating, distributing, importing,
exporting, selling or renting devices or system to deactivate technical and
technological solutions applied by the copyright holder to protect copyright to
his/her work.
4. Remedial measures:
a) Forcible re-export of material evidence used for
committing acts of violation for import specified in Clause 3 of this Article;
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Article 21. Acts of infringing
upon the right to introduce names of performers
1. A fine of between VND 2,000,000 and 3,000,000
shall be imposed for failing to state the name or stating a wrong name of the
performer on phonogram, video recording or broadcast.
2. A fine of between VND 3,000,000 and 5,000,000
shall be imposed for impersonating a performer in a performance.
3. Remedial measures:
a) Forcible correction publicly on means of mass
media or modifying accurate name of the performers for violation specified in
Clause 1 of this Article;
b) Forcibly removing copies of phonogram, video
recording which are infringed, in electronic form, on internet and digital
environment, or forcible destruction of material evidence of violation for act
specified in Clause 2 of this Article.
Article 22. Acts of infringing
upon the right to protect the integrity of performed images
1. A fine of between VND 3,000,000 and 5,000,000
shall be imposed for arbitrarily modifying or mutilating performed images
causing damage to honor and prestige of the performer.
2. A fine of between VND 5,000,000 and 10,000,000
shall be imposed for distorting performed images causing damage to honor and
prestige of the performer.
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a) Forcible correction publicly on means of mass media
for violations specified in Clause 1 and Clause 2 of this Article;
b) Forcibly removing copies of the infringed
performance, in electronic form, on internet and digital environment, or
forcible destruction of material evidence of violation for acts specified in
Clause 1 and Clause 2 of this Article.
Article 23. Acts of infringing
upon the right of performers to fix live performances
1. A fine of between VND 3,000,000 and 5,000,000
shall be imposed for fixing live performance on phonogram or video recording
without permission of the right holders of performer.
2. Remedial measures:
Forcibly removing copies of the infringed
performance, in electronic form, on internet and digital environment, or
forcible destruction of material evidence of violation for act specified in
Clause 1 of this Article.
Article 24. Acts of infringing
upon the right to reproduce performances
1. A fine of between VND 15,000,000 and 35,000,000
shall be imposed for act of reproduce a performance already fixed on a
phonogram or video recording without permission of the right holder of
performer.
2. Remedial measures:
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Article 25. Acts of infringing
upon the right to broadcast or otherwise communicate unfixed performances to
the public
1. A fine of between VND 20,000,000 and 40,000,000
shall be imposed for broadcasting or otherwise communicating an unfixed
performance to the public without permission of the right holder of performer,
unless such performance is intended for broadcasting.
2. Remedial measures:
Forcibly removing copies of the infringed
performance, in electronic form, on internet and digital environment, or
forcible destruction of material evidence of violation for act specified in
Clause 1 of this Article.
Article 26. Acts of infringing
upon the right to distribute originals or copies of performances to the public
1. A fine of between VND 10,000,000 and 30,000,000
shall be imposed for distributing the original or copies of a performance to
the public without consent of the right holder of performer.
2. Remedial measures:
Forcibly removing copies of performance, in
electronic form, on internet and digital environment, or forcible destruction
of material evidence of violation for act specified in Clause 1 of this
Article.
Article 27. Acts of infringing
upon the right to reproduce phonograms or video recordings
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2. Remedial measures:
Forcibly removing copies of phonogram, video
recording, in electronic form, on internet and digital environment, or forcible
destruction of material evidence of violation for act specified in Clause 1 of
this Article.
Article 28. Acts of infringing
upon the right to distribute originals or duplicates of phonograms or video
recordings to the public
1. A fine of between VND 10,000,000 and 30,000,000
shall be imposed for distributing originals or duplicates of a phonogram or
video recording without permission of the right holder of producers of
phonograms or video recordings.
2. Remedial measures:
Forcibly removing copies of phonogram, video
recording, in electronic form, on internet and digital environment, or forcible
destruction of material evidence of violation for act specified in Clause 1 of
this Article.
Article 29. Acts of using
phonograms or video recordings already published for commercial purposes
1. A fine of between VND 5,000,000 and 10,000,000 shall
be imposed for using a phonogram or video recording already published for
commercial purpose in restaurants, tourist accommodation establishments,
stores, supermarkets without paying royalty or remuneration for such use to
copyright owner, related-right owner in accordance with regulations.
2. A fine of between VND 10,000,000 and 15,000,000
shall be imposed for any of the following violations:
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b) Using a phonogram or video recording already
published for commercial purpose in domains of aviation, public traffic and
other trading operations without paying royalty or remuneration for such use to
owner in accordance with regulations.
3. A fine of between VND 15,000,000 and 25,000,000
shall be imposed for using a phonogram or video recording already published for
commercial purpose in karaoke service, post and telecommunication service,
digital environment business establishments without paying royalty or
remuneration for such use to copyright owner, related-right owner in accordance
with regulations.
4. Remedial measures:
Forcibly removing copies of phonogram, video
recording, in electronic form, on internet and digital environment, for acts
specified in Clause 2 and Clause 3 of this Article.
Article 30. Acts of infringing
upon the right to broadcast or rebroadcast broadcasts
1. A fine of between VND 70,000,000 and 100,000,000
shall be imposed for acts of broadcasting or rebroadcasting a broadcast without
permission of the right holder of the broadcasting organization.
2. Remedial measures:
Forcibly removing copies of fixed broadcasts which
are fringed in electronic form, on the Internet and digital environment for
violations specified in Clause 1of this Article.
Article 31. Acts of infringing
upon the right to distribute broadcasts to the public
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2. Remedial measures:
Forcibly removing copies of broadcasts in
electronic form, on the Internet and digital environment, or forcible
destruction of material evidence used for committing violations for acts
specified in Clause 1of this Article.
Article 32. Acts of infringing
upon the right to fix broadcasts
1. A fine of between VND 10,000,000 and 15,000,000
shall be imposed for acts of fixing broadcasts without permission of the right
holder of the broadcasting organization.
2. Remedial measures:
Forcibly removing copies of broadcasts in
electronic form, on the Internet and digital environment, or forcible
destruction of material evidence used for committing violations for acts
specified in Clause 1of this Article.
Article 33. Acts of infringing
upon the right to reproduce broadcasts
1. A fine of between VND 15,000,000 and 35,000,000
shall be imposed for reproducing a fixed broadcast without permission of the
right holder of the broadcasting organization.
2. Remedial measures:
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Article 34. Acts of reciting
phonograms, video recordings, broadcasts
1. A fine of between VND 5,000,000 and 10,000,000
shall be imposed for reciting phonograms or video recordings without
permission of the right holders of producers of phonograms or video recordings.
2. A fine of between VND 10,000,000 and 20,000,000
shall be imposed for acts of reciting broadcasts without permission of
the right holder of the broadcasting organization.
3. Remedial measures:
Forcibly removing copies of phonograms, video
recordings, broadcasts which are infringed in electronic form, on the Internet
and digital environment, or forcible destruction of material evidence used for
committing violations for acts specified in Clause 1and Clause 2 of this
Article.
Article 35. Acts of infringing
upon the right to apply technological solutions to self-protect related rights
1. A fine of between VND 3,000,000 and 5,000,000
shall be imposed for disengaging or modifying right management information in
electronic form without permission of the related right holder.
2. A fine of between VND 5,000,000 and 10,000,000
shall be imposed for intentionally canceling or deactivating technical
solutions applied by the related right holder to protect his/ her/its related
rights.
3. A fine of between VND 10,000,000 and 20,000,000
shall be imposed for broadcasting, distributing or importing for public
distribution fixed performances and copies thereof or phonograms or video
recordings with cancelled or modified right management information in
electronic form without permission of the related right holder.
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5. A fine of between VND 30,000,000 and 40,000,000
shall be imposed for intentionally receiving or relaying encrypted
program-carrying satellite signals without permission of the lawful
distributor.
6. Remedial measures:
a) Forcible re-export of material evidence used for
committing acts of violation, for acts of import specified in Clause 3 and
Clause 4 of this Article;
b) Forcible of destruction of material evidence
used for committing acts of violation specified in Clauses 2, 3, 4 and 5 of
this Article in case the remedial measure specified in point a of this Clause
is not applied.
Chapter 3.
COMPETENCE TO SANCTION
ADMINISTRATIVE VIOLATIONS
Article 36. Competence to make
minutes of administrative violations
Titles specified in Articles 37, 38, 39 and 40 of
this Decree and civil servants, public employees on their duty of inspection
and examination, upon detecting administrative violations of copyright and
related rights shall be entitled to make minutes of administrative violations
in accordance with regulations.
Article 37. Competence to
sanction administrative violations of chairpersons of People’s Committees of
all levels
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a) To impose fine up to VND 5,000,000;
b) Confiscate material evidence used for committing
acts of administrative violation with value not exceeding the fine level
specified in point a of this Clause;
c) To apply remedial measures specified in point dd
Clause 1 Article 28 of the Law on handling of administrative violations.
2. Chairpersons of the district-level People’s
Committees have right:
a) To impose fine up to VND 50,000,000;
b) Deprive the right to use the practice
certificate with a defined term;
c) Confiscate material evidence used for committing
acts of administrative violation with value not exceeding the fine level
specified in point a of this Clause;
d) To apply remedial measures specified in point dd
and point e Clause 1 Article 28 of the Law on handling of administrative
violations and Clauses 1, 2, 3 and 4 Article 3 of this Decree.
3. Chairpersons of the provincial People’s
Committees have right:
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b) Confiscate the right to use the practice
certificate with a defined term;
c) To confiscate material evidence used for
committing acts of administrative violation;
d) To apply remedial measures specified in Article
3 of this Decree.
Article 38. Competence to
sanction administrative violations of Culture, Sports and Tourism inspectorate
agencies and other specialized inspectorate agencies
1. Inspectors of Culture, Sports and Tourism on
their duty have rights:
a) To impose fine up to VND 500,000;
b) Confiscate material evidence used for committing
acts of administrative violation with value not exceeding the fine level
specified in point a of this Clause;
c) To apply remedial measures specified in point dd
Clause 1 Article 28 of the Law on handling of administrative violations.
2. The Chief Inspectors of the provincial
Departments of Culture, Sports and Tourism, chiefs of specialized inspectorate
teams at Department level have rights:
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b) Confiscate the right to use the practice
certificate with a defined term;
c) Confiscate material evidence used for committing
acts of administrative violation with value not exceeding the fine level
specified in point a of this Clause;
d) To apply remedial measures specified in Article
3 of this Decree.
3. The Chiefs of specialized inspectorate teams at
Ministerial level have rights:
a) To impose fine up to VND 175,000,000;
b) Confiscate the right to use the practice
certificate with a defined term;
c) Confiscate material evidence used for committing
acts of administrative violation with value not exceeding the fine level
specified in point a of this Clause;
d) To apply remedial measures specified in Article
3 of this Decree.
4. The Chief Inspector of the Ministry of Culture,
Sports and Tourism has rights:
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b) Confiscate the right to use the practice
certificate with a defined term;
c) To confiscate material evidence used for
committing acts of administrative violation;
d) To apply remedial measures specified in Article
3 of this Decree.
5. Competence to sanction administrative violations
of other specialized inspectorate agencies
Inspectors and chief inspectors of specialized
inspectorate agencies and persons, agencies assigned task of other specialized
inspection have competence to sanction against administrative violations of
copyright and related rights under their state management sectors specified in
Chapter II of this Decree.
Article 39. Competence to
sanction administrative violations of People’s Public Security
1. People's policemen on their duty have right to
impose a fine up to VND 500,000.
2. Heads of police posts and heads of people's
policemen as prescribed in Clause 1 of this Article have right to impose a fine
up to VND 1,500,000.
3. Commune-level police heads, heads of police
stations, and heads of border-gate or export-processing zone police posts have
rights:
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b) Confiscate material evidence used for committing
acts of administrative violation with value not exceeding the fine level
specified in point a of this Clause;
c) To apply remedial measures specified in point dd
Clause 1 Article 28 of the Law on handling of administrative violations.
3. District-level police heads, Directors of
provincial police sections including Directors of police sections for
administrative management of social order, heads of police sections for
investigation of social order-related crimes, directors of police sections for
investigation of economic management order and position-related crimes,
directors of Internal Political Security sections, directors of economic
security sections, directors of cultural and thought security sections, directors
of information security sections, directors of immigration management sections
have rights:
a) To impose fine up to VND 25,000,000;
b) Confiscate the right to use the practice
certificate with a defined term;
c) Confiscate material evidence used for committing
acts of administrative violation with value not exceeding the fine level
specified in point a of this Clause;
d) To apply remedial measures specified in point dd
and point e Clause 1 Article 28 of the Law on handling of administrative
violations and Clauses 1, 2, 3 and 4 Article 3 of this Decree.
4. Directors of provincial-level Police Departments
have rights:
a) To impose fine up to VND 50,000,000;
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c) Confiscate material evidence used for committing
acts of administrative violation with value not exceeding the fine level
specified in point a of this Clause;
d) To apply remedial measures specified in point dd
and point e Clause 1 Article 28 of the Law on handling of administrative
violations and Clauses 1, 2, 3 and 4 Article 3 of this Decree.
5. The director of Department of Internal Political
Security, director of Department of Economic Security, Director of Department
of cultural and thought security, director of Department of information
security, director of the Police Department for Administrative Management of
Social Order, the director of the Police Department for Investigation of Social
Order-Related Crimes, the director of the Police Department for Investigation
of Economic Management Order and Position-Related Crimes, the director of the
Police Department for preventing and combating crimes using high technologies,
the director of the Immigration Management Department have rights:
a) To impose fine up to VND 250,000,000;
b) Confiscate the right to use the practice
certificate with a defined term;
c) To confiscate material evidence used for
committing acts of administrative violation;
d) To apply remedial measures specified in point dd
and point e Clause 1 Article 28 of the Law on handling of administrative
violations and Clauses 1, 2, 3 and 4 Article 3 of this Decree.
Article 40. Competence to
sanction administrative violations of Border guards, Maritime Polices, Customs agencies
and market management agencies
1. Persons competent to sanction of border guards
have competence to sanction administrative violations and apply remedial
measures for administrative violations specified in this Decree in accordance
with Article 40 of the Law on handling of administrative violations.
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3. Persons competent to sanction of customs
agencies have competence to sanction administrative violations and apply
remedial measures for administrative violations specified in this Decree in
accordance with Article 42 of the Law on handling of administrative violations.
4. Persons competent to sanction of market
management agencies have competence to sanction administrative violations and
apply remedial measures for administrative violations specified in this Decree
in accordance with Article 45 of the Law on handling of administrative
violations.
Chapter 4.
PROVISIONS OF
IMPLEMENTATION
Article 41. Effect
1. This Decree takes effect on December 15, 2013.
2. The Government's Decree No. 47/2009/ND-CP, dated
May 13, 2009, on sanctioning administrative violations on copyright, related
rights and Decree No. 109/2011/ND-CP dated December 02, 2012, amending and
supplementing a number of Articles of Government's Decree No. 47/2009/ND-CP, dated
May 13, 2009, on sanctioning administrative violations on copyright, related
rights cease to be effective on the effective date of this Decree.
Article 42. Transitional
provisions
For acts of administrative violations in domain of
copyright and related rights which happened before July 01, 2013, and are
detected after that or are being considered for settlement, provisions
beneficial for the infringing organizations and individuals are applied.
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1. The Ministry of Culture, Sports and Tourism
shall assume the prime responsibility for, and coordinate with relevant
Ministries and sectors in guiding and organizing implementation of this Decree.
2. Ministers, Heads of ministerial-level agencies, Heads
of Governmental agencies, chairpersons of People’s Committees of provinces and
central-affiliated cities shall implement this Decree.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung