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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 129/2021/ND-CP
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Hanoi, December 30, 2021
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DECREE
AMENDMENTS TO SOME ARTICLES OF DECREES PROVIDING FOR PENALTIES
FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON TOURISM; SPORTS; COPYRIGHT
AND RELATED RIGHTS; CULTURAL AND ADVERTISING ACTIVITIES
Pursuant to the Law on
Government Organization dated June 19, 2015;
Pursuant to the Law on
Amendments to some Articles of the Law on Government Organization and Law on
Local Government Organization dated November 22, 2019;
Pursuant to the Law on
Penalties for Administrative Violations dated June 20, 2012;
Pursuant to the Law on
Amendments and Supplements to certain Articles of the Law on Penalties for
Administrative Violations dated November 13, 2020;
At the request of the
Minister of Culture, Sports and Tourism;
The Government hereby
promulgates a Decree on amendments to some Articles of Decrees providing for
penalties for administrative violations against regulations on tourism; sports;
copyright and related rights; cultural and advertising activities.
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1. Article 2a is added
after Article 2 as follows:
“Article 2a.
Prescriptive time limits for imposing penalties for administrative violations
1. The prescriptive time limit
for imposition of a penalty for an administrative violation against regulation
on tourism shall be 01 year.
2. The dates which are
used to determine the prescriptive time limits for imposing penalties for
administrative violations against regulations on tourism are as follows:
a) For an in-progress
administrative violation specified in Point a Clause 3 of this Article, the
prescriptive time limit begins from the date on which that the competent law
enforcement officer detects such violation;
b) For a completed
administrative violation specified in Point b Clause 3 of this Article, the
prescriptive time limit begins from the date on which that violation
terminates;
c) For a case where a
penalty is imposed for an administrative violation committed by an organization
or individual which is transferred by the competent person making the
administrative violation record, the prescriptive time limit for imposition of
a penalty therefor shall comply with Clause 1 of this Article and begin from
the date in Point a or b of this Clause to the date on which the penalty
imposition decision is issued.
3. In-progress
administrative violations and completed administrative violations against
regulations on tourism
a) In-progress
administrative violation against regulations on tourism is a persistent
violation which has been occurring at the time when it is discovered and
penalized by the competent authority or competent person and has been directly
infringing upon state management order;
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4. Within the time limits
specified in Clause 1 of this Article, if a violating person deliberately
evades or militates against penalty imposition by a competent authority, the
time limits shall be reset, starting from the time of abandonment of acts of evading
or militating against penalty imposition.”
2. Several Clauses of
Article 10 are amended as follows:
a) Clause 9 is amended as
follows:
“9. Additional penalties:
Suspend business for 01
to 03 months if the violation specified in Clause 7 of this Article is
committed.”
b) Clause 10 is added as
follows:
“10. Remedial measures:
Enforced return of the
illegal benefits obtained from the violations specified in Clauses 4 to 7 of
this Article.”
3. Article 19 is amended
as follows:
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1. Inspectors and persons
authorized to perform specialized inspection tasks in the performance of their
duty have the power to:
a) issue warnings;
b) impose a fine of up to
VND 500,000;
c) confiscate exhibits of
administrative violations, the value of which value does not exceed VND
1,000,000.
2. Chief Inspectors of
Provincial Departments and chiefs of provincial inspectorates have the power
to:
a) issue warnings;
b) impose a fine of up to
VND 25,000,000;
c) suspend the license or
practicing license or suspend the operation;
d) confiscate exhibits of
administrative violations, the value of which does not exceed VND 50,000,000.
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3. Chiefs of ministerial
inspectorates have the power to:
a) issue warnings;
b) impose a fine of up to
VND 35,000,000;
c) suspend the license or
practicing license or suspend the operation;
d) confiscate exhibits of
administrative violations, the value of which does not exceed VND 70,000,000;
dd) enforce the remedial
measures mentioned in Article 4 of this Decree.
4. Ministerial Chief
Inspector, Director General of Directorate for Roads of Vietnam and Director
General of Vietnam Inland Waterway Administration have the power to:
a) issue warnings;
b) impose a fine of up to
VND 50,000,000;
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d) confiscate exhibits of
administrative violations;
dd) enforce the remedial
measures mentioned in Article 4 of this Decree.”
4. Article 20 is amended
as follows:
“Article 20. Power of
Chairmen/Chairwomen of People’s Committees
1. Chairmen/Chairwomen of
communal People’s Committees have the power to:
a) issue warnings;
b) impose a fine of up to
VND 5,000,000;
c) confiscate exhibits of
administrative violations, the value of which does not exceed VND 10,000,000.
2. Chairmen/Chairwomen of
district-level People’s Committees have the power to:
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b) impose a fine of up to
VND 25,000,000;
c) suspend the license or
practicing license or suspend the operation;
d) confiscate exhibits of
administrative violations;
dd) enforce the remedial
measures mentioned in Article 4 of this Decree.
3. Chairmen/Chairwomen of
provincial People’s Committees have the power to:
a) issue warnings;
b) impose a fine of up to
VND 50,000,000;
c) suspend the license or
practicing license or suspend the operation;
d) confiscate exhibits of
administrative violations;
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5. Article 21 is amended
as follows:
“Article 21. Power of
market surveillance authorities
1. Market surveillance
team leaders and Head of Professional Division affiliated to the Market Surveillance
Operations Department have the power to:
a) impose a fine of up to
VND 25,000,000;
b) enforce the remedial
measures mentioned in Article 4 of this Decree.
2. Directors General of
provincial Market Surveillance Departments and Director General of the Market
Surveillance Operations Department affiliated to the Vietnam Directorate of
Market Surveillance have the power to:
a) impose a fine of up to
VND 50,000,000;
b) confiscate exhibits of
administrative violations;
c) suspend the license or
suspend the operation;
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3. The Director General
of the Vietnam Directorate of Market Surveillance has the power to:
a) impose a fine of up to
VND 50,000,000;
b) confiscate exhibits of
administrative violations;
c) suspend the license or
suspend the operation;
d) enforce the remedial
measures mentioned in Article 4 of this Decree.”
6. Article 22 is amended
as follows:
“Article 22. Power of
the Border Guard
1. The Border Guard officers
in the performance of their duty have the power to:
a) issue warnings;
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2. Senior officers of the
persons mentioned in Clause 1 of this Article have the power to:
a) issue warnings;
b) impose a fine of up to
VND 2,500,000.
3. The leaders of Task
Force Teams for Drug and Crime Prevention and Control which are put under the
control of Task Force Commissions for Drug and Crime Prevention and Control
have the power to:
a) issue warnings;
b) impose a fine of up to
VND 5,000,000;
c) confiscate exhibits of
administrative violations, the value of which does not exceed VND 10,000,000.
4. Commanding Officers of
Border Guard Posts, Captains of Naval Border Guard Flotillas and Commanders of
the Border Guard Commands at port border gates have the power to:
a) issue warnings;
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c) confiscate exhibits of
administrative violations, the value of which does not exceed VND 20,000,000;
d) enforce the remedial measures
mentioned in Clauses 2, 3 and 4 Article 4 of this Decree.
5. Leaders of Task Force
Commissions for Drug and Crime Prevention and Control as an affiliate of the
Department of Drug and Crime Prevention and Control under the control of the
Border Guard High Command have the power to:
a) issue warnings;
b) impose a fine of up to
VND 25,000,000;
c) confiscate exhibits of
administrative violations, the value of which does not exceed VND 50,000,000;
d) enforce the remedial
measures mentioned in Article 4 of this Decree.
6. Chief Commander of
provincial-level Border Guards; Captains of Naval Border Guard Squadrons and
Director General of the Department of Drug and Crime Prevention and Control
affiliated to the Border Guard High Command have the power to:
a) issue warnings;
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c) suspend the license or
practicing license or suspend the operation;
d) confiscate exhibits of
administrative violations;
dd) enforce the remedial
measures mentioned in Article 4 of this Decree.”.
7. Article 23 is amended
as follows:
“Article 23. Power of
the Coast Guard
1. Coastguard officers in
the performance of their duty have power to:
a) issue warnings;
b) impose a fine of up to
VND 1,000,000.
2. Captains of coastguard
teams have power to:
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b) impose a fine of up to
VND 2,500,000.
3. Coastguard squad
leaders and captains of coastguard stations have the power to:
a) issue warnings;
b) impose a fine of up to
VND 5,000,000.
4. Commanders of
coastguard platoons have power to:
a) issue warnings;
b) impose a fine of up to
VND 10,000,000;
c) confiscate exhibits of
administrative violations, the value of which does not exceed VND 20,000,000;
d) enforce the remedial
measures mentioned in Clauses 2, 3 and 4 Article 4 of this Decree.
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a) issue warnings;
b) impose a fine of up to
VND 15,000,000;
c) confiscate exhibits of
administrative violations, the value of which does not exceed VND 30,000,000;
d) enforce the remedial
measures mentioned in Clauses 2, 3 and 4 Article 4 of this Decree.
6. Commanders of regional
coastguard command centers and Director General of the Department of Operations
and Legislation under the control of the Command of Coast Guard of Vietnam have
the power to:
a) issue warnings;
b) impose a fine of up to
VND 25,000,000;
c) suspend the license or
practicing license or suspend the operation;
d) confiscate exhibits of
administrative violations;
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7. Commander of Vietnam
Coast Guard has the power to:
a) issue warnings;
b) impose a fine of up to
VND 50,000,000;
c) suspend the license or
practicing license or suspend the operation;
d) confiscate exhibits of
administrative violations;
dd) enforce the remedial
measures mentioned in Clauses 2, 3 and 4 Article 4 of this Decree.
8. Article 24 is amended
as follows:
“Article 24. Power of
the People's Public Security
1. Soldiers of the
People’s Public Security in the performance of their duty have the power to:
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b) impose a fine of up to
VND 500,000.
2. Heads of company-level
Mobile Police units, Station Heads and Team Leaders supervising the persons
defined in Clause 1 of this Article have the power to:
a) issue warnings;
b) impose a fine of up to
VND 1,500,000.
3. Commune-level Police
Chiefs, Heads of Police Posts, Heads of Police Stations at border gates, export
processing zones, Heads of International Airport Police, Majors of Mobile
Police Battalions, and Captains of Squadrons have the power to:
a) issue warnings;
b) impose a fine of up to
VND 2,500,000;
c) confiscate exhibits of
administrative violations, the value of which does not exceed VND 5,000,000.
4. District-level Police
Chiefs; the Head of the Professional Division of the Internal Political Security
Department; the Head of the Professional Division of the Police Department of
Administrative Management of Social Order; the Head of the Professional
Division of the Traffic Police Department; the Head of the Professional
Division of the Department of Fire Prevention, Fighting and Rescue; the Head of
the Professional Division of the Department of Cybersecurity, Hi-tech Crime
Prevention and Control; the Head of the Professional Division of the
Immigration Department; the Chiefs of provincial Police Departments, including:
Chiefs of Internal Political Security Divisions, Chiefs of Police Divisions for
Administrative Management of Social Order, Chiefs of Investigation Police
Divisions for Social Order Crimes, Chiefs of Investigation Police Divisions for
Corruption, Economic and Smuggling Crimes, Chiefs of Traffic Police Divisions,
Chiefs of Road and Railway Traffic Police, Chiefs of Road Traffic Police
Divisions, Chiefs of Waterway Police Divisions, Chiefs of Mobile Police
Divisions, Chiefs of Police Divisions for Prevention and Control of
Environmental Crimes, Chiefs of Firefighting, Prevention and Rescue Police
Divisions, Chiefs of Cybersecurity, Hi-tech Crime Prevention and Control
Divisions, Chiefs of Immigration Divisions; Chiefs of Economic Security
Divisions; Chiefs of External Security Divisions; Colonels of Mobile Police
Regiments; Captains of Squadrons have the power to:
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b) impose a fine of up to
VND 10,000,000;
c) suspend the license or
practicing license or suspend the operation;
d) confiscate exhibits of
administrative violations, the value of which does not exceed VND 20,000,000;
dd) enforce the remedial
measures mentioned in Clauses 2, 3 and 4 Article 4 of this Decree.
5. Directors of
provincial Police Departments have the power to:
a) issue warnings;
b) impose a fine of up to
VND 25,000,000;
c) suspend the license or
practicing license or suspend the operation;
d) confiscate exhibits of
administrative violations;
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6. Director General of
the Internal Political Security Department; Director General of the Economic
Security Department; Director General of the Police Department for
Administrative Management of Social Order; Director General of the Investigation
Police Department for Social Order Crimes; Director General of the
Investigation Police Department for Corruption, Economic and Smuggling Crimes;
Director General of the Investigation Police Department for Drug Crimes;
Director General of the Traffic Police Department; Director General of the
Firefighting, Prevention and Rescue Police Department; Director General of the
Police Department for Prevention and Control of Environmental Crimes; Director
General of the Cybersecurity, Hi-tech Crimes Prevention and Control Department;
Director General of the Internal Security Department; Director General of
Immigration Department, and Commander of the Mobile Police have the power to:
a) issue warnings;
b) impose a fine of up to
VND 50,000,000;
c) suspend the license or
practicing license or suspend the operation;
d) confiscate exhibits of
administrative violations;
dd) enforce the remedial
measures mentioned in Article 4 of this Decree.”
9. Several Clauses of
Article 25 are amended as follows:
a) Clause 3 is amended as
follows:
“3. Competent persons of
market surveillance authorities have the power to make administrative violation
records, impose penalties for administrative violations and enforce remedial
measures against the administrative violations specified in Point a Clause 3,
Point c Clause 4 Article 6; Point c Clause 4, Point d Clause 5, Point b Clause
12, Points a and b Clause 13 and Clause 14 Article 7; Clauses 4 and 7 Article
8; Point c Clause 1, Clauses 4, 6 and 7 Article 10; Clause 1, Point a Clause 3,
Point h Clause 4 Article 13 within their power specified in Article 21 of this
Decree and according to the competence specified in Article 21 and within
the scope of their functions, tasks and entitlements”.
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“4. Competent persons of
the Border Guard have the power to make administrative violation records,
impose penalties for administrative violations and enforce remedial measures
against the administrative violations specified in Clauses 5, 6 and 7 Article 6;
Clause 4 Article 7; Clauses 1, 2, 3, 4 and 5, Points b and c Clause 6, Clauses
7, 8 and 9 Article 9; Article 14; Clauses 2, 3, 4, 5, 6 and 7 Article 15;
Article 17 within their power specified in Article 22 of this Decree and
according to the competence specified in Article 21 and within the scope of
their functions, tasks and entitlements”.
10. Clause 2 of Article
26 is amended as follows:
“2. Chief inspector and
officials tasked with inspection and verification in tourism and market
surveillance officials in the performance of their duty have the power to make
administrative violation records and transfer administrative violation
documents to competent persons to impose penalties as prescribed by law.”
Article
2. Amendments to some Articles of Government’s Decree No. 46/2019/ND-CP dated
May 27, 2019 on penalties for administrative violations against regulations on
sports
1. Article 2a is added
after Article 2 as follows:
“Article 2a.
Prescriptive time limits for imposing penalties for administrative violations
1. The prescriptive time
limit for imposition of a penalty for an administrative violation against
regulations on sports shall be 01 year.
2. The dates which are
used to determine the prescriptive time limits for imposing penalties for administrative
violations against regulations on sports are as follows:
a) For an in-progress
administrative violation specified in Point a Clause 3 of this Article, the
prescriptive time limit begins from the date on which that the competent law
enforcement officer detects such violation;
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c) For a case where a
penalty is imposed for an administrative violation committed by an organization
or individual which is transferred by the competent person making the
administrative violation record, the prescriptive time limit for imposition of
a penalty therefor shall comply with Clause 1 of this Article and begin from
the date in Point a or b of this Clause to the date on which the penalty
imposition decision is issued.
3. In-progress
administrative violations and completed administrative violations against
regulations on sports
a) In-progress
administrative violation against regulations on sports is a persistent
violation which has been occurring at the time when it is discovered and
penalized by the competent authority or competent person and has been directly
infringing upon state management order;
b) Completed
administrative violation against regulations on tourism is a violation which is
committed one or more occasions and there are grounds and information proving
that such violation had been completed before the competent authority or competent
person discovered such violation.
4. Within the time limits
specified in Clause 1 of this Article, if a violating person deliberately
evades or militates against penalty imposition by a competent authority, the
time limits shall be reset, starting from the time of abandonment of acts of
evading or militating against penalty imposition.”
2. Article 22 is amended
as follows:
“Article 22. Power of
inspectors
1. Inspectors and persons
authorized to perform specialized inspection tasks in the performance of their
duty have the power to issue warnings.
2. Chief Inspectors of
Provincial Departments and chiefs of provincial inspectorates have power to:
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b) impose a fine of up to
VND 25,000,000;
c) suspend the license or
suspend the operation;
d) confiscate exhibits of
administrative violations, the value of which value does not exceed VND
50,000,000;
dd) enforce the remedial
measures mentioned in Article 4 of this Decree.
3. Chiefs of ministerial
inspectorates have the power to:
a) issue warnings;
b) impose a fine of up to
VND 35,000,000;
c) suspend the license or
suspend the operation;
d) confiscate exhibits of
administrative violations, the value of which value does not exceed VND
70,000,000;
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4. Ministerial Chief
Inspector, Director General of Directorate for Roads of Vietnam, Director
General of Vietnam Inland Waterway Administration, Director General of Drug
Administration of Vietnam, Director General of Vietnam Administration of
Medical Services and Director General of General Department of Preventive
Medicine have the power to:
a) issue warnings;
b) impose a fine of up to
VND 50,000,000;
c) suspend the license or
suspend the operation;
d) confiscate exhibits of
administrative violations;
dd) enforce the remedial
measures mentioned in Article 4 of this Decree.”
3. Article 23 is amended
as follows:
“Article 23. Power of
Chairmen/Chairwomen of People’s Committees
1. Chairmen/Chairwomen of
communal People’s Committees have the power to:
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b) impose a fine of up to
VND 5,000,000;
c) confiscate exhibits of
administrative violations, the value of which does not exceed VND 10,000,000.
2. Chairmen/Chairwomen of
district-level People’s Committees have the power to:
a) issue warnings;
b) impose a fine of up to
VND 25,000,000;
c) suspend the license or
suspend the operation;
d) confiscate exhibits of
administrative violations;
dd) enforce the remedial measures
mentioned in Article 4 of this Decree.
3. Chairmen/Chairwomen of
provincial People’s Committees have the power to:
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b) impose a fine of up to
VND 50,000,000;
c) suspend the license or
suspend the operation;
d) confiscate exhibits of
administrative violations;
dd) enforce the remedial
measures mentioned in Article 4 of this Decree.”
4. Article 24 is amended
as follows:
“Article 24. Power of
the People's Public Security
1. Soldiers of the
People’s Public Security in the performance of their duty have the power to
issue warnings.
2. Heads of company-level
Mobile Police units, Station Heads and Team Leaders supervising the persons
defined in Clause 1 of this Article have the power to issue warnings.
3. Commune-level Police
Chiefs, Heads of Police Posts, Heads of Police Stations at border gates, export
processing zones, Heads of International Airport Police, Majors of Mobile
Police Battalions, and Captains of Squadrons have the power to:
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b) impose a fine of up to
VND 2,500,000;
c) confiscate exhibits of
administrative violations, the value of which does not exceed VND 5,000,000.
4. District-level Police
Chiefs; the Head of the Professional Division of the Internal Political
Security Department; the Head of the Professional Division of the Police
Department for Administrative Management of Social Order; the Head of the
Professional Division of the Traffic Police Department; the Head of the
Professional Division of the Department of Fire Prevention, Fighting and
Rescue; the Head of the Professional Division of the Department of
Cybersecurity, Hi-tech Crime Prevention and Control; the Head of the
Professional Division of the Immigration Department; the Chiefs of provincial
Police Departments, including: Chiefs of Internal Political Security Divisions,
Chiefs of Police Divisions for Administrative Management of Social Order,
Chiefs of Investigation Police Divisions for Social Order Crimes, Chiefs of
Traffic Police Divisions, Chiefs of Road and Railway Traffic Police, Chiefs of
Road Traffic Police Divisions, Chiefs of Waterway Police Divisions, Chiefs of
Mobile Police Divisions, Chiefs of Police Divisions for Prevention and Control
of Environmental Crimes, Chiefs of Firefighting, Prevention and Rescue Police
Divisions, Chiefs of Cybersecurity, Hi-tech Crime Prevention and Control
Divisions, Chiefs of Investigation Police Divisions for Corruption, Economic
and Smuggling Crimes, Chiefs of Immigration Divisions; Chiefs of Economic
Security Divisions; Chiefs of External Security Divisions; Colonels of Mobile
Police Regiments; Captains of Squadrons have the power to:
a) issue warnings;
b) impose a fine of up to
VND 10,000,000;
c) suspend the license or
suspend the operation;
d) confiscate exhibits of
administrative violations, the value of which does not exceed VND 20,000,000;
dd) enforce the remedial
measures mentioned in Clauses 2, 3 and 4 Article 4 of this Decree.
5. Directors of
provincial Police Departments have the power to:
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b) impose a fine of up to
VND 25,000,000;
c) suspend the license or
suspend the operation;
d) confiscate exhibits of
administrative violations;
dd) enforce the remedial
measures mentioned in Article 4 of this Decree.
6. Director General of
the Internal Political Security Department; Director General of the Economic
Security Department; Director General of the Police Department for
Administrative Management of Social Order; Director General of the
Investigation Police Department for Social Order Crimes; Director General of
the Investigation Police Department for Corruption, Economic and Smuggling
Crimes; Director General of the Investigation Police Department for Drug
Crimes; Director General of the Traffic Police Department; Director General of
the Firefighting, Prevention and Rescue Police Department; Director General of
the Police Department for Prevention and Control of Environmental Crimes;
Director General of the Cybersecurity, Hi-tech Crimes Prevention and Control
Department; Director General of the Internal Security Department; Director
General of Immigration Department, and Commander of the Mobile Police have the
power to:
a) issue warnings;
b) impose a fine of up to
VND 50,000,000;
c) suspend the license or
suspend the operation;
d) confiscate exhibits of
administrative violations;
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5. Article 25 is amended
as follows:
“Article 25. Power of
the Border Guard
Chief Commander of
provincial-level Border Guards; Captains of Naval Border Guard Squadrons, and
Director General of the Department of Drug and Crime Prevention and Control
affiliated to the Border Guard High Command have the power to:
1. issue warnings;
2. impose a fine of up to
VND 50.000.000;
3. suspend the license or
suspend the operation;
4. confiscate exhibits of
administrative violations.
5. enforce the remedial
measures mentioned in Article 4 of this Decree.”.
6. Article 26 is amended
as follows:
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Commander of Vietnam
Coast Guard has the power to:
1. issue warnings;
2. impose a fine of up to
VND 50.000.000;
3. suspend the license or
suspend the operation;
4. confiscate exhibits of
administrative violations;
5. enforce the remedial measures
mentioned in Clauses 2, 3 and 4 Article 4 of this Decree”.
7. Article 28 is amended
as follows:
“Article 28. Power to
make administrative violation records
The persons specified in
Articles 22 through 26 of this Decree; officials and public employees in
culture, sports and tourism; people working for the People's Army and People's
Public Security Forces; Border Guard officers; heads of border guard stations
and leaders of the Border Guard soldiers; leaders of Task Force Teams for Drug
and Crime Prevention and Control which are put under the control of Task Force
Commissions for Drug and Crime Prevention and Control; Commanding Officers of
Border Guard Posts, Captains of Naval Border Guard Flotillas, Commanders of the
Border Guard Commands at port border gates; leaders of Task Force Commissions
for Drug and Crime Prevention and Control as an affiliate of the Department of
Drug and Crime Prevention and Control under the control of the Border Guard
High Command; Coastguard officers; Captains of coastguard teams, Coastguard
squad leaders; captains of coastguard stations, Commanders of coastguard
platoons, Commanders in chief of coastguard squadrons; Commanders in chief of
coastguard squadrons; Heads of Reconnaissance Commissions; Heads of Task Force
Commissions for Drug Crime Prevention and Control under the control of the
Command of Coast Guard of Vietnam, Commanders of regional coastguard command
centers, Director General of the Department of Operations and Legislation under
the control of the Command of Coast Guard of Vietnam, upon detection of any
administrative violation against regulations on sports, have the power to make
an administrative violation record as prescribed by law”.
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1. Article 3a is added
after Article 3 as follows:
“Article 3a.
Prescriptive time limits for imposing penalties for administrative violations
1. The prescriptive time
limit for imposition of a penalty for an administrative violation against
regulations on copyright and related rights shall be 02 years.
2. The dates which are
used to determine the prescriptive time limits for imposing penalties for
administrative violations against regulations on copyright and related rights
are as follows:
a) For an in-progress
administrative violation specified in Point a Clause 3 of this Article, the
prescriptive time limit begins from the date on which that the competent law
enforcement officer detects such violation;
b) For a completed
administrative violation specified in Point b Clause 3 of this Article, the
prescriptive time limit begins from the date on which that violation
terminates;
c) For a case where a
penalty is imposed for an administrative violation committed by an organization
or individual which is transferred by the competent person making the
administrative violation record, the prescriptive time limit for imposition of
a penalty therefor shall comply with Clause 1 of this Article and begin from the
date in Point a or b of this Clause to the date on which the penalty imposition
decision is issued.
3. In-progress
administrative violations and completed administrative violations against
regulations on copyright and related rights
a) In-progress administrative
violation against regulations on copyright and related rights is a persistent
violation which has been occurring at the time when it is discovered and
penalized by the competent authority or competent person and has been directly
infringing upon state management order;
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4. Within the time limits
specified in Clause 1 of this Article, if a violating person deliberately
evades or militates against penalty imposition by a competent authority, the
time limits shall be reset, starting from the time of abandonment of acts of
evading or militating against penalty imposition.”
2. Article 36 is amended
as follows:
“Article 36.
Power to make administrative violation records
The persons specified in
Articles 37, 38, 39, 40a, 40b, 40c and 40d of this Decree; officials and public
employees in culture, sports and tourism; people working for the People's Army
and People's Public Security Forces; Border Guard officers; heads of border
guard stations and leaders of the Border Guard soldiers; Coastguard officers;
customs officers; Team Leaders, Group Leaders of Customs Sub-departments;
Leaders of Groups in Control Teams affiliated to provincial, inter-provincial
or central-affiliated city Customs Departments; Leaders of Teams in
Post-clearance Inspection Sub-departments; market surveillance officials, upon
detection of any administrative violation against regulations on copyright and
related rights, have the power to make an administrative violation record as
prescribed by law.”
3. Article 37 is amended
as follows:
“Article 37. Power of
Chairmen/Chairwomen of People’s Committees
1. Chairmen/Chairwomen of
communal People’s Committees have the power to:
a) impose a fine of up to
VND 5,000,000;
b) confiscate exhibits of
administrative violations, the value of which does not exceed VND 10,000,000;
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2. Chairmen/Chairwomen of
district-level People’s Committees have the power to:
a) impose a fine of up to
VND 100,000,000;
b) suspend the practicing
license;
c) confiscate exhibits of
administrative violations;
d) enforce the remedial measures
mentioned in Point dd and Point e Clause 1 Article 28 of the Law on Penalties
for Administrative Violations and Clauses 1 to 4 Article 3 of this Decree.
3. Chairmen/Chairwomen of
provincial People’s Committees have the power to:
a) impose a fine of up to
VND 250,000,000;
b) suspend the practicing
license;
c) confiscate exhibits of
administrative violations;
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4. Article 38 is amended
as follows:
“Article 38. Power of
inspectors
1. Inspectors and persons
authorized to perform specialized inspection tasks in the performance of their
duty have power to:
a) impose a fine of up to
VND 500,000;
b) confiscate exhibits of
administrative violations, the value of which does not exceed VND 1,000,000;
c) enforce the remedial
measures mentioned in Point dd Clause 1 Article 28 of the Law on Penalties for
Administrative Violations.
2. Chief Inspectors of
Provincial Department, chiefs of provincial inspectorates, Chief Inspector of
Civil Aviation Authority of Vietnam and Chief Inspector of Vietnam Maritime
Administration have the power to:
a) impose a fine of up to
VND 50,000,000;
b) suspend the practicing
license;
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d) enforce the remedial
measures mentioned in Article 3 of this Decree.
3. Chiefs of ministerial
inspectorates have the power to:
a) issue warnings;
b) impose a fine of up to
VND 175,000,000;
c) suspend the practicing
license.
d) confiscate exhibits of
administrative violations, the value of which does not exceed VND 350,000,000;
dd) enforce the remedial
measures mentioned in Article 3 of this Decree.
4. Ministerial Chief
Inspector, Director General of Vietnam Maritime Administration, Director
General of Civil Aviation Authority of Vietnam, Director General of Authority
of Radio Frequency Management, Director General of Vietnam Telecommunications
Authority, Director General of Authority of Broadcasting and Electronic
Information, Director General of Agency of Press and Director General of
Authority of Publication, Printing and Distribution have the power to:
a) impose a fine of up to
VND 250,000,000;
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c) confiscate exhibits of
administrative violations;
d) enforce the remedial
measures mentioned in Article 3 of this Decree.”
5. Article 39 is amended
as follows:
“Article 39. Power of
the People's Public Security
1. Soldiers of the People’s
Public Security in the performance of their duty have the power to impose a
fine of up to VND 500,000.
2. Heads of company-level
Mobile Police units, Station Heads and Team Leaders supervising the persons
defined in Clause 1 of this Article have the power to impose a fine of up to
VND 1,500,000.
3. Commune-level Police
Chiefs, Heads of Police Posts, Heads of Police Stations at border gates, export
processing zones, Heads of International Airport Police, Majors of Mobile
Police Battalions, and Captains of Squadrons have the power to:
a) impose a fine of up to
VND 2,500,000;
b) confiscate exhibits of
administrative violations, the value of which does not exceed VND 5,000,000;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. District-level Police
Chiefs; the Head of the Professional Division of the Internal Political
Security Department; the Head of the Professional Division of the Police
Department for Administrative Management of Social Order; the Head of the
Professional Division of the Traffic Police Department; the Head of the
Professional Division of the Department of Cybersecurity, Hi-tech Crime
Prevention and Control; the Head of the Professional Division of the Immigration
Department; the Chiefs of provincial Police Departments, including: Chiefs of
Internal Political Security Divisions, Chiefs of Police Divisions for
Administrative Management of Social Order, Chiefs of Investigation Police
Divisions for Social Order Crimes, Chiefs of Divisions Chiefs of Investigation
Police Divisions for Corruption, Economic and Smuggling Crimes, Chiefs of
Traffic Police Divisions, Chiefs of Road and Railway Traffic Police, Chiefs of
Road Traffic Police Divisions, Chiefs of Waterway Police Divisions, Chiefs of
Mobile Police Divisions, Chiefs of Cybersecurity, Hi-tech Crime Prevention and
Control Divisions, Chiefs of Immigration Divisions; Chief of Economic Security
Divisions; Chiefs of External Security Divisions; Colonels of Mobile Police
Regiments; Captains of Squadrons have the power to:
a) impose a fine of up to
VND 25,000,000;
b) suspend the practicing
license;
c) confiscate exhibits of
administrative violations, the value of which does not exceed VND 50,000,000;
d) enforce the remedial
measures mentioned in Point dd Clause 1 Article 28 of the Law on Penalties for
Administrative Violations and Clauses 1 to 4 Article 3 of this Decree.
5. Directors of
provincial Police Departments have the power to:
a) impose a fine of up to
VND 100,000,000;
b) suspend the practicing
license;
c) confiscate exhibits of
administrative violations;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. Director General of
the Internal Political Security Department; Director General of the Economic
Security Department; Director General of the Police Department for
Administrative Management of Social Order; Director General of the Investigation
Police Department for Social Order Crimes; Director General of the
Investigation Police Department for Corruption, Economic and Smuggling Crimes;
Director General of the Traffic Police Department; Director General of the
Cybersecurity, Hi-tech Crimes Prevention and Control Department; Director
General of the Internal Security Department; Director General of Immigration
Department and Commander of the Mobile Police have the power to:
a) impose a fine of up to
VND 250,000,000;
b) suspend the practicing
license;
c) confiscate exhibits of
administrative violations;
d) enforce the remedial
measures mentioned in Point dd Clause 1 Article 28 of the Law on Penalties for
Administrative Violations and Clauses 1 to 4 Article 3 of this Decree.”
6. Article 40a is amended
as follows:
“Article 40a.
Power of the Border Guard
1. The leaders of Task
Force Teams for drug and crime prevention and control which are put under the
control of Task Force Commissions have the power to:
a) impose a fine of up to
VND 10,000,000;
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c) enforce the remedial
measures mentioned in Point dd Clause 1 Article 28 of the Law on Penalties for
Administrative Violations.
2. Commanding Officers of
Border Guard Posts, Captains of Naval Border Guard Flotillas and Commanders of
the Border Guard Commands at port border gates have the power to:
a) impose a fine of up to
VND 25,000,000;
b) confiscate exhibits of
administrative violations, the value of which does not exceed VND 50,000,000;
c) enforce the remedial
measures mentioned in Points d and dd Clause 1 Article 28 of the Law on
Penalties for Administrative Violations and Clauses 1 to 4 Article 3 of this
Decree.
3. Leaders of Task Force
Commissions for Drug and Crime Prevention and Control as an affiliate of the
Department of Drug and Crime Prevention and Control under the control of the
Border Guard High Command have the power to:
a) impose a fine of up to
VND 100,000,000;
b) confiscate exhibits of
administrative violations, the value of which does not exceed VND 200,000,000;
c) enforce the remedial
measures mentioned in Points d and dd Clause 1 Article 28 of the Law on Penalties
for Administrative Violations and Clauses 1 to 4 Article 3 of this Decree.
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a) impose a fine of up to
VND 250,000,000;
b) confiscate exhibits of
administrative violations;
c) enforce the remedial
measures mentioned in Points d and dd Clause 1 Article 28 of the Law on
Penalties for Administrative Violations and Clauses 1 to 4 Article 3 of this
Decree.”
7. Article 40b is amended
as follows:
“Article 40b.
Power of the Coast Guard
1. Captains of coastguard
teams have power to impose a fine of up to VND 5,000,000.
2. Coastguard squad
leaders and captains of coastguard stations have the power to:
a) impose a fine of up to
VND 10,000,000;
b) enforce the remedial
measures mentioned in Point dd Clause 1 Article 28 of the Law on Penalties for
Administrative Violations.
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a) impose a fine of up to
VND 25,000,000;
b) confiscate exhibits of
administrative violations, the value of which does not exceed VND 50,000,000;
c) enforce the remedial
measures mentioned in Points d and dd Clause 1 Article 28 of the Law on
Penalties for Administrative Violations and Clauses 2 to 4 Article 3 of this
Decree.
4. Commanders in chief of
coastguard squadrons; Heads of Reconnaissance Commissions; Heads of Task Force
Commissions for Drug Crime Prevention and Control under the control of the
Command of Coast Guard of Vietnam have the power to:
a) impose a fine of up to
VND 50,000,000;
b) confiscate exhibits of
administrative violations, the value of which does not exceed VND 100,000,000;
c) enforce the remedial
measures mentioned in Points d and dd Clause 1 Article 28 of the Law on
Penalties for Administrative Violations and Clauses 2 to 4 Article 3 of this
Decree.
5. Commanders of regional
coastguard command centers and Director of the Department of Operations and
Legislation under the control of the Command of Coast Guard of Vietnam have the
power to:
a) impose a fine of up to
VND 100,000,000;
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c) enforce the remedial measures
mentioned in Points d and dd Clause 1 Article 28 of the Law on Penalties for
Administrative Violations and Clauses 2 to 4 Article 3 of this Decree.
6. Commander of Vietnam
Coast Guard has the power to:
a) impose a fine of up to
VND 250,000,000;
b) confiscate exhibits of
administrative violations;
c) enforce the remedial
measures mentioned in Points d and dd Clause 1 Article 28 of the Law on
Penalties for Administrative Violations and Clauses 2 to 4 Article 3 of this
Decree”.
8. Article 40c is amended
as follows:
“Article 40c.
Power of customs authorities
1. Directors of Customs
Subdepartments, Directors of Post-clearance Inspection Subdepartments, Leaders
of Control Teams of provincial, inter-provincial or central-affiliated city
Customs Departments, Leaders of Criminal Investigation Teams, Leaders of
Smuggling Control Teams, Captains of Maritime Control Flotillas, Leaders of
Anti-smuggling, Counterfeit Product Control and Intellectual Property Teams
affiliated to the Smuggling Investigation and Prevention Department; Directors
of Post-clearance Inspection Sub-departments as an affiliate of the
Post-clearance Inspection Department have the power to:
a) impose a fine of up to
VND 25,000,000;
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c) enforce the remedial
measures mentioned in Points d, dd and g Clause 1 Article 28 of the Law on
Penalties for Administrative Violations and Clauses 1 to 4 Article 3 of this
Decree.
2. Director of the
Smuggling Investigation and Prevention Department, Director of the
Post-clearance Inspection Department, a subsidiary of the General Department of
Customs, and Directors of the provincial, inter-provincial or
central-affiliated city Customs Departments have the power to:
a) impose a fine of up to
VND 50,000,000;
b) confiscate exhibits of
administrative violations;
c) enforce the remedial
measures mentioned in Points d, dd and g Clause 1 Article 28 of the Law on
Penalties for Administrative Violations and Clauses 1 to 4 Article 3 of this
Decree.
3. The Director General
of the General Department of Customs has the power to:
a) impose a fine of up to
VND 250,000,000;
b) confiscate exhibits of
administrative violations;
c) enforce the remedial
measures mentioned in Points d, dd and g Clause 1 Article 28 of the Law on
Penalties for Administrative Violations and Clauses 1 to 4 Article 3 of this
Decree.”
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“Article 40d.
Power of market surveillance authorities
1. Market surveillance
team leaders and Head of Professional Division under the control of the Market
Surveillance Operations Department have the power to:
a) impose a fine of up to
VND 25,000,000;
b) confiscate exhibits of
administrative violations, the value of which does not exceed VND 50,000,000;
c) enforce the remedial
measures mentioned in Points dd, e and g Clause 1 Article 28 of the Law on
Penalties for Administrative Violations and Clauses 1 to 4 Article 3 of this
Decree.
2. Directors of
provincial Market Surveillance Departments and Director General of the Vietnam
Directorate of Market Surveillance affiliated to the Vietnam Directorate of
Market Surveillance have the power to:
a) impose a fine of up to
VND 50,000,000;
b) confiscate exhibits of
administrative violations;
c) enforce the remedial
measures mentioned in Article 3 of this Decree.
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a) impose a fine of up to
VND 250,000,000;
b) confiscate exhibits of
administrative violations;
c) enforce the remedial
measures mentioned in Article 3 of this Decree.”
Article
4. Amendments to some Articles of Government’s Decree No. 38/2021/ND-CP dated
March 29, 2021 on penalties for administrative violations against regulations
on cultural and advertising activities
1. Article 3a is added
after Article 3 as follows:
“Article 3a.
Prescriptive time limits for imposing penalties for administrative violations
1. The prescriptive time
limit for imposition of a penalty for an administrative violation against
regulations on cultural and advertising activities shall be 01 year.
2. The dates which are
used to determine the prescriptive time limits for imposing penalties for
administrative violations against regulations on cultural and advertising
activities are as follows:
a) For an in-progress
administrative violation specified in Point a Clause 3 of this Article, the
prescriptive time limit begins from the date on which that the competent law
enforcement officer detects such violation;
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c) For a case where a
penalty is imposed for an administrative violation committed by an organization
or individual which is transferred by the competent person making the
administrative violation record, the prescriptive time limit for imposition of
a penalty therefor shall comply with Clause 1 of this Article and begin from
the date in Point a or b of this Clause to the date on which the penalty
imposition decision is issued.
3. In-progress
administrative violations and completed administrative violations against
regulations on cultural and advertising activities
a) In-progress
administrative violation against regulations on cultural and advertising
activities is a persistent violation which has been occurring at the time when
it is discovered and penalized by the competent authority or competent person
and has been directly infringing upon state management order;
b) Completed
administrative violation against regulations on cultural and advertising
activities is a violation which is committed one or more occasions and there
are grounds and information proving that such violation had been completed
before the competent authority or competent person discovered such violation.
4. Within the time limits
specified in Clause 1 of this Article, if a violating person deliberately
evades or militates against penalty imposition by a competent authority, the
time limits shall be reset, starting from the time of abandonment of acts of
evading or militating against penalty imposition.”
2. Clause 18 is added to
Article 4 as follows:
“18. Compulsory return of
permits for affiliation or partnership in film production or provision of film
production services; written approval for art performance, written approval for
competitions and festivals for performing arts; certificates of eligibility for
provision of karaoke or discotheque services; permits to copy art works about
cultural celebrities, national heroes or leaders; exhibition licenses; art
exhibition permits; permits to build monuments and murals; permits for
organizing sculpture camps; photography exhibition permits; certificates of
eligibility for antique appraisal business; certificates of practicing of
preservation, rehabilitation and restoration of monuments; certificates of
eligibility for practicing of preservation, rehabilitation and restoration of
monuments; establishment and operation certificates, establishment and
operation licenses of foreign cultural institutions in Vietnam to the issuing
authority.”
3. Point g is added to
Clause 8 of Article 6 as follows:
“g) Compelling the return
of the permit that is erased or altered to a degree that changes its
information to the issuing authority with respect to the violation specified in
Point a Clause 2 of this Article.”
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“e) Compelling the return
of the written approval that is erased or altered to a degree that changes its
information to the issuing authority with respect to the violation specified in
Point b Clause 2 of this Article.”
5. Point c is added to
Clause 10 of Article 15 as follows:
“c) Compelling the return
of the permit that is erased or altered to a degree that changes its
information to the issuing authority with respect to the violation specified in
Point c Clause 5 of this Article.”
6. Point i is added to
Clause 7 of Article 17 as follows:
“i) Compelling the return
of the permit that is erased or altered to a degree that changes its
information to the issuing authority with respect to the violation specified in
Point b Clause 2 of this Article.”
7. Point h is added to
Clause 8 of Article 18 as follows:
“h) Compelling the return
of the permit that is erased or altered to a degree that changes its
information to the issuing authority with respect to the violation specified in
Clause 2 of this Article.”
8. Point dd is added to Clause
8 of Article 19 as follows:
“dd) Compelling the
return of the permit that is erased or altered to a degree that changes its
information to the issuing authority with respect to the violation specified in
Clause 2 of this Article.”
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“c) Compelling the return
of the certificate that is erased or altered to a degree that changes its
information to the issuing authority with respect to the violation specified in
Clause 2 of this Article.”
10. Point c is added to
Clause 6 of Article 22 as follows:
“c) Compelling the return
of the practicing certificate that is erased or altered to a degree that
changes its information to the issuing authority with respect to the violation
specified in Clause 3 of this Article.”
11. Point c is added to
Clause 7 of Article 23 as follows:
“c) Compelling the return
of the certificate that is erased or altered to a degree that changes its
information to the issuing authority with respect to the violation specified in
Clause 2 of this Article.”
12. Clause 7 of Article
30 is amended as follows:
a) Compelling the
revocation of the issued or re-issued establishment and operation certificate
or establishment and operation license with respect to the violation specified
in Point c Clause 2 of this Article;
b) Compelling the return
of the certificate or license that is erased or altered to a degree that
changes its information to the issuing authority with respect to the violation
specified in Point b Clause 3 of this Article.”
13. Several Clauses of
Article 38 are amended as follows:
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“1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Failure to notify or
correctly notify contact information to the Ministry of Information and
Communications about the contents prescribed by regulations of foreign
organizations or individuals providing cross-border advertising services in
Vietnam;
b) Failure to comply with
regulations on reporting of provision of cross-border advertising services in
Vietnam to the Ministry of Information and Communications.”
b) Clause 2a is added
after Article 2 as follows:
“2a. A fine ranging
from VND 15,000,000 to VND 20,000,000 shall be imposed for showing advertisements
as part of the violations against law specified in Clause 1 Article 8 of the
Cybersecurity Law and Article 28 of the Law on Intellectual Property.”
14. Several Clauses of
Article 51 are amended as follows:
a) Clause 2 is amended as
follows:
“2. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for failure to clearly read
out one of the following information: cosmetic name; cosmetic claims and other
warnings according to regulations when advertising cosmetics on audio or video
newspapers.”
b) Point a of Clause 3 is
amended as follows:
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15. Several Clauses of
Article 52 are amended as follows:
a) Clause 1 is amended as
follows:
“1. A fine ranging from
VND 5,000,000 to VND 10,000,000 for failure to have or correctly write or
clearly read out or display the warning saying “Thực phẩm này không phải là thuốc
và không có tác dụng thay thế thuốc chữa bệnh” (“This food is not a medicine
and does not substitute for a medicine”) when advertising dietary supplements.
b) Point b of Clause 2 is
amended as follows:
“b) Advertising a food or
food additive without one of the following information: name of the food or
food additive; warnings about risks and warnings to illicit users according to
one of the prescribed documents about functional foods; name and address of the
organization and individual responsible for bringing the product to market;”
16. Clause 2 of Article
63 is amended as follows:
“2. Officials and public
employees, people working for the People's Army and People's Public Security
Forces; Border Guard officers; heads of border guard stations and leaders of
the Border Guard soldiers; leaders of Task Force Teams for Drug and Crime Prevention
and Control which are put under the control of Task Force Commissions for Drug
and Crime Prevention and Control; customs officers; Team Leaders, Group Leaders
of Customs Sub-departments; Leaders of Groups in Control Teams affiliated to
provincial, inter-provincial or central-affiliated city Customs Departments;
Leaders of Teams in Post-clearance Inspection Sub-departments, upon detection
of any administrative violation against regulations on copyright and related
rights, have the power to make an administrative violation record as prescribed
by law.”
17. Article 64 is amended
as follows:
“Article 64. Power of
Chairmen/Chairwomen of People’s Committees
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a) issue warnings;
b) impose a fine of up to
VND 5,000,000;
c) confiscate exhibits of
administrative violations, the value of which does not exceed VND 10,000,000;
d) enforce the remedial
measures mentioned in Points a, b and dd Clause 1 Article 28 of the Law on
Penalties for Administrative Violations.
2. Chairmen/Chairwomen of
district-level People’s Committees have the power to:
a) issue warnings;
b) impose a fine of up to
VND 25,000,000 if an administrative violation against regulations on cultural
activities is committed; impose a fine of up to VND 50,000,000 if an
administrative violation against regulations on advertising activities is
committed;
c) Suspend the license or
practicing license or suspend the operation;
d) confiscate exhibits or
instrumentalities used for committing administrative violations;
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3. Chairmen/Chairwomen of
provincial People’s Committees have the power to:
a) issue warnings;
b) impose a fine of up to
VND 50,000,000 if an administrative violation against regulations on cultural
activities is committed; impose a fine of up to VND 100,000,000 if an
administrative violation against regulations on advertising activities is
committed;
c) Suspend the license or
practicing license or suspend the operation;
d) confiscate exhibits or
instrumentalities used for committing administrative violations;
dd) enforce the remedial
measures mentioned in Article 4 of this Decree.”
18. Article 65 is amended
as follows:
“Article 65. Power of
inspectors
1. Inspectors and persons
authorized to perform specialized inspection tasks in the performance of their
duty have power to:
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b) impose a fine of up to
VND 500,000;
c) confiscate exhibits or
instrumentalities used for committing administrative violations, the value of
which does not exceed VND 1,000,000;
d) enforce the remedial
measures mentioned in Points a and dd Clause 1 Article 28 of the Law on
Penalties for Administrative Violations.
2. Chief Inspectors of
Provincial Departments, chiefs of provincial inspectorates; Chief Inspector of
Vietnam Maritime Administration, Chief Inspector of Civil Aviation Authority of
Vietnam, Directors of Sub-Departments of Food Safety and Hygiene under the
control of Departments of Health, Directors of Regional Animal Health Offices,
Directors of Regional Animal Quarantine Sub-Departments under Department of
Animal Health, Directors of Regional Plant Quarantine Sub-Departments under the
control of Plant Protection Department, Director of National Agro-Forestry-Fisheries
Quality Assurance Department - Central Region Authority, Director of National
Agro-Forestry-Fisheries Quality Assurance Department - Southern Region
Authority under the control of National Agro-Forestry-Fisheries Quality
Assurance Department, Directors of Sub-Departments for crop production, plant
protection, livestock, animal health, fishery, quality control of agricultural,
forestry and fishery products, irrigation, flood control systems, natural
disaster management, forestry, rural development under the control of the
Department of Agriculture and Rural Development and Directors of Regional
Centers for Radio Frequency have the power to:
a) issue warnings;
b) impose a fine of up to
VND 25,000,000 if an administrative violation against regulations on cultural
activities is committed; impose a fine of up to VND 50,000,000 if an
administrative violation against regulations on advertising activities is
committed;
c) Suspend the license or
practicing license or suspend the operation;
d) confiscate exhibits or
instrumentalities used for committing administrative violations, the value of
which does not exceed VND 50,000,000 in the case of cultural activities; VND
100,000,000 in the case of advertising activities;
dd) enforce the remedial
measures mentioned in Article 4 of this Decree.
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a) issue warnings;
b) impose a fine of up to
VND 35,000,000 if an administrative violation against regulations on cultural
activities is committed; impose a fine of up to VND 70,000,000 if an
administrative violation against regulations on advertising activities is
committed;
c) Suspend the license or
practicing license or suspend the operation;
d) confiscate exhibits or
instrumentalities used for committing administrative violations, the value of
which does not exceed VND 70,000,000 in the case of cultural activities; VND
140,000,000 in the case of advertising activities;
dd) enforce the remedial
measures mentioned in Article 4 of this Decree.
4. Ministerial Chief
Inspector, Director General of Directorate for Roads of Vietnam, Director
General of General Department of Water Resources, Director General of General
Department of Forestry, Director General of Directorate of Fisheries, Director
General of General Department of Land Administration; Director General of
Vietnam Railway Authority, Director General of Vietnam Inland Waterway
Administration, Director General of Vietnam Maritime Administration; Director
General of Civil Aviation Authority of Vietnam, Director General of Department
of Animal Health, Director General of Plant Protection Department, Director
General of Department of Crop Production, Director General of Department of
Livestock Production, Director General of National Agro-Forestry-Fisheries
Quality Assurance Department, Director General of Authority of Radio Frequency
Management, Director General of Vietnam Telecommunications Authority, Director
General of Authority of Broadcasting and Electronic Information, Director
General of Agency of Press and Director General of Authority of Publication,
Printing and Distribution, Director General of Drug Administration of Vietnam,
Director General of Vietnam Administration of Medical Services, Director
General of Health Environment Management Agency, Director General of General
Department of Preventive Medicine and Director General of Vietnam Food
Administration have the power to:
a) issue warnings;
b) impose a fine of up to
VND 50,000,000 if an administrative violation against regulations on cultural
activities is committed; impose a fine of up to VND 100,000,000 if an
administrative violation against regulations on advertising activities is
committed;
c) Suspend the license or
practicing license or suspend the operation;
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dd) enforce the remedial
measures mentioned in Article 4 of this Decree.”
19. Article 66 is amended
as follows:
“Article 66. Power of
the People's Public Security
1. Soldiers of the
People’s Public Security in the performance of their duty have the power to:
a) issue warnings;
b) impose a fine of up to
VND 500,000.
2. Heads of company-level
Mobile Police units, Station Heads and Team Leaders supervising the persons
defined in Clause 1 of this Article have the power to:
a) issue warnings;
b) impose a fine of up to
VND 1,500,000.
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a) issue warnings;
b) impose a fine of up to
VND 2,500,000;
c) confiscate exhibits or
instrumentalities used for committing administrative violations, the value of
which does not exceed VND 5,000,000;
d) enforce the remedial
measures mentioned in Points a and dd Clause 1 Article 28 of the Law on
Penalties for Administrative Violations.
4. District-level Police Chiefs;
the Chiefs of provincial Police Departments, including: Chiefs of Traffic
Police Divisions, Chiefs of Road and Railway Traffic Police, Chiefs of Road
Traffic Police Divisions, Chiefs of Waterway Police Divisions, Chiefs of
Internal Political Security Divisions, Chief of Economic Security Divisions,
Chiefs of Investigation Police Divisions for Social Order Crimes, Chiefs of
Divisions Chiefs of Investigation Police Divisions for Corruption, Economic and
Smuggling Crimes, Chiefs of Police Divisions for Administrative Management of
Social Order, Chiefs of Cybersecurity, Hi-tech Crime Prevention and Control
Divisions, Chiefs of Immigration Divisions, Chiefs of External Security
Divisions, Chiefs of Mobile Police Divisions, Colonels of Mobile Police Regiments
and Captains of Squadrons have the power to:
a) issue warnings;
b) impose a fine of up to
VND 10,000,000 if an administrative violation against regulations on cultural
activities is committed; impose a fine of up to VND 20,000,000 if an
administrative violation against regulations on advertising activities is
committed;
c) Suspend the license or
practicing license or suspend the operation;
d) confiscate exhibits or
instrumentalities used for committing administrative violations, the value of
which does not exceed VND 20,000,000 in the case of cultural activities; VND
40,000,000 in the case of advertising activities;
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5. Directors of
provincial Police Departments have the power to:
a) issue warnings;
b) impose a fine of up to
VND 25,000,000 if an administrative violation against regulations on cultural
activities is committed; impose a fine of up to VND 50,000,000 if an
administrative violation against regulations on advertising activities is
committed;
c) Suspend the license or
practicing license or suspend the operation;
d) confiscate exhibits or
instrumentalities used for committing administrative violations;
dd) enforce the remedial
measures mentioned in Points a, dd, i and k Clause 1 Article 28 of the Law on
Penalties for Administrative Violations.
6. Director General of
the Traffic Police Department; Director General of the Internal Political
Security Department; Director General of the Economic Security Department;
Director General of the Investigation Police Department for Social Order
Crimes; Director General of the Investigation Police Department for Corruption,
Economic and Smuggling Crimes; Director General of the Police Department for
Administrative Management of Social Order; Director General of the
Cybersecurity, Hi-tech Crimes Prevention and Control Department; Director
General of Immigration Department and Commander of the Mobile Police have the
power to:
a) issue warnings;
b) impose a fine of up to
VND 50,000,000 if an administrative violation against regulations on cultural
activities is committed; impose a fine of up to VND 100,000,000 if an
administrative violation against regulations on advertising activities is
committed;
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d) confiscate exhibits or
instrumentalities used for committing administrative violations;
dd) enforce the remedial
measures mentioned in Points a, dd, i and k Clause 1 Article 28 of the Law on
Penalties for Administrative Violations.”
20. Article 67 is amended
as follows:
“Article 67. Power of
the Border Guard
1. Commanding Officers of
Border Guard Posts, Captains of Naval Border Guard Flotillas and Commanders of
the Border Guard Commands at port border gates have the power to:
a) issue warnings;
b) impose a fine of up to
VND 10,000,000 if an administrative violation against regulations on cultural
activities is committed; impose a fine of up to VND 20,000,000 if an
administrative violation against regulations on advertising activities is
committed;
c) confiscate exhibits or
instrumentalities used for committing administrative violations, the value of
which does not exceed VND 20,000,000 in the case of cultural activities; VND
40,000,000 in the case of advertising activities;
d) enforce the remedial
measures mentioned in Points a, dd and k Clause 1 Article 28 of the Law on
Penalties for Administrative Violations.
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a) issue warnings;
b) impose a fine of up to
VND 25,000,000 if an administrative violation against regulations on cultural
activities is committed; impose a fine of up to VND 50,000,000 if an
administrative violation against regulations on advertising activities is
committed;
c) confiscate exhibits or
instrumentalities used for committing administrative violations, the value of
which does not exceed VND 50,000,000 in the case of cultural activities; VND
100,000,000 in the case of advertising activities;
d) enforce the remedial measures
mentioned in Points a, dd, i and k Clause 1 Article 28 of the Law on Penalties
for Administrative Violations.
3. Chief Commander of
provincial-level Border Guards; Captains of Naval Border Guard Squadrons and
Director General of the Department of Drug and Crime Prevention and Control
affiliated to the Border Guard High Command have the power to:
a) issue warnings;
b) impose a fine of up to
VND 50,000,000 if an administrative violation against regulations on cultural
activities is committed; impose a fine of up to VND 100,000,000 if an
administrative violation against regulations on advertising activities is
committed;
c) Suspend the license or
practicing license or suspend the operation;
d) confiscate exhibits or
instrumentalities used for committing administrative violations;
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21. Article 68 is amended
as follows:
“Article 68. Power of
the Coast Guard
1. Coastguard officers in
the performance of their duty have power to:
a) issue warnings;
b) impose a fine of up to
VND 1,000,000 if an administrative violation against regulations on cultural
activities is committed; impose a fine of up to VND 1,500,000 if an administrative
violation against regulations on advertising activities is committed;
2. Captains of coastguard
teams have power to:
a) issue warnings;
b) impose a fine of up to
VND 2,500,000 if an administrative violation against regulations on cultural
activities is committed; impose a fine of up to VND 5,000,000 if an
administrative violation against regulations on advertising activities is
committed.
3. Coastguard squad
leaders and captains of coastguard stations have the power to:
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b) impose a fine of up to
VND 5,000,000 if an administrative violation against regulations on cultural
activities is committed; impose a fine of up to VND 10,000,000 if an
administrative violation against regulations on advertising activities is
committed;
c) enforce the remedial
measures mentioned in Points a and dd Clause 1 Article 28 of the Law on
Penalties for Administrative Violations.
4. Commanders of
coastguard platoons have power to:
a) issue warnings;
b) impose a fine of up to
VND 10,000,000 if an administrative violation against regulations on cultural
activities is committed; impose a fine of up to VND 20,000,000 if an
administrative violation against regulations on advertising activities is
committed;
c) confiscate exhibits or
instrumentalities used for committing administrative violations, the value of
which does not exceed VND 20,000,000 in the case of cultural activities; VND
40,000,000 in the case of advertising activities;
d) enforce the remedial
measures mentioned in Points a, dd and k Clause 1 Article 28 of the Law on
Penalties for Administrative Violations.
5. Commanders in chief of
coastguard squadrons; Heads of Reconnaissance Commissions; Heads of Task Force
Commissions for Drug Crime Prevention and Control under the control of the
Command of Coast Guard of Vietnam have the power to:
a) issue warnings;
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c) confiscate exhibits or
instrumentalities used for committing administrative violations, the value of
which does not exceed VND 30,000,000 in the case of cultural activities; VND
60,000,000 in the case of advertising activities;
d) enforce the remedial
measures mentioned in Points a, dd and k Clause 1 Article 28 of the Law on
Penalties for Administrative Violations.
6. Commanders of regional
coastguard command centers and Director of the Department of Operations and
Legislation under the control of the Command of Coast Guard of Vietnam have the
power to:
a) issue warnings;
b) impose a fine of up to
VND 25,000,000 if an administrative violation against regulations on cultural
activities is committed; impose a fine of up to VND 50,000,000 if an
administrative violation against regulations on advertising activities is
committed;
c) Suspend the license or
practicing license or suspend the operation;
d) confiscate exhibits or
instrumentalities used for committing administrative violations;
dd) enforce the remedial
measures mentioned in Points a, dd and k Clause 1 Article 28 of the Law on
Penalties for Administrative Violations.
7. Commander of Vietnam
Coast Guard has the power to:
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b) impose a fine of up to
VND 50,000,000 if an administrative violation against regulations on cultural
activities is committed; impose a fine of up to VND 100,000,000 if an
administrative violation against regulations on advertising activities is
committed;
c) Suspend the license or
practicing license or suspend the operation;
d) confiscate exhibits or
instrumentalities used for committing administrative violations;
dd) enforce the remedial
measures mentioned in Points a, dd and k Clause 1 Article 28 of the Law on
Penalties for Administrative Violations.”
22. Article 69 is amended
as follows:
“Article 69. Power of
customs authorities
1. Directors of Customs
Subdepartments; Directors of Post-clearance Inspection Subdepartments, Leaders
of Control Teams of provincial, inter-provincial or central-affiliated city
Customs Departments; Leaders of Criminal Investigation Teams, Leaders of
Smuggling Control Teams, Captains of Maritime Control Flotillas and Leaders of
Anti-smuggling, Counterfeit Product Control and Intellectual Property Teams
affiliated to the Smuggling Investigation and Prevention Department; Directors
of Post-clearance Inspection Sub-departments as an affiliate of the
Post-clearance Inspection Department have the power to:
a) issue warnings;
b) impose a fine of up to
VND 25,000,000;
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d) enforce the remedial measures
mentioned in Points dd, i and k Clause 1 Article 28 of the Law on Penalties for
Administrative Violations.
2. Director of the
Smuggling Investigation and Prevention Department, Director of the
Post-clearance Inspection Department, a subsidiary of the General Department of
Customs, and Directors of the provincial, inter-provincial or
central-affiliated city Customs Departments have the power to:
a) issue warnings;
b) impose a fine of up to
VND 50,000,000;
c) Suspend the license or
practicing license or suspend the operation;
d) confiscate exhibits or
instrumentalities used for committing administrative violations;
dd) enforce the remedial
measures mentioned in Points dd, i and k Clause 1 Article 28 of the Law on
Penalties for Administrative Violations.
3. The Director General
of the General Department of Customs has the power to:
a) issue warnings;
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c) confiscate exhibits or
instrumentalities used for committing administrative violations;
d) enforce the remedial measures
mentioned in Points dd, i and k Clause 1 Article 28 of the Law on Penalties for
Administrative Violations.”
23. Article 70 is amended
as follows:
“Article 70. Power of
market surveillance authorities
1. Market surveillance
team leaders and Head of Professional Division under the control of the Market
Surveillance Operations Department have the power to:
a) issue warnings;
b) impose a fine of up to
VND 25,000,000;
c) confiscate exhibits or
instrumentalities used for committing administrative violations, the value of
which does not exceed VND 50,000,000;
d) enforce the remedial
measures mentioned in Points a, dd, e, i and k Clause 1 Article 28 of the Law
on Penalties for Administrative Violations.
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a) issue warnings;
b) impose a fine of up to
VND 50,000,000;
c) confiscate exhibits or
instrumentalities used for committing administrative violations;
d) Suspend the license or
practicing license or suspend the operation;
dd) enforce the remedial
measures mentioned in Points a, dd, e, i and k Clause 1 Article 28 of the Law
on Penalties for Administrative Violations.
3. The Director General
of the Vietnam Directorate of Market Surveillance has the power to:
a) issue warnings;
b) impose a fine of up to
VND 50,000,000 if an administrative violation against regulations on cultural
activities is committed; impose a fine of up to VND 100,000,000 if an
administrative violation against regulations on advertising activities is
committed;
c) confiscate exhibits or
instrumentalities used for committing administrative violations;
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dd) enforce the remedial
measures mentioned in Points a, dd, e, i and k Clause 1 Article 28 of the Law
on Penalties for Administrative Violations.”
24. Article 71 is amended
as follows:
“Article 71.
Delegation of power to impose penalties for administrative violations
1. Chairmen/Chairwomen of
People’s Committees at all levels shall impose penalties for the administrative
violations specified in Chapters II and III of this Decree.
2. People’s Public
Security shall impose penalties for the administrative violations specified in
Chapters II and III, except for the violations specified in Point a Clause 4
Article 6; Point c Clause 3, Point g Clause 4, Points b, c and d Clause 5
Article 17; Point b Clause 6 Article 18; Clause 2 Point b and Point c Clause 5,
Point b Clause 6 Article 20; Clause 5 Article 34; Point a Clause 1 and Clause 2
Article 50; Points a and c Clause 3, Clause 4 Article 51; Points a and b Clause
2, Clause 4 Article 52; Points a and c Clause 2 Article 54; Clauses 1 and 2
Article 55; Clause 1 Article 57; Clause 1 Article 58; Clauses 1 and 2 Article
59; Article 60; Clause 1 Article 61 of this Decree.
3. The Border Guard shall
impose penalties for the administrative violations specified in Points c and d
Clause 2 Article 11; Point b Clause 2 Article 12; Article 13; Point c Clause 5,
Point e Clause 6 Article 15; Article 16; Point b Clause 3, Point a Clause 5
Article 18; Point b Clause 3, Point a Clause 5 Article 19; Clause 1, Point a
Clause 4 and Point dd Clause 7 Article 20; Point a Clause 1 and Point a Clause
2 Article 24; Articles 25, 31 and 33; Points a, b and c Clause 2, Clauses 3, 4
and 6 Article 34; Points a and b Clause 1 Article 35; Articles 36 and 43 of
this Decree.
4. The Coast Guard shall
impose penalties for the administrative violations specified in Point b Clause
5 Article 9; Point b Clause 2 Article 11; Point c Clause 1 Article 14; Point a
Clause 1 Article 16; Point b Clause 3 and Point a Clause 5 Article 18; Point b
Clause 3 and Point a Clause 5 Article 19; Clause 1 and Point a Clause 7 Article
20; Article 24; Article 25; Article 33; Points a and c Clause 2, Clauses 3, 4
and 6 Article 34; Points a and b Clause 1 Article 35 and Article 36 of this
Decree.
5. The customs
authorities shall impose penalties for the administrative violations specified
in Point b Clause 3 and Point a Clause 5 Article 18; Point b Clause 3 and Point
a Clause 5 Article 19; Point dd Clause 7 Article 20 of this Decree.
6. The market
surveillance authorities shall impose penalties for the administrative
violations specified in Article 7; Clause 4 and Clause 5 Article 9; Article 13;
Clauses 5, 6, 7 and 8 Article 15; Clause 2 Article 16; Point c Clause 6 Article
18; Point dd Clause 7 Article 20; Clause 5 Article 21; Articles 31, 33 and 34;
Points a and b Clause 1 Article 35; Article 36; Article 48 and Section 4
Chapter III of this Decree.
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8. Information and
communications inspectors shall impose penalties for the administrative
violations specified in Point b Clause 2 and Clause 5 Article 8; Section 1,
Section 2 and Section 4 Chapter III of this Decree.
9. Healthcare inspectors
shall impose penalties for the administrative violations specified in Section 1
Chapter III; Articles 49, 50, 51, 52, 53, 54, 55 and 56 of this Decree.
10. Agriculture and rural
development inspectors shall impose penalties for the administrative violations
specified in Section 1 Chapter III; acts of carrying out billboard and banenr
advertising against regulations on dyke areas in Point c Clause 3 Article 42;
Articles 49, 57, 58, 59, 60, 61 and 62 of this Circular.
11. Construction
inspectors shall impose penalties for the administrative violations specified
in Points b and c Clause 5 Article 17 of this Decree.
12. Transport inspectors
shall impose penalties for the act of hanging, placing, pasting or drawing
advertisements on utility poles in Clause 1, the act of carrying out
advertising in a manner that affects traffic order and safety in Point b Clause
2, Article 34; the act of carrying out billboard and banner advertising without
complying with regulations on traffic safety corridors, the act of obscuring
traffic lights, the act of blocking traffic roads as specified in Point c
Clause 3 Article 42; Article 43; Clause 2 Article 44; Clause 2 Article 46 and
Point b Clause 3 Article 48 of this Decree.
13. Labor, War Invalids
and Social Affairs inspectors shall impose penalties for the administrative
violations specified in Clause 4 Article 8; Point a Clause 5 Article 11;
Article 32; Point c Clause 2, Point c Clause 4 Article 34; Point d Clause 2
Article 50 of this Decree.
14. Natural Resources and
Environment inspectors specified in Point b Clause 7 Article 20 of this
Decree.”
Article
5. Addition, replacement and repeal of several phrases, Points and Clauses in
the Decrees No. 45/2019/ND-CP, No. 131/2013/ND-CP and No. 38/2021/ND-CP
1. Point b Clause 3
Article 13 of the Decree No. 45/2019/ND-CP; Point b Clause 7 Article 6, Point d
Clause 9 Article 11, Point b Clause 9 Article 15, Clause 7 Article 18, Clause 7
Article 19, Point a Clause 6 Article 21 and Clause 6 Article 30 of Decree No.
38/2021/ ND-CP are repealed.
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3. The following phrases
in the Decrees No. 45/2019/ND-CP and No. 38/2021/ND-CP are replaced and added
thereto:
a) The phrase “các điểm
a, b, c, d, đ, e và g” (“Points a, b, c, d, dd, e and g”) is added before the
phrase “khoản 4” (“Clause 4”) in Clause 8 Article 13 of the Decree No.
45/2019/ND-CP;
b) The phrase “tháo dỡ”
(“dismantle”) in Points c and d Clause 7 Article 17; Point c Clause 9 Article
20 of the Decree No. 38/2021/ND-CP is replaced with “phá dỡ” (“destroy”).
c) The phrase “trừ trường
hợp vi phạm các quy định về di sản thiên nhiên được quy định tại Luật bảo vệ
môi trường” (“except for the violations against regulations on natural heritage
sites specified in the Law on Environmental Protection”) is added after the
phrase “danh lam thắng cảnh” (“landscapes”) in Points a and b Clause 7 Article
20 of the Decree No. 38/2021/ND-CP.
Article
6. Responsibility for implementation
1. The Ministry of
Culture, Sports and Tourism shall preside over and cooperate with relevant
ministries in organizing and providing guidelines for the implementation of
this Decree.
2. Ministers, heads of
ministerial agencies, heads of Governmental agencies, Chairmen/Chairwomen of
People’s Committees of provinces and central-affiliated cities are responsible
for the implementation of this Decree.
Article
7. Implementation clause
1. This Decree comes into
force from January 01, 2022.
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a) Regulations of this
Decree shall apply to the administrative violations against regulations on
tourism; sports; copyright and related rights; cultural and advertising
activities which have been committed before the effective date of this Decree
but are detected or being considered when this Decree takes effect if this
Decree does not provide for legal liability or impose less serious legal
liability.
b) If individuals or
organizations that incur penalties still complain about the decisions on
imposition of penalties for administrative violations issued or completely
implemented before this Decree takes effect, the Decrees No. 45/2019/ND-CP,
46/2019/ND-CP, 131/2013/ND-CP, 28/2017/ND-CP and 38/2021/ND-CP shall apply./.
ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
THE DEPUTY PRIME MINISTER
Vu Duc Dam