THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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|
No.
47/2009/ND-CP
|
Hanoi,
May 13, 2009
|
DECREE
ON SANCTIONING ADMINISTRATIVE VIOLATIONS OF COPYRIGHT AND
RELATED RIGHTS
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government:
Pursuant to the June 14, 2005 Civil Code;
Pursuant to the November 29, 2005 Law on Intellectual Property;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations
and the April 2. 2008 Ordinance Amending and Supplementing a Number of Articles
of the Ordinance on Handling of Administrative Violations;
At the proposal of the Minister of Culture, Sports and Tourism,
DECREES:
Chapter 1
GENERAL PROVISIONS
Article 1.
Scope of regulation
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2. Administrative violations of
copyright and related rights prescribed in this Decree include acts in
violation of the provisions of the Civil Code and the Law on Intellectual
Property on copyright and related rights.
Article 2.
Subjects of application
1. This Decree applies to
Vietnamese and foreign organizations and individuals committing acts of
administrative violation of copyright and related rights in the territory of
the Socialist Republic of Vietnam.
Article 3.
Forms of sanction
1. Principal sanctions: Every
act of violation committed by an organization or individual is subject to
either of the following two principal sanctions: caution and fine.
2. Additional sanctions include:
a/ Confiscation of goods
infringing upon copyright or related rights, raw materials, materials, means
and tools used in the production and trading of goods infringing upon copyright
or related rights:
b/ Suspension of business,
consultancy or service activities for between 90 days and 180 days;
c/ Confiscation of copyright
registration certificates, related rights registration certificates and other
related papers and documents which are modified, erased, forged or invalidated;
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Article 4.
Remedies
In addition to sanctions
specified in Article 3 of this Decree, administrative violators may be forced
to take one or several of the following remedies:
1. Restoring the right to title,
attach one's name to. introduce the title of or protect the integrity of a
work, performance, phonogram, video recording or broadcast:
2. Destroying goods infringing
upon copyright or related rights;
3. Destroying or distributing or
putting into use raw materials, materials and means used in the production of
goods infringing upon copyright or related rights provided that this will not
affect the exploitation of rights by holders of copyright or related rights;
4. Taking out of Vietnam or
re-exporting:
a/ Transit or imported goods
infringing upon copyright or related rights;
b/ Imported means, equipment,
raw materials and materials which have been used in the production and trading
of copies without permission of copyright or related right holders or copyright
or related right collective representative organizations;
c/ Equipment in transit or
imported equipment which are used in deactivating technical solutions applied
by copyright or related right holders to protect their rights.
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6. Removing originals or copies
of works, performances, phonograms, video recordings, or broadcasts which are
illegally transmitted through digital networks;
7. Removing copies of works,
performances, phonograms, video recordings, or broadcasts which are illegally
reproduced electronically.
Article 5.
Statute of limitations for sanctioning, time limit for being considered not
having been sanctioned
1. The statute of limitations
for sanctioning administrative violations of copyright or related rights is two
years, counting from the date an administrative violation is committed Past
this period, an individual or organization commuting an act of violation will
not be administratively sanctioned but be forced to apply remedies specified in
Article 4 of this Decree.
2. An individual against whom a
criminal case was instituted, who was prosecuted or against whom a decision to
bring the case involving him/ her to trial according to criminal procedures was
issued but later there is a decision terminating the investigation or the case,
will be administratively sanctioned if his/her act shows signs of
administrative violation. In this case, the statute of limitations for sanctioning
is three months, counting from the date the person with sanctioning competence
receives the termination decision and the dossier of the violation.
3. Within the time limits
specified in Clauses 1 and 2 of this Article, if the administrative violator
commits a new act of administrative violation or intentionally shirks or
impedes the sanctioning, the statute of limitations specified in Clauses 1 and
2 of this Article will not be applied. The statute of limitations will be
re-counted from the date of commission of the new act of administrative
violation or the time of stopping the act of shirking or impeding the
sanctioning.
4. Individuals or organizations
sanctioned for administrative violations of copyright or related rights will be
considered not having been administratively sanctioned if they do not relapse
into violation within one year counting from the date of completely serving
sanctioning decisions or the expiry of the statute of limitations for enforcing
sanctioning decisions.
Chapter 2
ACTS OF ADMINISTRATIVE
VIOLATION, FORMS AND LEVELS OF SANCTION
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1. I Caution shall be served or
a fine of between VND 200,000 and 500,000 shall be imposed for making a false
declaration in applying for a copyright or related right registration
certificate
2. A fine of between VND
3,000,000 and 5,000,000 shall be imposed for failing to return a copyright or
related right registration certificate after a competent agency has issued a
decision invalidating and revoking it.
3. A fine of between VND
5,000,000 and 10,000,000 shall be imposed for forging papers in applying for a
copyright or related right registration certificate.
4. A fine of between VND
10,000,000 and 15,000,000 shall be imposed for using a copyright or related
right registration certificate in a transaction or another relation after a
competent agency has issued a decision invalidating and revoking it.
5. Additional sanction:
Confiscation of the copyright or
related right registration certificate and other related papers and documents
which have been modified, erased, forged or invalidated.
Article 7.
Acts of violation of regulations on operation of collective representative
organizations
1. A fine of between VND
1,000,000 and 2,000,000 shall be imposed on collective representative
organizations carrying out activities outside the scope of the copyright or
related right entrustment contracts signed with copyright or related right
holders.
2. A fine of between VND
5,000,000 and 10,000,000 shall be imposed on collective representative
organizations carrying out activities outside the scope already registered with
a competent state agency.
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Article 8.
Acts of violation of regulations on assessment of copyright and related rights
1. A fine of between VND
5,000,000 and 10,000,000 shall be imposed on organizations or individuals with
the function of assessing copyright and related rights for one of the following
acts:
a/ Disobeying regulations on
assessment process and procedures;
b/ Failing to perform
obligations towards assessment solicitors or requesters;
c/ Receiving assessment requests
and conducting assessment in case they should have refused assessment according
to law;
d/ Making untruthful assessment
conclusions, making assessment conclusions based on insufficient grounds or on
grounds inconsistent with the cases;
dd/ Disclosing confidential
information obtained upon assessment without permission of related parties.
2. Additional sanction:
Deprivation of the right to use
copyright or related right assessor cards for between 180 days and 360 days or
an unspecified period, for individuals committing acts of violation specified
in Clause 1 of this Article.
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1. A fine of between VND
2,000,000 and 5,000,000 shall be imposed for providing consultancy or services
outside the scope of entrustment contracts signed with copyright or related
right holders.
2. A fine of between VND
3,000,000 and 7,000,000 shall be imposed on operating consultancy or service
organizations lacking conditions as required by law.
3. A fine of between VND
5,000,000 and 10,000,000 shall be imposed for providing consultancy or services
outside the scope registered with competent state agencies.
4. A fine of between VND
10,000,000 and 20,000,000 shall be imposed for impersonating a consultancy or
service organization to provide copyright and related right consultancy or
services.
5. Additional sanction:
Suspension of consultancy or
service activities for between 90 days and ISO days for consultancy and service
organizations committing acts of violation specified in Clauses I, 2 and 3 of
this Article.
Article 10.
Acts of illegally obstructing state management, inspection and examination of
copyright and related rights
1. Caution shall be served or a
fine of between VND 200,000 and 500,000 shall be imposed on organizations or
individuals failing to produce or fully produce documents, information and data
to state management agencies in charge of copyright and related rights or
competent persons upon request.
2. A fine of between VND
2,000,000 and 5,000,000 shall be imposed for one of the following acts:
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b/ Failing to supply documents
and date or supplying incomplete or untruthful documents and data for
inspection or examination at the request or competent persons or organizations;
c/ Causing difficulties to and
obstructing inspection and examination by competent organizations or
individuals.
3. A fine of between VND
3,000,000 and 7,000,000 shall be imposed for one of the following
acts:
a/ Insulting, humiliating or
dishonoring competent inspectors and examiners;
b/ Delaying, shirking or
refusing implementation of administrative decisions of competent persons,
failing to comply with inspection or examination requests, conclusions and
decisions.
4. A fine of between VND
5,000,000 and 15,000,000 shall be imposed for one of the following acts:
a/ Removing or breaking without
permission the seals or, altering without permission the scene, the quantity
and categories of goods being material evidence in violations of copyright or
related rights which are being inspected, examined, sealed or seized;
b/ Dispersing and abolishing
material evidence and means being inspected and examined.
5. Remedy:
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Article 11.
Acts of transporting goods infringing upon copyright and related rights
1. A fine of between VND
5,000,000 and 10,000,000 shall be imposed for transporting goods infringing
upon copyright or related rights.
2. Additional sanction:
Confiscation of infringing goods
specified in Clause 1 of this Article.
3. Remedies:
a/ Forced destruction of
infringing goods specified in Clause 1 of this Article;
b/ Forced taking out of
Vietnamese territory of infringing goods in transit or forced re-export of
infringing imported goods and raw materials, materials, means and equipment
used in the production and trading of infringing goods specified in Clause 1 of
this Article.
Article 12.
Acts of stockpiling and storing goods infringing upon copyright and related
rights
1. A fine of between VND
20,000,000 and 30,000,000 shall be imposed for stockpiling and storing goods
infringing upon copyright or related rights.
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Confiscation of infringing goods
specified in Clause 1 of this Article.
3. Remedies:
a/ Forced destruction of
infringing goods specified in Clause 1 of this Article;
b/ Forced re-export of
infringing imported goods and raw materials, materials, means and equipment
used in the production and trading of infringing goods specified in Clause I of
this Article.
Article 13.
Acts of advertising goods infringing upon copyright and related rights
1. A fine of between VND
1,000,000 and 3,000,000 shall be imposed for advertising on signboards, advertisement
panels, specialized advertisement screens, banderoles and similar forms; on
other media.
2. A fine of between VND
2,000,000 and 5,000,000 shall be imposed for advertising on means of transport.
3. A fine of between VND
3,000,000 and 7,000,000 shall be imposed for advertising on publications,
newspapers and other published products.
4. A fine of between VND
5,000,000 and 10,000,000 shall be imposed for advertising on broadcasting
media, including digital ones.
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Confiscation of material
evidence and means used for committing acts of violation specified in Clauses
1, 2, 3 and 4 of this Article.
6. Remedy:
Forced removal of violating
advertisement contents specified in Clauses 1, 2, 3 and 4 of this Article.
Article 14.
Acts of infringing upon the right to attach one's name to or title works
1. Caution shall be served or a
fine of between VND 200,000 and 500,000 shall be imposed for reasonably citing
another's work in one's work without indicating the name of the author and the
origin of the work.
2. A fine of between VND 500,000
and 2,000,000 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 as provided for by law.
3. A fine of between VND
2,000,000 and 5,000,000 shall be imposed for using a work without indicating
the real name or pen name of its author or its title or citing a wrong real
name or pen name of the author or a wrong title of a work on a fixed phonogram,
video recording or broadcast and other products as provided for by law.
4. A fine of between VND
10,000,000 and 20,000,000 shall be imposed for impersonating the author or
forging the author's signature.
5. Additional sanction:
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6. Remedies:
a/ Forced restoration of the
right to attach one's name to or title a work specified in Clauses 1. 2 and 3
of this Article;
b/ Forced destruction of
infringing goods; forced destruction or putting into use of raw materials,
materials, means and equipment used for the production and trading of
infringing goods specified in Clause 4 of this Article.
Article 15.
Acts of infringing upon the right to protect the integrity of works
1. A fine of between VND
3,000,000 and 10,000,000 shall be imposed for modifying or mutilating a work in
whatever forms without the author’s permission.
2. A fine of between VND
5,000,000 and 15,000,000 shall be imposed for modifying, mutilating or
distorting a work in whatever forms, causing prejudice to the author’s honor
and prestige.
3. Additional sanction.
Confiscation of infringing goods
or raw materials, materials, means and equipment used for the production and
trading of infringing goods specified in Clauses 1 and 2 of this Article.
4. Remedy:
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Article 16.
Acts of infringing upon the right to publicize works.
1. A fine of between VND
5,000,000 and 15,000,000 shall be imposed for publishing for the first time a
co-authored work or a work under joint-copyright without permission of other
co-authors or copyright co-holders or the copyright collective representative
organization as prescribed by law.
2. A fine of between VND
15,000,000 and 30,000,000 shall be imposed for publishing the first time a work
without permission of the author, co-authors, the copyright holder or copyright
co-holders or the copyright collective representative organization as
prescribed by law.
3. Additional sanction:
Confiscation of infringing goods
specified in Clauses 1 and 2 of this Article.
4. Remedies:
a/ Forced destruction of
infringing goods specified in Clauses 1 and 2 of this Article;
b/ Forced removal of electronic
copies of works from the Internet, electro-informatic devices and other
equipment specified in Clauses 1 and 2 of this Article.
Article 17.
Acts of infringing upon the right to make derivative works.
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2. A fine of between VND 10,000,000
and 20,000,000 shall be imposed for making a derivative work without permission
of the author or co-authors, the copyright holder or co-holders or the
copyright collective representative organization as prescribed by law.
3. Additional sanction:
Confiscation of works created by
acts of violation specified in Clauses 1 and 2 of this Article.
4. Remedy:
Forced destruction of works
created by acts of violation specified in Clauses 1 and 2 of this Article.
Article 18.
Acts of infringing upon the right to perform works to the public
1. A fine of between VND
2,000,000 and 5,000,000 shall be imposed for using a word for live performance
without permission of other copyright co-holders or the copyright collective
representative organization as prescribed by law.
2. A fine of between VND
5,000,000 and 8,000,000 shall be imposed for using a work for live performance
without permission of the copyright holder or copyright co-holders or the
copyright collective representative organization as prescribed by law.
3. A fine of between VND
8,000,000 and 15,000,000 shall be imposed for using a work for performance
through audio- or video-recorded programs or whatever technical means
accessible by the public without permission of the copyright holder or the
copyright collective representative organization as prescribed by law.
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5. Additional sanctions:
a/ Confiscation of infringing
goods specified in Clauses 3 and 4 of this Article:
b/ Suspension of business
activities for between 90 days and 180 days, for organizations and individuals
committing acts specified in Clauses 3 and 4 of this Article.
6. Remedies:
a/ Forced destruction of
infringing goods specified in Clauses 3 and 4 of this Article;
b/ Forced removal of electronic
copies of works from the Internet, electro-informatic devices and other
equipment specified in Clauses 3 and 4 of this Article.
Article 19.
Acts of infringing upon the right to rent originals or copies of
cinematographic works or computer programs
1. A fine of between VND
10,000,000 and 30,000,000 shall be imposed for renting a cinematographic work
or computer program without permission of other copyright co-holders or the
copyright collective representative organization as prescribed by law.
2. A fine of between VND
25,000,000 and 50,000,000 shall be imposed for renting a cinematographic work
or computer program without permission of the copyright holder, copyright
co-holders or the copyright collective representative organization as prescribed
by law.
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a/ Confiscation of infringing
goods, means and equipment used for committing acts specified in Clauses 1 and
2 of this Article;
b/ Suspension of business
activities for between 90 days and 180 days, for organizations and individuals
committing acts specified in Clauses 1 and 2 of this Article.
4. Remedies:
a/Forced destruction of
infringing goods; forced destruction or putting into use of means and equipment
used in the production of infringing goods specified in Clauses 1 and 2 of this
Article;
b/ Forced removal of electronic
copies of works from the Internet, electro-informatic devices and other
equipment specified in Clauses 1 and 2 of this Article.
Article 20.
Acts of infringing upon the right to distribute works in the form of sale
Acts of distributing a work in
the form of sale without permission of the copyright holder or the copyright
collective representative organization shall be sanctioned as follows:
1. A fine of between VND 500,000
and 1,500,000 shall be imposed in case infringing goods are valued at up to VND
5,000,000;
2. A fine of between VND
1,500,000 and 2,500,000 shall be imposed in case infringing goods are valued at
between over VND 5,000,000 and 10,000,000;
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4. A fine of between VND
5,000,000 and 10,000,000 shall be imposed in case infringing goods are valued
at between over VND 20,000,000 and 30.000,000;
5. A fine of between VND
10,000,000 and 15,000,000 shall be imposed in case infringing goods are valued
at between over VND 30,000,000 and 50,000,000;
6. A fine of between VND
15,000,000 and 25,000,000 shall be imposed in case infringing goods are valued
at between over VND 50,000,000 and 100,000,000;
7. A fine of between VND
25,000,000 and 50,000,000 shall be imposed in case infringing goods are valued
at between over VND 100,000,000 and 200,000,000;
8. A fine of between VND
50,000,000 and 100,000,000 shall be imposed in case infringing goods are valued
at between over VND 200,000,000 and 300,000,000;
9. A fine of between VND
100,000,000 and 150,000,000 shall be imposed in case infringing goods are
valued at between over VND 300,000,000 and 400,000,000;
10. A fine of between VND
150,000,000 and 200,000,000 shall be imposed in case infringing goods are
valued at over VND 400,000,000 and 500,000,000;
11. A fine of between VND
200,000,000 and 250,000,000 shall be imposed in case infringing goods are
valued at over VND 500,000.000.
12. Additional sanction;
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13. Remedies:
a/ Forced destruction of
infringing goods; forced destruction or putting into use of raw materials,
materials, means and equipment used for the production of infringing goods
specified in Clauses 1,2, 3,4, 5, 6, 7, 8, 9, 10 and 11 of this Article:
b/ Forced removal of electronic
copies of works from the Internet, electro-informatic devices and other
equipment specified in Clauses 1, 2, 3,4,5, 6, 7, 8,9, 10 and 11 of this
Article.
Article 21.
Acts of infringing upon the right to import originals or copies of works
1. A fine of between VND
10,000,000 and 30,000,000 shall be imposed for importing the original or a copy
of a work without permission of other copyright co-holders or the copyright
collective representative organization as prescribed by law.
2. A fine of between VND
30,000,000 and 50,000,000 shall be imposed for importing the original or a copy
of a work without permission of the copyright holder, copyright co-holders or
the copyright collective representative organization as prescribed by law.
3. Additional sanction;
Confiscation of infringing goods
specified in Clauses 1 and 2 of this Article
4. Remedies:
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b/ Forced taking out of
Vietnamese territory of infringing goods in transit or forced re-export of
infringing goods specified in Clauses 1 and 2 of this Article.
Article 22.
Acts of infringing upon the right to communicate works to the public
1. A fine of between VND
20,000,000 and 50,000,000 shall be imposed for communicating a work to the
public without permission of other copyright co-holders or the copyright
collective representative organization as prescribed by law.
2. A fine of between VND
50,000,000 and 100.000,000 shall be imposed for communicating a work to the
public without permission of the copyright holder, copyright co-holders or the
copyright collective representative organization as prescribed by law.
3. Additional sanctions:
a/ Confiscation of means and
equipment used for committing acts specified in Clauses 1 and 2 of this
Article;
b/ Suspension of business or
service activities for of between 90 days and 180 days, for organizations and
individuals committing acts specified in Clauses 1 and 2 of this Article.
4. Remedies:
a/ Forced destruction or putting
into use of means and equipment in violations specified in Clauses 1 and 2 of
this Article;
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Article 23.
Acts of infringing upon the right to reproduce works
Acts of reproducing a work
without permission of the copyright holder or the copyright collective
representative organization shall be sanctioned as follows:
1. A fine of between VND
1,000,000 and 3,000,000 shall be imposed in case infringing goods are valued at
up to 5,000,000;
2. A fine of between VND
3,000,000 and 5,000,000 shall be imposed in case infringing goods are valued at
between over 5,000,000 and 10,000,000;
3. A fine of between VND
5,000,000 and 10,000,000 shall be imposed in case infringing goods are valued
at between over VND 10,000,000 and 20,000,000;
4. A fine of between VND
10,000,000 and 20,000,000 shall be imposed in case infringing goods are valued
at between over VND 20,000,000 and 30,000,000;
5. A fine of between VND 20,000,000
and 30,000,000 shall be imposed in case infringing goods are valued at between
over VND 30,000,000 and 50,000,000;
6. A fine of between VND
30,000,000 and 50,000,000 shall be imposed in case infringing goods are valued
at between over VND 50,000,000 and 100,000,000;
7. A fine of between VND
50,000,000 and 100,000,000 shall be imposed in case infringing goods are valued
at between over VND 100,000,000 and 200,000,000;
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9. A fine of between VND
200,000,000 and 300,000,000 shall be imposed in case infringing goods are
valued at between over VND 300,000,000 and 400,000,000;
10. A fine of between VND 300,000,000
and 400,000,000 shall be imposed in case infringing goods are valued at between
over VND 400,000,000 and 500,000,000;
11. A fine of between VND
400,000,000 and 500,000,000 shall be imposed in case infringing goods are
valued at between over VND 500,000,000;
12. Additional sanction:
Confiscation of goods and means
used in committing acts specified in Clauses 1, 2, 3, 4, 5, 6, 7 ,8 ,9, 10 and
11 of this Article.
13. Remedies:
a/ Forced destruction of infringing
goods; forced destruction or putting into use of raw materials, materials,
means and equipment used for the production of infringing goods specified in
Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Article;
b/ Forced removal of electronic
copies of works from the Internet, electro-informatic devices and other
equipment specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this
Article.
Article 24.
Acts of making works with forded signatures of authors.
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2. Additional sanction:
Confiscation of infringing
goods, raw materials, materials, means and equipment used in the production of
infringing goods specified in Clause 1 of this Article.
3. Forced destruction of
infringing goods, forced destruction or putting into use of raw materials,
materials, means and equipment used in the violation specified in Clause 1 of
this Article.
Article 25.
Acts of selling works with forged signatures of authors.
1. A fine of between VND
10,000,000 and 20,000,000 shall be imposed for selling work with a forged
signature of the author.
2. Additional sanction:
Confiscation of infringing goods
specified in Clause 1 of this Article.
3. Forced destruction of
infringing goods specified in Clause 1 of this Article.
Article 26.
Acts of infringing upon the right to apply technological solutions to
self-protect copyright
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2. A fine of between VND
15,000,000 and 30,000,000 shall be imposed for internationally deleting or
modifying copyright management information in electronic from attached to the
original or copies of a word.
3. A fine of between VND
30,000,000 and 60,000,000 shall be imposed for producing, assembling, mutating,
distributing, importing, exporting, selling or renting devices to deactivate
technical and technological solutions applied by the copyright holder to
protect copyright to his/her work.
4. Additional sanction:
Confiscation of raw materials,
materials, means and equipment used in committing acts specified in Clauses 1,
2 and 3 of this Article.
5. Remedies:
a/ Forced destruction or putting
into used of raw materials, materials, means and equipment used in violations
specified in Clauses 1,2 and 3 of this Article;
b/ Forced taking out of
Vietnamese territory of infringing equipment in transit or forced re-export of
infringing equipment specified in Clauses 1, 2 and 3 of this Article.
Article 27.
Acts of appropriating copyright
1. A fine of between VND
70,000,000 and 100,000,000 shall be imposed for appropriating one of the
following moral rights:
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b/ To attach the real name or
pen name to the work; to have the real name or pen name acknowledged when the
work is published or used;
c/ To publish a word;
d/ To protect the integrity of a
work.
2. A fine off between VND
200,000,000 and 500,000,000 shall be imposed for appropriating one of the
following economic rights:
a/ To make a derivative work;
b/ To perform a work to the
public;
c/ To reproduce a work;
d/ To distribute or import the original
or copies of a work;
dd/ To communicate a work to the
public by wire or wireless means, an electronic information network or any
other technical means;
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3. Additional sanctions:
a/ Confiscation of infringing
goods, raw materials, materials, means and equipment used in the production or
trading of infringing goods specified at Point c. Clause 1, and Clause 2 of
this Article;
b/ Suspension of trading or
service activities for between 90 days and 180 days, for organizations and
individuals committing acts specified at Point c, Clause 1, and Clause 2 of
this Article.
4. Remedies:
a/ Forced destruction of
infringing goods; forced destruction or putting into use of raw materials,
materials, means and equipment used for the production of infringing goods
specified at Point c, Clause 1, and Clause 2 of this Article;
b/ Forced removal of electronic
copies of works from the Internet, electro-informatic devices and other equipment
specified at Point c, Clause 1, and Clause 2 of this Article.
Article 28.
Acts of infringing upon the right to introduce names of performers
1. Caution shall be served or a
fine of between VND 200,000 and 500,000 shall be imposed for failing to
introduce the name or introducing a wrong name of the performer upon
performance.
2. A fine of between VND
1,000,000 and 5,000,000 shall be imposed for failing to introduce the name or
introducing a wrong name of the performer on a phonogram, video recording or broadcast.
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4. Additional sanction:
Confiscation of infringing goods
specified in Clause 2 of this Article.
5. Remedies:
a/ Forced destruction of
infringing goods; forced destruction or putting into use of raw materials,
materials, means and equipment used for the production of infringing goods
specified in Clause 2 of this Article;
b/ Forced removal of electronic
copies of works from the Internet, electro-informatic devices and other
equipment specified in Clause 2 of this Article.
Article 29.
Acts of infringing upon the right to protect the integrity of performed images
1. A fine of between VND 3,000,000
and 10,000,000 shall be imposed for modifying and mutilating acts infringing
upon the right to protect the integrity of performed images in whatever forms
without consent of the performer.
2. A fine of between VND
10,000,000 and 20,000,000 shall be imposed for distorting performed images in
whatever forms.
3. Additional sanction:
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4. Remedies:
a/ Forced destruction of
infringing goods specified in Clauses 1 and 2 of this Article;
b/ Forced removal of electronic
copies of works from the Internet, electro-informatic devices and other
equipment specified in Clauses 1 and 2 of this Article.
Article 30.
Acts of infringing upon the right of performers to fix live performances
1. A fine of between VND
5,000,000 and 15,000,000 shall be imposed for fixing a live performance on a phonogram
or video recording without permission of the right holder or related right
collective representative organization.
2. Additional sanction:
Confiscation of fixed
performances and means used in fixing performances for the act specified in
Clause 1 of this Article.
3. Remedies:
a/ Forced destruction of fixed
performances for the act specified in Clause 1 of this Article;
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Article 31.
Acts of infringing upon the right to directly or indirectly reproduce
performances
Acts of directly or indirectly
reproduce a performance already fixed on a phonogram or video recording without
permission of the right holder or related right collective representative
organization shall be sanctioned as follows:
1. A fine of between VND
1,000,000 and 3,000,000 shall be imposed in case infringing goods are valued at
up to VND 5,000,000:
2. A fine of between VND
3,000,000 and 5,000,000 shall be imposed in case infringing goods are valued at
between over VND 5,000,000 and 10,000,000;
3. A fine of between VND
5,000,000 and 10,000,000 shall be imposed in case infringing goods are valued
at between over VND 10,000,000 and 20,000,000;
4. A fine of between VND
10,000,000 and 20,000,000 shall be imposed in case infringing goods are valued
at between over VND 20,000,000 and 30,000,000;
5. A fine of between VND
20,000,000 and 30,000,000 shall be imposed for in case infringing goods are valued
at between over VND 30,000,000 and 50,000,000;
6. A fine of between VND
30,000,000 and 50,000,000 shall be imposed in case infringing goods are valued
at between over VND 50,000,000 and 100,000,000;
7. A fine of between VND
50,000,000 and 100,000,000 shall be imposed in case infringing goods are valued
at between over VND 100,000,000 and 200,000,000;
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9. A fine of between VND
200,000,000 and 300,000,000 shall be imposed in case infringing goods are
valued at between over VND 300,000,000 and 400,000,000;
10. A fine of between VND
300,000,000 and 400,000,000 shall be imposed in case infringing goods are valued
at between over VND 400,000,000 and 500,000,000;
11. A fine of between VND
400,000,000 and 500,000,000 shall be imposed in case infringing goods are
valued at over VND 500,000,000;
12. Additional sanction:
Confiscation of goods and means
used in committing acts specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and
11 of this Article.
13. Remedies:
a/ Forced destruction of
infringing goods; forced destruction or putting into use of infringing raw
materials, materials, means and equipment specified in Clauses 1, 2, 3, 4, 5,
6, 7, 8, 9, 10 and 11 of this Article;
b/ Forced removal of electronic
copies of works from the Internet, electronic devices and other equipment
specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8 , 9 , 10 and 11 of this Article.
Article 32.
Acts of infringing upon the right to broadcast or otherwise communicate unfixed
performances to the public
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2. Additional sanction:
Confiscation of infringing fixed
performances, raw materials, materials, means and equipment used in committing
the act specified in Clause 1 of this Article.
3. Remedies:
a/ Forced destruction of
infringing fixed performances; forced destruction or putting into use of infringing
raw materials, materials, means and equipment used for the act specified in
Clause 1 of this Article;
b/ Forced removal of electronic
copies of performances from the Internet, electro-informatic devices and other
equipment specified in Clause 1 of this Article.
Article 33.
Acts of infringing upon the right to distribute originals or copies of
performances to the public
Acts of distributing the
original or copies of a performance to the public without consent of the right
holder or related right collective representative organization shall be
sanctioned as follows;
1. A fine of between VND 500,000
and 1,500,000 shall be imposed in case infringing goods are valued at over VND
500,000;
2. A fine of between VND
1,500,000 and 2,500,000 shall be imposed in case infringing goods are valued at
over VND 500,000 and 10,000,000;
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4. A fine of between VND
5,000,000 and 10,000,000 shall be imposed in case infringing goods are valued
at over VND 20,000,000 and 30,000,000;
5. A fine of between VND
10,000,000 and 15,000,000 shall be imposed in case infringing goods are valued
at over VND 30,000,000 and 50,000,000
6. A fine of between VND
15,000,000 and 25,000,000 shall be imposed in case infringing goods are valued
at over VND 50,000,000 and 100,000,000
7. A fine of between VND
25,000,000 and 50,000,000 shall be imposed in case infringing goods are valued
at over VND 100,000,000 and 200,000,000
8. A fine of between VND
50,000,000 and 100,000,000 shall be imposed in case infringing goods are valued
at over VND 200,000,000 and 300,000,000
9. A fine of between VND
100,000,000 and 150,000,000 shall be imposed in case infringing goods are
valued at over VND 300,000,000 and 500,000,000
10. A fine of between VND
150,000,000 and 200,000,000 shall be imposed in case infringing goods are
valued at over VND 400,000,000 and 500,000,000
11. A fine of between VND
20,000,000 and 250,000,000 shall be imposed in case infringing goods are valued
at over VND 500,000,000;
12. Additional sanction;
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13. Remedies:
a/ Forced destruction of
infringing goods; forced destruction or putting into use of infringing raw
materials, materials, means and equipment specified in Clauses 1, 2, 3, 4, 5,
6, 7, 8, 9, 10 and 11 of this Article;
b/ Forced removal of electronic
copies of works from the Internet, electro-informatic devices and other
equipment specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this
Article.
Article 34.
Acts of infringing upon the right to directly or indirectly reproduce
phonograms or video recordings
Acts of reproducing or reciting
a phonogram or video recording without permission of the right holder or
related right collective representative organization shall be sanctioned as
follows:
1. A fine of between VND
1,000,000 and 3,000,000 shall be imposed in case infringing goods are valued at
up to VND 5,000,000;
2. A fine of between VND
3,000,000 and 5,000,000 shall be imposed in case infringing goods are valued at
between over VND 5,000,000 and 10,000,000;
3. A fine of between VND
5,000,000 and 10,000,000 shall be imposed in case infringing goods are valued
at between over VND 10,000,000 and 20,000.000;
4. A fine of between VND
10,000,000 and 20,000,000 shall be imposed in case infringing goods are valued
at between over VND 20,000,000 and 30,000.000;
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6. A fine of between VND
30,000,000 and 50,000.000 shall be imposed in case infringing goods are valued
at between over VND 50.000,000 and 100,000,000;
7. A fine of between VND
50,000,000 and 100,000,000 shall be imposed in case infringing goods are valued
at between over VND 100,000,000 and 200,000,000;
8. A fine of between VND 100,000,000
and 200,000,000 shall be imposed in case infringing goods are valued at between
over VND 200,000,000 and 300,000,000;
9. A fine of between VND
200,000,000 and 300,000,000 shall be imposed in case infringing goods are
valued at between over VND 300,000,000 and 400,000,000;
10. A fine of between VND
300,000,000 and 400,000.000 shall be imposed in case infringing goods are
valued at between over VND 400,000,000 and 500,000,000;
11. A fine of between VND
400,000,000 and 500,000,000 shall be imposed in case infringing goods are
valued at over VND 500,000,000;
12. Additional sanction:
Confiscation of goods and means
used in committing acts specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and
11 of this Article.
13. Remedies:
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b/ Forced removal ol electronic
copies of works from the Internet, electro-informatic devices and other
equipment specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this
Article.
Article 35.
Acts of infringing upon the right to distribute originals or duplicates of
phonograms or video recordings to the public
Acts of distributing a phonogram
or video recording without permission of the right holder or related right
collective representative organization shall be sanctioned as follows:
1. A fine of between VND 500,000
and 1.500,000 shall be imposed in case infringing goods are valued at up to VND
5,000,000;
2. A fine of between VND
1,500,000 and 2.500,000 shall be imposed in case infringing goods are valued at
between over VND 5,000,000 and 10,000,000;
3. A fine of between VND
2.500,000 and 5,000,000 shall be imposed in case infringing goods are valued at
between over VND 10,000,000 and 20,000,000;
4. A fine of between VND
5,000,000 and 10,000,000 shall be imposed in case infringing goods are valued
at between over VND 20,000,000 and 30,000,000;
5. A fine of between VND
10,000,000 and 15,000,000 shall be imposed in case infringing goods are valued
at between over VND 30,0fX),000 and 50,000,000;
6. A fine of between VND
15,000,000 and 25,000,000 shall be imposed in case infringing goods are valued
at between over VND 50,000,000 and 100,000,000;
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8. A fine of between VND
50,000,000 and 100,000,000 shall be imposed in case infringing goods are valued
at between over VND 200.000.000 and 300,000,000:
9. A fine of between VND
100,000,000 and 150,000,000 shall be imposed in case infringing goods are
valued at between over VND 300,000,000 and 400,000,000;
10. A fine of between VND
150,000,000 and 200,000,000 shall be imposed in case infringing goods are
valued at between over VND 400,000,000 and 500,000,000;
11. A fine of between VND
200,000,000 and 250,000,000 shall be imposed in case infringing goods are
valued at over VND 500,000,000;
12. Additional sanction:
Confiscation of goods and means
used in committing acts specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and
11 of this Article.
13. Remedies:
a/ Forced destruction of
infringing goods; forced destruction or putting into use of infringing raw
materials, materials, means and equipment specified in Clauses 1, 2, 3, 4, 5,
6, 7, 8, 9, 10 and 11 of this Article;
b/ Forced removal oi electronic
copies of works from the Internet, electro-informatic devices and other
equipment specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this
Article.
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1. A fine of between VND 20,000,000
and 30,000, 000 shall be imposed for using a phonogram or video recording
already published for commercial purpose without paying royalty or renumeration
for such use to its owner.
2. A fine of between VND
30,000,000 and 50,000,000 shall be imposed for using a phonogram or video
recording already published for commercial purpose in restaurants, hotels,
supermarkets; karaoke service, post and telecornmunicatioris service or digital
environment business establishments; in tourist, aviation, public transport or
other commercial activities without paying royalty or renumeration for such use
to its owner.
3. Additional sanction:
Suspension of violating business
or service activities for between 90 days and 180 days, for organizations and
individuals committing the act specified in Clause 2 of this Article.
4. Remedy:
Forced removal of electronic
copies of phonograms or video recordings from the Internet, electro-informatic
devices and other equipment specified in Clause 2 of this Article.
Article 37.
Acts of infringing upon the rights to publish, produce and distribute
phonograms or video recordings
Acts of publishing, producing
and distributing a phonogram or video recording without permission of the right
holder or related right collective representative organization shall be
sanctioned as follows:
1. A fine of between VND 500,000
and 1,500,000 shall be imposed in case infringing goods are valued at up to VND
5,000,000;
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3. A fine of between VND
2,500,000 and 5,000,000 shall be imposed in case infringing goods are valued at
between over VND 10,000,000 and 20,000,000;
4. A fine of between VND
5,000,000 and 10,000,000 shall be imposed in case infringing goods are valued
at between over VND 20,000,000 and 30,000,000;
5. A fine of between VND
10,000,000 and 15,000,000 shall be imposed in case infringing goods are valued
at between over VND 30,000,000 and 50,000,000;
6. A fine of between VND
15,000,000 and 25,000,000 shall be imposed in case infringing goods are valued
at between over VND 50,000,000 and 100,000,000;
7. A fine of between VND
25,000,000 and 50,000,000 shall be imposed in case infringing goods are valued
at between over VND 100,000,000 and 200,000,000;
8. A fine of between VND
50,000,000 and 100,000,000 shall be imposed in case infringing goods are valued
at between over VND 200,000,000 and 300,000,000;
9. A fine of between VND
100,000,000 and 150,000,000 shall be imposed in case infringing goods are
valued at between over VND 300,000,000 and 400,000,000;
10. A fine of between VND
150,000,000 and 200,000,000 shall be imposed in case infringing goods are
valued at between over VND 400,000,000 and 500,000,000;
11. A fine of between VND
200,000,000 and 250,000,000 shall be imposed in case infringing goods are
valued at over VND 500,000,000;
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Confiscation of goods and means
used in committing acts specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and
11 of this Article.
13. Remedies:
a/ Forced destruction of
infringing goods; forced destruction or putting into use of infringing raw
materials, materials, means and equipment specified in Clauses 1, 2, 3, 4, 5,
6, 7, 8, 9, 10 and 11 of this Article;
b/ Forced removal of electronic
copies of works from the Internet, electro-informatic devices and other
equipment specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this
Article.
Article 38.
Acts of infringing upon the right to broadcast or rebroadcast broadcasts
1. A fine of between VND
50,000,000 and 100,000,000 shall be imposed for acts of broadcasting or
rebroadcasting a broadcast without permission of the right holder or related
collective representative organization.
2. Additional sanction:
Confiscation of raw materials
and materials used in committing the act specified in Clause 1 of this Article.
3. Remedies:
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b/ Forced removal of electronic
copies of fixed broadcasts from the Internet, electro-informatic devices and
other equipment specified in Clause 1 of this Article.
Article 39.
Acts of infringing upon the right to distribute broadcasts to the public
Acts of infringing upon the
right to distribute a broadcast without permission of the right holder or
related right collective representative organization shall be sanctioned as
follows:
1. A fine of between VND 500,000
and 1.500,000 shall be imposed in case infringing goods are valued at up to VND
5,000,000;
2. A fine of between VND
1,500,000 and 2.500,000 shall be imposed in case infringing goods are valued at
between over VND 5,000,000 and 10,000,000;
3. A fine of between VND
2.500,000 and 5,000,000 shall be imposed in case infringing goods are valued at
between over VND 10,000,000 and 20,000,000;
4. A fine of between VND
5,000,000 and 10,000,000 shall be imposed in case infringing goods are valued
at between over VND 20,000,000 and 30,000,000;
5. A fine of between VND
10,000,000 and 15,000,000 shall be imposed in case infringing goods are valued
at between over VND 30,000,000 and 50,000,000;
6. A fine of between VND
15,000,000 and 25,000,000 shall be imposed in case infringing goods are valued
at between over VND 50,000,000 and 100,000,000;
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8. A fine of between VND
50,000,000 and 100,000,000 shall be imposed in case infringing goods are valued
at between over VND 200,000,000 and 300,000,000;
9. A fine of between VND
100,000,000 and 150,000,000 shall be imposed in case infringing goods are
valued at between over VND 300,000,000 and 400,000,000;
10. A fine of between VND
150,000,000 and 200,000,000 shall be imposed in case infringing goods are
valued at between over VND 400,000,000 and 500,000,000;
11. A fine of between VND
200,000,000 and 25().(XXUXK) shall be imposed in case infringing goods are
valued at over VND 500,000,000;
12. Additional sanction:
Confiscation of goods and means
used in committing acts specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and
11 of this Article.
13. Remedies:
a/ Forced destruction or
infringing goods; forced destruction or putting into use of infringing raw
materials, materials, means and equipment used specified in Clauses 1, 2, 3, 4,
5, 6, 7, 8, 9, 10 and 11 of this Article;
b/ Forced removal of electronic
copies of works from the Internet, electro-informatic devices and other equipment
specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Article.
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1. A fine of between VND
20,000,000 and 50,000,000 shall be imposed for infringing upon the right to fix
a broadcast without permission of the right holder or related right collective
representative organization.
2. Additional sanction:
Confiscation of infringing fixed
broadcasts and raw materials and materials used in committing the act specified
in Clause 1 of this Article.
3. Remedies:
a/ Forced destruction of
infringing fixed broadcasts specified in Clause 1 of this Article;
b/ Forced removal of electronic
copies of fixed broadcasts from the Internet, electro-informatic devices and
other equipment specified in Clause 1 of this Article.
Article 41.
Acts of infringing upon the right to reproduce broadcasts
Acts of reproducing a fixed
broadcast without permission of the right holder or related right collective
representative organization shall be sanctioned as follows:
1. A fine of between VND
1,000,000 and 3,000,0u0 shall be imposed in case infringing goods are valued at
up to VND 5,000,000:
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3. A fine of between VND
5,000,000 and 10,000,000 shall be imposed in case infringing goods are valued
at between over VND 10,000,000 and 20,000,000;
4. A fine of between VND
10,000,000 and 20,000,000 shall be imposed in case infringing goods are valued
at between over VND 20,000,000 and 30,000,000;
5. A fine of between VND
20,000,000 and 30,000,000 shall be imposed in case infringing goods are valued
at between over VND 30,000,000 and 50,000,000;
6. A fine of between VND
30,000,000 and 50,000,000 shall be imposed in case infringing goods are valued
at between over VND 50,000,000 and 100,000,000;
7. A fine of between VND
50,000,000 and 100,000,000 shall be imposed in case infringing goods are valued
at between over VND 100,000,000 and 200,000,000;
8. A fine of between VND
100,000,000 and 200,000,000 shall be imposed in case infringing goods are
valued at between over VND 200,000.IXX) and 300,000,000;
9. A fine of between VND
200,000,000 and 300,000,000 shall be imposed in case infringing goods are
valued at between over VND 300,000,000 and 400,000,000;
10. A fine of between VND
300,000,000 and 400,000,000 shall be imposed in case infringing goods are
valued at between over VND 400,000,000 and 500,000,000;
11. A fine of between VND
400,000,000 and 500,000.000 shall rje imposed in case infringing goods are
valued at over VND 500,000.IXX);
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Confiscation of goods and means
used in committing acts specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and
11 of this Article.
13. Remedies:
a/ Forced destruction of
infringing goods; forced destruction or putting into use of infringing raw
materials, materials, means and equipment specified in Clauses 1,2,3.4,5.6,7,
8,9. 10 and 11 of this Article;
b/Forced removal of electronic
copies of works from the Internet, electro-informatic devices and other
equipment specified in (Clauses 1,2, 3,4, 5, 6,7,8,9,10 and 11 of this Article.
Article 42.
Acts of reciting broadcasts
Acts of reciting a broadcast
without permission of the right holder or related right collective
representative organization shall be sanctioned as follows:
1. A fine of between VND
10,000,000 and 20,000,000 shall be imposed in case infringing goods are valued
at up to VND 10,000,000;
2. A fine of between VND
20,000,000 and 50,000,000 shall be imposed in case infringing goods are valued
at over VND 10,000,000.
3. Additional sanction:
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4. Remedies:
a/ Forced destruction of
infringing goods; forced destruction or putting into use raw materials,
materials, means and equipment used in committing the act specified in Clauses
1 and 2 of this Article;
b/ Forced removal of electronic
copies of fixed broadcasts from the Internet, electro-informatic devices and
other equipment specified in Clause I of this Article.
Article 43.
Acts of infringing upon the right to apply technological solutions to protect
related rights
1. A fine of between VND
5,000,000 and 15,000,000 shall be imposed for disengaging or modifying right
management information in electronic form without permission of the related
right holder or related right collective representative organization.
2. A fine of between VND
15,000,000 and 30,000,000 shall be imposed for intentionally canceling or
deactivating technical solutions applied by the related right holder or related
right collective representative organization to protect his/ her/its related rights.
3. A fine of between VND
30,000,000 and 60,000,000 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
or related right collective representative organization.
4. A fine of between VND
50,000,000 and 70,000,000 shall be imposed for producing, assembling, mutating,
distributing, importing, exporting, selling or renting equipment that help
illegally decode encrypted program-carrying satellite signals.
5. A fine of between VND
50,000,000 and 100,000,000 shall be imposed for intentionally receiving or
relaying encrypted program-carrying satellite signals without permission of the
lawful distributor.
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Confiscation of infringing
goods, raw materials, materials, means and equipment used in the production and
trading of infringing goods specified in Clauses 1, 2. 3,4 and 5 of this
Article.
7. Remedies:
a/ Forced destruction or putting
into use raw materials, materials, means and equipment used in infringing acts
specified in Clauses 1, 2, 3, 4 and 5 of this Article;
b/ Forced removal of electronic
originals and copies of works, performances, phonograms, video recordings or
broadcasts from the Internet, electro-informatic devices and other equipment
specified in Clauses 1, 2, 3, 4 and 5 of this Article;
c/ Forced taking out of
Vietnamese territory of infringing equipment in transit or re-export of
infringing equipment specified in Clauses 1, 2, 3, 4 and 5 of this Article.
Article 44.
Acts of appropriating related rights
1. A fine of between VND
70,000,000 and 100,000,000 shall be imposed for appropriating one of the
following moral rights of performers:
a/ To be acknowledged when
performing or distributing phonograms, video recordings, or broadcasting
performances;
b/ To protect the integrity of
performed images, prevent others from modifying. mutilating or distorting works
in whatever forms prejudicial to the honor and reputation of performers.
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a/ To fix their live performances
on phonograms or video recordings;
b/ To directly or indirectly
reproduce their performances which have been fixed on phonograms or video
recordings;
c/ To broadcast or otherwise
communicate to the public their unfixed performances in a way accessible by the
public, unless when such performances are intended for broadcasting;
d/ To distribute to the public
their original performances and copies thereof in the form of sale, rental or
distribution by whatever technical means accessible by the public.
3. A fine of between VND
200,000,000 and 500,000,000 shall be imposed for appropriating one of the
following moral rights of producers of phonograms or video recordings:
a/ To directly or indirectly
reproduce their phonograms or video recordings;
b/ To distribute to the public
originals or copies of their phonograms or video recordings in the form of
sale, rental or distribution by whatever technical means accessible by the
public.
4. A fine of between VND
200,000,000 and 500,000,000 shall be imposed for appropriating one of the
following property rights of broadcasting organizations:
a/ To broadcast and rebroadcast
their broadcasts; b/ To distribute to the public their broadcasts;
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5. Additional sanctions:
a/ Confiscation of raw
materials, materials, means and equipment used in the production and trading of
infringing goods specified in Clauses 1, 2, 3 and 4 of this Article;
b/ Suspension of trading and
service activities for between 90 days and 180 days, for individuals and
organizations committing acts specified in Clauses 1, 2, 3 and 4 of this
Article.
6. Remedies:
a/ Forced destruction infringing
goods; forced destruction or putting into use raw materials, materials, means
and equipment used in infringing acts specified in Clauses 1, 2, 3 and 4 of
this Article;
b/ Forced removal of electronic
originals and copies of works, performances, phonograms, video recordings or
broadcasts from the Internet, electro-informatic devices and other equipment
specified in Clauses 1, 2, 3 and 4 of this Article.
Chapter 3
COMPETENCE TO SANCTION
ADMINISTRATIVE VIOLATIONS
Article 45.
Competence to sanction administrative violations of copyright and related
rights
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a/ To serve caution or impose
fines of up to VND 500,000;
b/ To impose the additional
sanction specified at Point a, Clause 2, Article 3 of this Decree on material
evidence and means valued at up to VND 2,000,000 used in administrative
violations;
c/ To compel the application of
remedies specified in Clauses 1,2, 3,5.6 and 7, Article 4 of this Decree.
2. Chief inspectors of
provincial-level Services of Culture, Sports and Tourism have the following
powers:
a/ To serve caution or impose
fines of up to VND 30,000,000;
b/To impose the additional
sanctions specified in Clause 2, Article 3 of this Decree;
c/ To compel the application of
remedies specified in Clauses 1, 2. 3, 5. 6 and 7, Article 4 of this Decree.
3. The chief inspector of the
Ministry of Culture. Sports and Tourism has the following powers:
a/ To serve caution or impose
lines of up to maximum levels prescribed in this Decree;
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c/ To compel the application of
remedies specified in Clauses 1.2,3.5,6 and 7. Article 4 of this Decree.
4. Commune-level People's
Committee presidents have the following powers:
a/ To serve caution or impose
fines of up to VND 2,000,000:
b/To impose the additional
sanction specified at Point a. Clause 2, Article 3 of this Decree for material
evidence and means valued at up to VND 2.000.000 used in administrative
violations;
c/ To compel the application of
remedies specified in Clauses 1. 2. 3 and 5, Article 4 of this Decree.
5. District-level People's
Committee presidents have the following powers:
a/ To serve caution or impose
fines of up to VND 30,000,000;
b/ To impose the additional
sanctions specified in Clause 2, Article 3 of this Decree;
c/ To compel the application of
remedies specified in Clauses 1, 2. 3. 5. 6 and 7, Article 4 of this Decree.
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a/ To serve caution or impose
fines of up to maximum levels as prescribed in this Decree;
b/ To impose the additional
sanctions specified in Clause 2. Article 3 of this Decree;
c/ To compel the application of
remedies specified in Article 4 of this Decree.
7. Customs officers on duty have
the power to sanction acts infringing upon copyright and related rights
specified in Clause I, Article 34 of the Ordinance on Handling of
Administrative Violations.
Heads of operations teams of district-level
customs departments and heads of operations teams of post-customs clearance
examination sections have the power to sanction acts infringing upon copyright
and related rights specified in Clause 2, Article 34 of the Ordinance on
Handling of Administrative Violations.
Directors of district-level
Customs Departments, directors of post-customs clearance examination sections,
heads of control teams under the Customs Departments of provinces,
inter-provinces and centrally run cities (below collectively referred to as
provincial-level Customs Departments), heads of anti-smuggling control teams
and commanders of sea control flotillas under the Anti-Smuggling Investigation
Department of the General Department of Customs have the power to sanction acts
infringing upon copyright and related rights specified at Points a and b.
Clause 3. Article 34 of the Ordinance on Handling of Administrative Violations;
and impose the additional sanction specified at Point a. Clause 2. Article 3 of
this Decree.
The director of the
Anti-Smuggling Department, the director of the Post- Customs Clearance
Examination Department of the General Department of Customs and directors of
provincial-level Customs Departments have the power to sanction acts infringing
upon copyright and related rights specified at Points a and b, Clause 4,
Article 34 of the Ordinance on Handling of Administrative Violations; and
impose the additional sanction specified in Clause 2. Article 3 of this Decree;
and compel the application of remedies specified in Clauses 2, 3, 4 and 5,
Article 4 of this Decree.
8. Market controllers on duty
have the power to sanction acts infringing upon copyright and related rights
specified in Clause I, Article 37 of the Ordinance on Handling of
Administrative Violations.
Heads of market control teams
have the power to sanction acts infringing upon copyright and related rights
specified at Points a and b. Clause 2,
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Directors of market control
sub-departments have the power to sanction acts infringing upon copyright and
related rights specified at Points a and b, Clause 3. Article 37 of the
Ordinance on Handling of Administrative Violations; impose the additional
sanctions specified in Clause 2. Article of this Decree; and compel the
application of remedies specified in Clauses 1, 2, 3 and 5. Article of this
Decree.
The director of the Market
Control Department has the power to sanction acts infringing upon copyright and
related rights in accordance with Points a and b. Clause 4, Article 37 of the
Ordinance on Handling of Administrative Violations; impose the additional
sanctions specified in Clause 2, Article 3 of this Decree; and compel the
application of remedies specified in Clauses 1, 2, 3 and 5, Article 4 of this
Decree.
9. People's policemen on duty
have the power to sanction acts infringing upon copyright and related rights in
accordance with Clause 1. Article 31 of the Ordinance on Handling of
Administrative Violations.
Heads of police posts and heads
of people's policemen on duty have the power to sanction acts infringing upon
copyright and related rights specified in Clause 2, Article 31 of the Ordinance
on Handling of Administrative Violations.
Commune-level police heads have
the power to sanction acts infringing upon copyright and related rights in
accordance with Clause 3. Article 31 of the Ordinance on Handling of
Administrative Violations; impose the additional sanction specified at Point a,
Clause 2, Article 3 of this Decree for material evidence and means valued at up
to VND 2,000,000 used in administrative violations; and compel the application
of remedies specified in Clauses 1, 2, 3 and 5, Article 4 of this Decree.
District-level police heads have
the power to sanction acts infringing upon copyright and related rights
specified at Points a and b. Clause 4, Article 31 of the Ordinance on Handling
of Administrative Violations; impose the additional sanctions specified in
Clause 2. Article 3 of this Decree; and compel the application of remedies
specified in Clauses 1, 2. 3, 5,6 and 7, Article 4 of this Decree.
Directors of police sections for
administrative management of social order, directors of police sections for
order, heads of police sections for investigation of social order-related
crimes, directors of police sections for investigation of economic management
order and post-related crimes, directors of police sections for investigation
of narcotic-related crimes, directors of road and railway traffic police
sections, directors of waterway traffic police sections, heads of fire
prevention and fighting police sections, directors of judicial protection and
assistance police sections, directors of environmental protection police
sections, directors of immigration management sections, heads of mobile police
units of company or higher levels, heads of police stations and heads of
border-gate or export-processing zone police posts have the power to sanction
acts infringing upon copyright and related rights specified at Points a and b,
Clause 5, Article 31 of the Ordinance on Handling of Administrative Violations;
impose the additional sanctions specified in Clause 2, Article 3 of this
Decree; and compel the application of remedies specified in Clauses 1, 2, 3, 5,
6 and 7, Article 4 of this Decree.
Directors of provincial-level
Police Departments and directors of Fire Prevention and Fighting Police
Services have the power to sanction acts infringing upon copyright and related
rights specified at Points a and b. Clause 6, Article 31 of the Ordinance on
Handling of Administrative Violations; impose the additional sanctions
specified in Clause 2, Article 3 of this Decree; and compel the application of
remedies specified in Clauses 1, 2, 3 and 5. Article 4 of this Decree.
The 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 Post-Related Crimes, the director of the Police Department for
Investigation of Narcotic-Related Crimes, the director of the Road and Railway
Traffic Police Department, the director of the Waterway Traffic Police
Department, the director of the Fire Prevention and Fighting Police Department,
the director of the Judicial Protection and Assistance Police Department, the
director of the Environmental Protection Police Department and the director of
the Immigration Management Department have the power to sanction acts
infringing upon copyright and related rights specified at Points a and b,
Clause 7, Article 31 of the Ordinance on Handling of Administrative Violations;
impose the additional sanctions specified in Clause 2, Article 3 of this
Decree; and compel the application of remedies specified in Clauses 1,2,3,5,6
and 7, Article 4 of this Decree.
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Heads of border guard stations,
chief commanders of border guard flotillas, chief commanders of border guard
sub-zones and chief commanders of border guards at port border gates have the
power to sanction acts infringing upon copyright and related rights specified
at Points a and b. Clause 3, Article 32 of the Ordinance on Handling of
Administrative Violations; impose the additional sanctions specified at Point
a. Clause 2. Article 3 of this Decree; and compel the application of remedies
specified in Clauses 1, 2, 3 and 5, Article 4 of this Decree.
Chief commanders of
provincial-level Border Guards and chief commanders of border guard flotillas
attached to the Border Guard High Command have the power to sanction acts
infringing upon copyright and related rights specified at Points a and b,
Clause 4. Article 32 of the Ordinance on Handling of Administrative Violations;
impose the additional sanctions specified in Clause 2. Article 3 of this
Decree; and compel the application of remedies specified in Clauses 1,2,3,5,6
and 7, Article 4 of this Decree.
11. Policemen of coast guard
operations teams on duty have the power to sanction acts infringing upon
copyright and related rights specified in Clause 1. Article 33 of the Ordinance
on Handling of Administrative Violations.
Heads of coast guard operations
teams have the power to sanction acts infringing upon copyright and related
rights specified in Clause 2, Article 33 of the Ordinance on Handling of
Administrative Violations.
Commanders of coast guard
flotillas have the power to sanction acts infringing upon copyright and related
rights specified at Points a and b. Clause 4, Article 33 of the Ordinance on
Handling of Administrative Violations; and compel the application of remedies
specified in Clauses 1, 2, 3 and 5, Article 4 of this Decree.
Commanders of coast guard fleets
have the power to sanction acts infringing upon copyright and related rights
specified at Points a and b. Clause 5, Article 33 of the Ordinance on Handling
of Administrative Violations; and compel the application of remedies specified
in Clauses 1, 2, 3 and 5, Article 4 of this Decree.
Chief commanders of coast guard
zones have the power to sanction acts infringing upon copyright and related
rights specified at Points a and b. Clause 6, Article 33 of the Ordinance on
Handling of Administrative Violations; impose the additional sanction specified
at Point a. Clause 2. Article 3 of this Decree; and compel the application of
remedies specified in Clauses 1, 2, 3, 5, 6 and 7, Article 4 of this Decree.
The director of the Coast Guard
Department has the power to sanction acts infringing upon copyright and related
rights specified at Points a and b. Clause 7, Article 33 of the Ordinance on
Handling of Administrative Violations; impose the additional sanctions
specified in Clause 2. Article of this Decree; and compel the application of
remedies specified in Clauses 1, 2, 3 and 5, Article of this Decree.
Article 46.
Principles for determining competence to sanction
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2. Chief inspectors and
specialized inspectors of the Ministry of Culture. Spoils and Tourism and
provincial-level Services of Culture. Sports and Tourism have the power to
sanction administrative violations of copyright and related rights within the
scope of their state management.
For administrative violations
falling beyond the competence of chief inspectors of provincial-level Services
of Culture. Sports and Tourism, their dossiers shall be transferred to
provincial-level People's Committee presidents for sanction according to their
competence.
3. When an administrative
violation falls within the sanctioning competence of more than one person under
this Decree, the person who first receives the case will sanction it.
4. When a person commits many
administrative violations falling under the sanctioning competence of different
persons of different branches, the sanctioning competence will rest with the
president of the competent People's Committee of the locality where the
violations are committed.
Chapter 4
COMPLAINTS,
DENUNCIATIONS AND HANDLING OF VIOLATIONS
Article 47.
Complaints and denunciations
1. Citizens may denounce to
competent state agencies administrative violations of copyright and related
rights committed by organizations or individuals specified in this Decree or
violations committed by persons competent to sanction administrative violations
of copyright and related rights in accordance with law.
2. Organizations and individuals
sanctioned for administrative violations or their lawful representatives may
complain about sanctioning decisions in accordance with the law on complaints
and denunciations.
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4. The order and procedures for
lodging complaints about and denunciations on administrative violations of
copyright and related rights and the competence to settle these complaints and
denunciations comply with the law on complaints and denunciations.
Article 48.
Handling of violations committed by persons competent to sanction
administrative violations of copyright and related rights
1. Persons competent to sanction
administrative violations of copyright and related rights who harass, tolerate
or cover up violations, fail to handle violations or handle violations lately,
improperly or ultra vires shall, depending on the nature and seriousness of
their violations, be administratively disciplined or examined for penal
liability.
2. Persons competent to sanction
administrative violations of copyright and related rights who illegally
appropriate or use confiscated money, material evidence and means used in
administrative violations shall, depending on the nature and seriousness of
their violations, be administratively disciplined or examine for penal
liability, and pay damages in accordance with the civil law.
Article 49.
Handling of violations committed by persons sanctioned for administrative
violations of copyright and related rights
Persons sanctioned for
administrative violations of copyright or related rights who commit violations
in the course of serving sanctioning decisions or commit other acts of
violation shall be handled under Article 122 of the Ordinance on Handling of
Administrative Violations.
Chapter 5
IMPLEMENTATION
PROVISIONS
Article 50.
Effect This Decree lakes effect on June 30, 2009. and replaces the provisions
of Articles 44, 45. 46 and 47. Section 7, Chapter II and other provisions of
the Government's Decree No. 56/2006/ND-CP of June 6, 2006, on sanctioning
administrative violations in cultural and information activities which are contrary
to this Decree.
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ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung