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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
119/2020/ND-CP
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Hanoi, October
7, 2020
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DECREE
ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN JOURNALISTIC
AND PUBLISHING ACTIVITIES
Pursuant to the Law on Government
Organization dated June 19, 2015;
Pursuant to the Law on Penalties for
Administrative Violations dated June 20, 2012;
Pursuant to the Law on Press dated April 5,
2016;
Pursuant to the Law on Publishing dated
November 20, 2012;
At the request of the Minister of Information
and Communications;
The Government promulgates a Decree on
penalties for administrative violations in journalistic and publishing
activities.
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GENERAL PROVISIONS
Article 1. Scope
This Decree provides for administrative
violations, methods, fine amounts, remedial measures, power to make
administrative reports and power to impose penalties for administrative
violations in journalistic and publishing activities.
Article 2. Regulated
entities
1. Individuals and organizations that commit
acts of administrative violation in journalistic and publishing activities in
the territory of the Socialist Republic of Vietnam.
2. Those having power to make administrative
offense reports and impose administrative penalties.
3. Relevant organizations and individuals.
4. Organizations defined in clause 1 of this
Article include:
a) Media and publishing organizations
established in accordance with the law on press and publishing;
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c) Economic organizations operating under the
provisions of law;
d) Foreign organizations, resident offices of
foreign media organizations and representative offices of foreign publishers or
foreign publishing organizations in Vietnam;
dd) Public sector entities and other
organizations as prescribed by law on participation in journalistic and
publishing activities.
Article 3. Methods of
penalties, remedial measures
1. For administrative violations in journalistic
and publishing activities, violating organizations and individuals must face
primary penalties which are warnings or fines.
2. Depending on the nature and seriousness of
their violations, the violating individuals and organizations may also be
subject to the following additional penalties:
a) Suspending the license for 01 to 12 months,
including: license for operating print newspapers, print magazines, audio and
visual newspapers, online newspapers and magazines, license for publishing
publications, supplements, license for publishing special issue, license for providing
pay broadcasting, certificate of registration of receiving foreign television
signals directly from satellite, license for channel production programs,
permit for import of print newspapers and magazines, certificate of
registration of provision of foreign channels on pay broadcasting, permit for
setting up news websites, paper newsletter publishing license, special edition
publishing license, license for setting up a publisher, license for setting up
representative offices of foreign publishers or foreign publishing
organizations in Vietnam, license for printing publications, the license for
business in importing publications;
b) Confiscate the exhibits and means of
administrative violations;
c) Suspend operations for 01 to 12 months.
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a) Must making correction or apology;
b) Must recall the journalistic products,
information products of journalistic nature, radio or television programs or
publications in violation of law provisions;
c) Must remove untruthful information,
information in violation of law that has been posted or distributed on online
newspapers and magazines or news websites; must remove the radio and television
programs; must remove on-demand content and value-added content of online
broadcasting applications; must remove the electronic publications in violation
of the provisions of law; must remove the introduction, advertisements and
links to websites with illegal contents;
d) Must return the illegal benefits gained from
the administrative violations;
dd) Must repost the correction and apology;
e) Must repost the conclusion of the competent
authority in full;
g) Must make public apology;
h) Must deposit the journalistic products as
prescribed by law;
i) Must deposit the journalistic products at the
right place and with the right quantity;
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l) Must return the illegally seized means and
documents of the journalist or reporter;
m) Must re-export for publication imported as
materials for international seminars which allowed to organized in Vietnam with
permission of the Vietnamese competent authority or assets belong to
institution, family and individual that are used privately after it has been
used; must re-export the print newspapers or magazines without registering the
list of imported newspapers with MIC before importing them;
n) Must recall the journalistic products,
information products of journalistic nature, radio or television programs or
publications in violation of law provisions;
o) Must remove news or articles on online
newspapers or magazines, radio programs or television programs with contents
inconsistent with the principles and purposes stated in the licenses; must
remove the news, posts that are not posted correctly with the contents of
information specified in the license to set up news websites;
p) Must revoke domain names and IP.
Article 4. Fine amounts and
power to impose penalties
1. The maximum fine amount for each act of
administrative violation in journalistic and publishing activities is VND
200,000,000 for organizations and VND 100,000,000 for individuals.
2. The fines for the administrative violations
specified in Chapters II and III of this Decree are the fines applicable to
organizations, except for the violations specified in Article 6 of the Decree
for individuals.
For the same act of administrative violation,
the fine amount for individuals is equal to a half of the fine amount for
organizations.
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Chapter II
ADMINISTRATIVE
VIOLATIONS IN PRESS, PENALTIES APPLIED AND RECOVERY METHOD
Article 5. Violations in
press license
1. A fine from VND 3,000,000 to VND 5,000,000
for the action below:
a) Change the logo of radio and television
channel without written approval of MIC;
b) Change the airtime, produced programme
duration of radio and television channel expressed in the license for radio
operation or license for television operation, license for production of domestic
radio program, license for production of domestic television program;
c) Change the name of press governing body; the
name of media organization; the name of the radio or television channel;
broadcast location; head office associated with master control room;
transmission and broadcasting methods expressed in the license for radio
operation or license for television operation without approval of MIC.
2. A fine from VND 10,000,000 to VND 15,000,000
for the action below:
a) Failure to properly implement the purposes
and programs expressed in the license of the Ministry of Foreign Affairs (MFA);
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3. A fine from VND 15,000,000 to VND 30,000,000
for the action below:
a) Amend the license for journalistic
activities;
b) Failure to properly implement the content of
press license, except violations in point e clause 4 and point d clause 5
Article 8 hereof;
c) Carry out journalistic activities without the
license of MFA;
d) Issue newsletter or special issue without
license;
dd) Violate regulations on requirements for
establishment of representative office or assigning correspondents of the media
organization;
e) Foreign press, foreign representative body,
foreign organization in Vietnam carries out press or press-related activities
without approval of the competent authority of Vietnam;
g) The foreign media organization sets up its
resident office in Vietnam without the written consent of the competent
regulatory agency.
4. A fine from VND 30,000,000 to VND 50,000,000
shall be imposed for issuing additional press publications, insert or opening
special pages for electronic newspaper or magazine; produce more radio and
television channels without license.
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6. Additional penalties:
a) Confiscate the exhibits of administrative
violations (hereinafter referred to as exhibit) for the actions specified in
points a, c and d clause 3; confiscate the exhibit being press publication,
insert for the action specified in clause 4; confiscate the exhibit being print
newspaper or print magazine for the action mentioned clause 5 of this Article;
b) Suspend the license from 03 to 06 months for
the action mentioned at point a clause 2 this Article.
Article 6. Violations in
journalistic activities and using press cards
1. A fine from VND 3,000,000 to VND 5,000,000
dong for the action below:
a) Use expired press card for journalistic
activities;
b) Foreign reporter, press assistant of foreign
report engaged in journalistic activities in Vietnam without valid foreign
report card issued by MFA;
c) The head of the media organization or the
working agency of the person subject to return of the press card does not take
back the press card or withdraw the press card but fails to submit it to MIC or
fails to give notice in writing for the following cases: The person who
is granted a press card but changes to other duties no longer eligible for a
press card; retired press card holder; the person who has expired labor
employment but is not eligible for signing a new labor employment or no longer
works at the media organization;
d) The holder of press card does not return
his/her press card (unless he/she obtains certification of loss of the police
of the commune, ward or town where the card is lost) in the following cases:
The media organization has the press license revoked; the press card holder
changes to other duties no longer eligible for a press card; retired press card
holder; the person who has expired labor employment but is not eligible for
signing a new labor employment or no longer works at the media organization;
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e) The journalist does not conduct journalistic
activities in accordance with the principles and purposes stated in the press
license of the working media organization.
2. A fine from VND 10,000,000 to VND 20,000,000
for the action below:
a) Impersonating journalist or reporter for
journalistic activities;
b) Abusing the capacity of journalist or
reporter to intervene, obstruct the lawful operation of organizations and
individuals;
c) Using modified press card for journalistic
activities.
3. A fine from VND 20,000,000 to VND 40,000,000
shall be imposed for taking advantage of the status of journalists and
reporters for self-seeking purposes.
4. Additional penalties:
Confiscation of exhibit for the action mentioned
at point a clause 1, point c clause 2 and clause 3 of this Article.
Article 7. Illegally
obstructing journalistic activities
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2. A fine from VND 20,000,000 to 30,000,000
shall be imposed for illegally seizing means and documents related to
journalistic activities of journalist or reporter.
3. A fine from VND 30,000,000 to VND 40,000,000
for the action below:
a) Offending the honor and dignity of the
journalist or reporter while doing their job;
b) Destroying or intentionally damaging means
and documents related to press of the journalist or reporter.
4. A fine from VND 40,000,000 to VND 60,000,000
shall be imposed for acts of verbally threatening the life of the journalist or
reporter but not to the extent where criminal prosecution is needed.
5. Recovery method:
a) Must apologize, for activities stipulated at
clauses 2, 3 and 4 of this Article.;
b) Must return the means or documents illegally
seized for the action mentioned in clause 2 of this Article.
Article 8. Violations in
posting and broadcasting information contents in newspapers, newsletters and
special issues
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2. A fine from VND 5,000,000 to VND 10,000,000
for the action below:
a) Posting false information that caused serious
consequence;
b) Giving inappropriate illustration and
headline which confuse the readers;
c) Posting individual photos without that
individual’s consent, unless otherwise prescribed by law;
d) Posting comments which are not adequate as
required in clause 4 Article 43 of the Law on Press or posting at wrong time as
prescribed in clause 2 Article 43 and clause 5 Article 42 of the Law on Press.
3. A fine from VND 10,000,000 to VND 30,000,000
for the action below:
a) Posting news, photos that do not suit
Vietnam’s fine custom;
b) Posting information that encourage bad
tradition, superstition;
c) Posting Vietnamese map which wrongly
expresses national sovereignty;
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dd) Failure to post comments of entities
relevant to the press product as prescribed in clauses 2 and 3 of the Law on
Press;
e) Posting or broadcasting the information or
program intended for children with insufficient content, inappropriate time
frame and duration in the press;
g) Failure to comply with compulsory
requirements when posting the news, article or program related to children in
the press;
h) Failure to implement or properly implement warning
of inappropriate content to children in the press;
i) Revealing the individual privacy without the
approval of that individual;
k) Posting the information that infringes on
individual secret or correspondence secrecy.
4. A fine from VND 30,000,000 to VND 50,000,000
for the action below:
a) Describing excessive details about the
criminal acts or creepy accidents in news, articles and photos;
b) Convicting the crime without a court’s
legally effective judgment;
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d) Posting the information about relatives,
relationships of individuals in the case or negative matters when there is no
evidence to prove that relatives and relationships are related to the case or
negative matters or no conclusion of competent regulatory agencies;
dd) Introducing, promoting or placing the link
on a website with contents in violation of law;
e) Failure to properly implement the principles
and purposes of the press license or the license for producing domestic
channels that causes misdemeanor impact.
5. A fine from VND 50,000,000 to VND 70,000,000
for the action below:
a) Posting false information that causes serious
consequence;
b) Posting the information that is biased to
distorts or offend the honor, prestige of the corporate or the honor and
dignity of the individual;
c) Posting the information with excessive
details about obscenity or debauchery act;
d) Failure to properly implement the principles
and purposes of the press license or the license for producing domestic
channels that causes serious impact.
6. A fine from VND 70,000,000 to VND 100,000,000
for the action below:
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b) Posting the new, article or photo inciting
violence.
7. A fine from VND 100,000,000 to 150,000,000
shall be imposed for posting, broadcasting, introducing or promoting the works,
documents or contents that are suspended from release, revoked, confiscated,
banned from circulation or destroyed.
8. A fine from VND 150,000,000 to VND
200,000,000 for the action below:
a) Posting the information that is not suitable
to the interests of the country and the people;
b) Posting the information that is distorted,
fabricated or causing confusion among people;
c) Posting the information with contents that
affects the independence, sovereignty and territorial integrity of the
Socialist Republic of Vietnam;
d) Posting the information that distorts
history, denies revolutionary achievements, or offends the nation, national
heroes;
dd) Posting the information that affects the
great national unity bloc;
e) Posting the information that infringes upon
the right to freedom of belief or religion;
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9. Additional penalties:
a) Confiscate exhibits that are journalistic
products of print newspapers, print magazines, newsletters, special issues, for
acts specified at point c, clause 3; clauses 6, 7 and 8 of this Article;
b) Suspend the license or operation from 01 to
12 months for the actions mentioned at point d clause 5; clauses 6, 7 and 8 of
this Article.
10. Recovery method:
a) (The media organization) must correct,
apologize for the actions at points a, b and c, clause 2; points a, b, c, d, i
and k, clause 3; points a, b, c and d, clause 4; points a, b and c, clause 5;
clauses 6, 7 and 8 of this Article;
b) Must remove false information, information in
violation of law that has been posted on online newspapers, online magazines,
audio and visual newspapers, for acts of violation specified in points a, b and
c, clause 2; points a, b, c, d, i and k, clause 3; points a, b, c and d, clause
4; points a, b and c, clause 5; clauses 6, 7 and 8 of this Article;
c) Must remove news or articles on online
newspapers, online magazines, audio and visual newspapers with contents
inconsistent with the principles and purposes expressed in the press license,
for the action specified at point d clause 5 of this Article;
d) Must remove the introduction, promotion or
link on a website with contents in violation of law as specified in point dd
clause 4 of this Article.
Article 9. Violations in
providing information to press and using information of the press
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a) Prevent the institution and individual from
providing information to the press;
b) Failure to provide the press with information
according to clause 1 Article 38 of the Law on Press;
c) Failure to comply with regulations on time
limit for notification or deadline for posting responses to comments,
criticisms, complaints or requests of organizations or individuals.
2. A fine from VND 10,000,000 to VND 15,000,000
for the action below:
a) Inaccurate and untruthful presentation of the
interviewees' answers;
b) Failure to implement the interviewee request
for reviewing the article by the interviewee before posting the interview;
c) Using the opinions expressed at the
conference, seminar, meeting, exchange or talk to convert them into the
interview without the speaker's consent;
d) Provide false and untruthful information for
the press.
3. Recovery method:
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Article 10. Violations in
correction in the press
1. A warning for correction or apology in breach
of regulations on position, typeface or font size.
2. A fine from VND 1,000,000 to VND 3,000,000
for the action below:
a) Failure to notify the correction or apology
to relevant entities;
b) Posting the correction or apology without
showing the content of the corrected information or apology or title of the
press product, column name, issue number, date posted that must be corrected.
3. A fine from VND 3,000,000 to VND 5,000,000
for the action below:
a) Failure to remove false information;
b) Failure to notify the media organizations or
news websites with agreement on using their articles to post the correction and
apology;
c) The magazine that publishes an issue per over
30 days publishes false information but fails to provide an instant answer for
the concerned entity;
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dd) Posting the correction and apology without
quoting the adequate false information that distorts, slanders, and offends the
prestige of the corporate or the honor and dignity of the individual in the
press product and the corrected information;
e) Making untimely correction and apology
according to law.
4. A fine from VND 10,000,000 to VND 20,000,000
for the action below:
a) Failure to correct or apologize according to
regulations;
b) Failure to post the conclusion of competent
regulatory agency about the false information that distorts, slanders, and
offends the prestige of the corporate or the honor and dignity of the
individual in the press.
5. Recovery method:
a) Must correct and apologize, for the action
stipulated at point a, clause 4 of this Article;
b) Must repost the correction and apology for
the action mentioned in point dd clause 3 of this Article;
c) Must repost the adequate conclusion of the
competent regulatory agency for the action mentioned in point b clause 4 of
this Article;
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Article 11. Violation of
regulation on press briefing
1. A fine from VND 1,000,000 to VND 3,000,000
for the press briefing without written notice or with untimely notice.
2. A fine from VND 3,000,000 to VND 5,000,000
for the press briefing which does not correspond to the approval of the press
authority or notice submitted to the press authority.
3. A fine from VND 20,000,000 to VND 40,000,000
for the press briefing that has been suspended by the competent authority.
4. A fine from VND 30,000,000 to VND 50,000,000
for the press briefing with content that distorts, offends the honor and
prestige of corporate or the honor and dignity of the individual.
5. A fine from VND 70,000,000 to VND 100,000,000
for the press briefing with the content inciting violence.
6. A fine from VND 140,000,000 to VND 200,000,000
for the press briefing that prejudices the national interests but not to the
level where criminal prosecution is needed.
7. Additional penalties:
Confiscation of exhibit for the actions
mentioned in clauses 4, 5 and 6 of this Article.
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Must apologize on means of mass media, for the
actions stipulated at clauses 4, 5 and 6 of this Article.
Article 12. Violations in
compulsory information in newspapers, newsletters and special issues
1. A warning for failure to fully or correctly
write compulsory information in the newspaper, newsletter or special issue.
2. A fine from VND 500,000 to VND 1,000,000 for
designing the frontpage and first cover page of the print newspaper or print
magazine, the home page and pages of the electronic newspaper or electronic
magazine in a manner which is inconsistent with contents of a press product.
3. A fine from VND 3,000,000 to 5,000,000 for
failure to display the logo or theme song to the audio or visual newspapers.
Article 13. Violations in
publishing journalistic products and information products of journalistic
nature
1. A fine from VND 5,000,000 to VND 10,000,000
for the action below:
a) Obstructing the publishing and transmission
of legal journalistic products and information products of journalistic nature;
b) Selling the illegally-imported press product.
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a) Publishing the journalistic products or
information products of journalistic nature that are not permitted for
circulation or subject to the revocation or confiscation decision;
b) Failure to recall the press publications or
information products of journalistic nature when there is a decision to recall.
3. Recovery method:
a) Must recall the journalistic products or
information products of journalistic nature, for the actions specified at point
b, clause 1 and point b, clause 2 of this Article;
b) Must destroy the journalistic products or
information products of journalistic nature, for the actions specified at point
b, clause 1 and clause 2 of this Article;
c) Must return the illegal benefits gained from
the administrative violations specified at point b, clause 1 and point a,
clause 2 of this Article.
Article 14. Violation of
regulation on depository of journalistic products
1. A warning for depositing the journalistic
products to the wrong repository, time and quantity in accordance with laws and
regulations.
2. A fine from VND 500,000 to VND 1,000,000 for
failure to display clear information about the deposited newspaper or print
magazine, the quantity of copies, the deposit date and time, the signature of
the head of the media organization or authorized person on the deposited print
newspaper or magazine.
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a) Failure to deposit a journalistic product as
required;
b) Failure to archive, in case of the audio or
visual newspaper, the program that was transmitted or broadcast in full or
within the duration required; failure to archive, in case of the online
newspaper or magazine, the full information that was posted or within the
duration required;
c) Failure to provide broadcast signals (for
audio and visual newspapers), the right to access data (for electronic
newspapers, electronic magazines) at the request of the online depositary
agency;
d) Failure to ensure the consistency and
accuracy between the content of the published or broadcast work and the content
of the work provided for the online depository agency.
4. Recovery method:
a) Must deposit the journalistic product for the
action mentioned at point a, clause 3 of this Article;
b) Must deposit the journalistic product to the
proper repository, time and quantity for the action mentioned in clause 1 of
this Article;
c) Must provide accurate posted content for the
action mentioned in point d clause 3 of this Article.
Article 15. Violations in
export and import of print newspapers
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2. A fine from VND 5,000,000 to VND 10.000.000
for importing the print newspaper or print magazine without going through the
press importer licensed by MIC.
3. A fine from VND 10,000,000 to VND 20,000,000
for the action below:
a) Importing or exporting the print newspaper or
magazine with contents promoting bad tradition, superstitions; mystical stories
that cause confusion in the society, which adversely affects the social order
and safety and health of the community;
b) Importing or exporting the print newspaper or
magazine with contents that do not suit Vietnamese fine customs;
c) Importing or exporting the print newspaper or
magazine with contents that affect the normal physical and mental development
of children;
d) Importing or exporting the print newspaper or
magazine with contents that infringes on individual secret or correspondence
secrecy.
4. A fine from VND 30,000,000 to VND 50,000,000
for the action below:
a) Importing or exporting the print newspaper or
magazine with contents about obscenity or debauchery act;
b) Importing or exporting the print newspaper or
magazine with false contents that distort or offend the honor, prestige of the
corporate or the honor and dignity of the individual.
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6. A fine from VND 150,000,000 to VND 200,000,000
for importing or exporting the print newspaper or magazine with contents that
prejudices the national interests but not to the level where criminal
prosecution is needed.
7. A fine from VND 150,000,000 to VND
200,000,000 for importing or exporting the print newspaper or magazine with
contents that prejudices the national interests but not to the level where
criminal prosecution is needed.
8. Additional penalties:
Revoke the license 03 to 12 months for the
action prescribed in clause 6 of this Article.
9. Recovery method:
a) Must destroy the press products, for the
actions specified in clauses 3, 4, 5, 6 and 7 of this Article;
b) Must return the illegal benefits gained from
the administrative violations specified in clauses 3, 4, 5, 6 and 7 of
this Article;
c) Must re-export of the print newspaper or
magazine, for the actions specified in clauses 1 and 2 of this Article.
Article 16. Violations in
receiving foreign television signals directly from satellites without edit by
the Vietnamese press
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a) Receiving foreign television signals directly
from satellites without edit by the Vietnamese press without the certificate of
registration for receiving foreign television signals directly from satellites;
b) Modifying or leasing, lending the certificate
of registration for receiving foreign television signals directly from
satellites;
c) Not implementing property the content of the
certificate of registration for receiving foreign television signals directly
from satellites.
2. A fine from VND 20,000,000 to VND 30,000,000
for the action below:
a) Performing the agreement or entering into the
contract to provide television signals directly from satellites without
registering to be the focal point for setting up the system of equipment to
receive foreign television signals directly from satellites;
b) Receiving foreign television signals directly
from satellites without the certificate of registration for receiving foreign
television signals directly from satellites;
c) Supplying foreign television signals directly
from satellites to entities holding no certificate of registration for
receiving foreign television signals directly from satellites.
3. A fine from VND 150,000,000 to VND
200,000,000 for providing foreign television signals directly from satellites
with contents that prejudices the national interests but not to the level where
criminal prosecution is needed.
4. Additional penalties:
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Article 17. Violations in
broadcasting management and supply
1. A fine from VND 5,000,000 to VND 10,000,000
for the action below:
a) Failure to install or properly install the
broadcasting name and logo on channels as prescribed;
b) Quoting incomplete information about the
service price or service package price associated with basic information and
specifications of the service or service package;
c) Failing to comply with regulations on
declaration of broadcasting quality;
d) Failure to comply with regulations on
self-inspection and supervision of broadcasting quality;
dd) Failure to notify the licensing authority in
writing within 30 days from the official change of the address of the head
office, the legal representative, the certificate of business registration, the
certificate of investment registration.
2. A fine from VND 10,000,000 to VND 20,000,000
for the action below:
a) Installing the broadcasting name and logo on
channels serving political missions and essential propaganda;
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c) Failure to properly implement the certificate
of registration for the list of channels of pay broadcasting;
d) Obstructing or delaying agreement on the
point of receiving the signals and channels in service of political missions
and essential propaganda for broadcasting providers;
dd) Failure to issue internal regulations on
self-inspection of broadcasting quality as prescribed;
e) Failure to register the form-based contract
with a competent regulatory agency or use the contract inconsistently with the
registered form-based contract;
g) Failure to quote or completely quote
information about the service price or service package price associated with
basic information and specifications of the service or service package;
h) Failure to declare or properly declare
broadcasting quality;
i) Failure to comply with regulations on
self-inspection and supervision of broadcasting quality.
3. A fine from VND 30,000,000 to VND 50,000,000
for the action below:
a) Failure to comply with provisions in the
broadcasting license;
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c) Failure to provide channels serving national
political missions and essential propaganda for all pay television subscribers
as prescribed;
d) Failure to provide channels serving local
political missions and essential propaganda to all television subscribers in
the locality where the broadcaster provides services as prescribed;
dd) Providing the service with quality lower
than the declared service quality level;
e) Pre-install the application on user's terminal
equipment to help access broadcasting in contravention of law;
g) Providing channels on pay broadcasting
without the certificate of registration for the list of channels of
broadcasting;
h) Provide on-demand content and value-added
content that have not been edited as prescribed;
i) Providing channels and program contents on
pay broadcasting without a legal copyright agreement with the content owner.
4. A fine from VND 50,000,000 to VND 70,000,000
for the action below:
a) Providing the commercials pre-installed from
abroad in foreign channels;
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c) Providing foreign channels on pay
broadcasting without being edited or translated as prescribed;
d) Selling, transferring, leasing, or lending
the broadcasting license in any form;
dd) Provide foreign channels on public
broadcasting;
e) Providing on-demand service packages and
value-added services on the broadcasting.
5. A fine from VND 70,000,000 to VND 100,000,000
for the action below:
a) Providing on broadcasting the domestic
channels without a license to produce domestic channels as prescribed;
b) Providing the programs and channels on
broadcasting with contents that are not posted in the press, not allowed to be
circulated, banned or subject to the confiscation decision;
c) Providing the foreign-invested pay
broadcasting without the Prime Minister's approval;
d) Providing programs or channels to the broadcasting
provider without the permission of the content owner or in contravention of
authorization made by the agency or organization that owns the authorized
content.
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a) Providing pay broadcasting without a license;
b) Providing the programs and channels on pay
broadcasting with contents that affects national interests but not to the
extent where criminal prosecution is needed.
7. Additional penalties:
Confiscate the exhibits related to action
stipulated in clause 6 of this Article.
8. Recovery method:
a) Must remove the on-demand content or
value-added content, for the actions specified in points h and i, clause 3;
point e, clause 4 of this Article;
b) Must remove the online broadcasting
application, for the action specified at point e, clause 3 of this Article;
c) Must return the illegal benefits gained from
the administrative violation specified at point a, clause 6 of this Article.
Article 18. Violations in
provision of foreign channels in broadcasting
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a) Failure to properly implement the certificate
of registration for provision of foreign channels on pay broadcasting;
b) Failure to properly implement the license for
editing foreign channels on pay broadcasting.
2. A fine from VND 10,000,000 to VND 20,000,000
for the action below:
a) Providing the foreign channel when the
certificate of registration for provision of foreign channels on pay
broadcasting has expired or failure to apply for amendments to the certificate
of registration for provision of foreign channels on foreign broadcasting when
changing the channel category or contents;
b) Editing or translating the foreign channel when
the license for editing foreign channels on pay broadcasting has expired or
failure to apply for amendments to the license for editing foreign channels
when changing the channel category or contents.
3. A fine from VND 30,000,000 to VND 40,000,000
for the action below:
a) Providing foreign channels with royalties to
pay the broadcasting providers without a certificate of registration for
provision of foreign channels;
b) Editing and translating foreign channels on
broadcasting in contravention of regulations.
4. A fine from VND 50,000,000 to VND 70,000,000
for the action below:
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b) Editing and translating foreign channels on
pay broadcasting without a license to edit foreign channels.
Article 19. Violations in
cooperation in journalistic activities
1. A fine from VND 5,000,000 to VND 10,000,000
for co-production of programs, radio channels, television channels, print
newspapers or magazines, online newspapers or magazines outside the fields
allowed.
2. A fine from VND 30,000,000 to VND 50,000,000
for the action below:
a) Cooperating in excess of 30% of the total
number of radio and television channels licensed for production in case of
cooperation in all channels;
b) Co-production of copyrighted radio programs,
television and entertainment programs, television games, reality television,
foreign program scripts that are not Vietnamized, or not suitable for
Vietnamese fine customs;
c) Co-production of the program on the radio or
television channel serving political missions and essential propaganda, general
news and political channels with the airtime exceeding 30% of the total first
airtime of the program on this channel.
3. A fine from VND 70,000,000 to VND 100,000,000
for cooperation in news and political radio and television programs.
4. A fine from VND 150,000,000 to VND
200,000,000 for co-production of programs, radio channels, television channels,
print newspapers or magazines, online newspapers or magazines that prejudices
the national interests but not to the level where criminal prosecution is
needed.
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a) Confiscate the exhibits related to the
actions stipulated in clauses 3 and 4 of this Article;
b) Suspend the operation from 03 to 12 months
for the actions mentioned in clauses 3 and 4 of this Article.
6. Recovery method:
Must correct and apologize, for the actions
stipulated at point b, clauses 2 and 4 of this Article.
Article 20. Violations in
news websites
1. A fine from VND 10,000,000 to VND 20,000,000
for the action below:
a) Posting the information that infringes on
individual secret or correspondence secrecy;
b) Failure to properly implement the license for
establishment of news website;
c) Providing a link to a website or an
application with content in violation of the law;
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dd) Failure to provide sufficient information
about the name of the website’s governing body, name of the governing body (if
any), name of the person responsible for content management, address, phone
number, email, valid license number, date of issue, licensing authority on the
footer of the news website;
e) Posting press, literature, art works and
publications without the consent of the intellectual property right holder;
g) Failure to immediately remove the content
which has been removed by the source(s) or at the request of a competent
regulatory agency;
h) Failure to publish the correction and apology
of the violating media organization of which the content has been quoted by the
news website.
2. A fine from VND 20,000,000 to VND 30,000,000
for the action below:
a) Failure to quote the official source in
accordance with the regulations;
b) Providing the information promoting bad
tradition, superstitions; mystical stories that cause confusion in the society,
which adversely affects the social order and safety and health of the
community;
c) Providing the information that does not suit
Vietnam’s fine customs;
d) Posting information that affects the normal
physical and mental development of children;
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e) Failure to implement a public information
management process or to meet management requirements for public information
management process.
3. A fine from VND 30,000,000 to VND 40,000,000
for the action below:
a) Providing information with contents inciting
violence;
b) Providing information with excessive details
about the criminal acts, creepy accidents, obscenity or debauchery act.
4. A fine from VND 40,000,000 to VND 50,000,000
for the action below:
a) Posting Vietnamese map which wrongly
expresses national sovereignty;
b) Posting false information that distorts or
offends the honor, prestige of the corporate or the honor and dignity of the
individual;
c) Providing information with contents of
conviction without a court’s legally effective judgment;
d) Posting press works, contents in press works
or publications which have been suspended from circulation, recalled,
confiscated, banned from circulation, removed or destroyed;
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5. A fine from VND 50,000,000 to VND 70,000,000
for setting up a news website without a license.
6. A fine from VND 150,000,000 to VND
200,000,000 for the action below:
a) Providing information against the Socialist
Republic of Vietnam; sabotaging the implementation of a policy of international
solidarity but not to the extent where criminal prosecution is needed;
b) Providing information that is distorted,
fabricated or confusing among the people, but not to the extent where criminal
prosecution is needed;
c) Providing information with contents inciting
war to oppose the independence, sovereignty and territorial integrity of the
Socialist Republic of Vietnam, but not to the extent where criminal prosecution
is needed;
d) Posting the information that distorts
history, denies revolutionary achievements, or offends the nation, national
heroes but not to the extent where criminal prosecution is needed;
dd) Provide information that causes hatred,
discrimination, ethnic division, separatism, infringes upon equal rights in the
community of ethnic groups of Vietnam; causes divisions between walks of life,
between the people and the people's administration, the people's armed forces,
political organizations, or socio-political organizations, but not to the
extent where criminal prosecution is needed;
e) Providing information that infringes upon the
right to freedom of belief or religion but not to the extent where criminal
prosecution is needed;
g) Posting the classified information but not to
the level where criminal prosecution are needed.
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Suspend the license for 03 to 12 months for the
actions prescribed in clauses 4 and 6 of this Article.
8. Recovery method:
a) Failure to immediately remove the content
which has been removed by the source(s) or at the request of a competent
regulatory agency, for the action prescribed in point g clause 1 of this
Article;
b) Must post the correction and apology of the
violating media organization of which the content has been quoted by the news
website, for the action prescribed in point h clause 1 of this Article.
c) Must revoke the domain name, for the action
prescribed in clause 5 of this Article.
Article 21. Violations in
reporting regime in journalistic activities, broadcasting provision, and news
websites
1. A fine from VND 3,000,000 to VND 5,000,000
for the action below:
a) Failure to notify the competent authority in
writing when the location of the representative office or the head of the
representative office of the media organization is changed;
b) Failure to notify the competent authority in
writing of the establishment, suspension or termination of operation of the
representative office of the media organization; failure to notify the
competent authority in writing of the appointment, replacement or suspension of
the operation of correspondents;
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d) Making report or explanation with contents,
time limit or accuracy in contravention with those required by the competent
authority;
dd) The organization or enterprise licensed to
set up a news website has changed its owner, changed the location without
giving notice or not giving a written notice within the prescribed time limit to
the competent authority.
2. A fine from VND 5,000,000 to 10,000,000 for
failure to comply with periodical reporting as prescribed.
3. A fine from VND 10,000,000 to 20,000,000 for
failure to make reports or give explanations at the request of the competent
authority.
Chapter III
ADMINISTRATIVE
VIOLATIONS IN PUBLICATION, PENALTIES APPLIED AND RECOVERY METHOD
Article 22. Violations in
publication licenses, operating conditions of publication
1. A fine from VND 3,000,000 to VND 5,000,000
for the action below:
a) Failure to send a written notice to MIC when
the publisher's head office is relocated;
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c) Failure to amend the license for
establishment of representative office in Vietnam of a foreign publisher or a
foreign publishing organization when changing the representative office’s head,
name, or activities.
2. A fine from VND 5,000,000 to 10,000,000 for
changing one of the following contents without replacement of license for
establishment of publisher: Change of the governing body, change of the
name of publisher's governing body or the name of the publisher; change of the
publisher's organization type; change of the principles, purposes, readers, and
major publications of the publisher.
3. A fine from VND 10,000,000 to VND 20,000,000
for the action below:
a) Failure to properly implement the content
expressed in the license for establishment of publisher;
b) Violations against regulations on operating
conditions of publisher;
c) Operating a representative office of the
foreign publisher a foreign publishing organization in Vietnam but failure to
meet requirements or properly implement the content expressed in the
establishment license.
4. A fine from VND 20,000,000 to VND 30,000,000
for failure to terminate operation of the representative office when the
foreign publisher or foreign publishing organization ceases operation,
disbands, or goes bankrupt abroad.
5. A fine from VND 30,000,000 to VND 50,000,000
for continuing to operate representative offices of the foreign publisher or
foreign publishing organization in Vietnam but the license has expired.
6. A fine from VND 50,000,000 to VND 100.000.000
for operating representative offices of the foreign publisher or foreign
publishing organization in Vietnam without an establishment license.
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8. Recovery method:
a) Must recall publications, for the action
specified in clause 7 of this Article;
b) Must return the illegal benefits gained from
the violation specified in clause 7 of this Article.
Article 23. Violations in
the process and procedures in publishing activities
1. A fine from VND 3,000,000 to VND 5,000,000
for the action below:
a) Failure to provide sufficient information in
the publishing decision form as prescribed;
b) Insufficient storage of manuscript editing
documents and related documents of the publication;
c) Using a written consent of the author, the
copyright owner that does not have enough information in the prescribed form;
d) Signing and approving the complete manuscript
for printing or releasing electronic publication in contravention of
regulations or not adequately as prescribed;
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2. A fine from VND 5,000,000 to VND 10,000,000
for the action below:
a) Failure to issue a publishing decision for
each publication;
b) Revealing or leaking the contents of the work
or document before being released that affects the interests of the author or
the copyright owner to each publication;
c) Failure to comply with the contents of the
license to publish non-commercial documents in terms of the name of the
document, scope of release, form of release, and place of printing for each
publication;
d) Publishing the publication inconsistently
with the content of the certification of publication registration with regard
to the publication's name, author's name, translator's name (if any), genre,
publication language, and associated partner for each publication.
3. A fine from VND 10,000,000 to VND 15,000,000
for the action below:
a) Increasing the retail price indicated on the
publication without the consent of the publisher's director for each
publication;
b) Putting the name as editor-in-chief or editor
in a publication without an editorial practice certificate for each
publication;
c) Publishing the publication that is
inconsistent with the summary of contents, topic in the certification of
publication registration for each publication;
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dd) Signing the publishing decision beyond
authority or without a legal authorization;
e) Failure to enter into a printing contract
with the printing establishment for each publication;
g) Entering into a printing contract with a
printing establishment that does not have a license to print publications.
4. A fine from VND 15,000,000 to VND 20,000,000
for the action below:
a) Publishing the publication without a
certification of publication registration or without a license to publish
non-commercial documents for each publication;
b) Publishing or reprinting publications without
a publishing or reprinting decision for each publication;
c) Failure to edit the manuscript, or sign for
approval of the manuscript before it is printed or released on the electronic
means for each publication;
d) Modifying or falsifying contents of the
approved manuscript or manuscript of non-commercial documents bearing the seal
of the publishing licensing agency for each publication;
dd) Failure to retain manuscript editing
documents and relevant documents of publications for each publication;
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g) Failure to assess the content of the work or
document according to regulations or at the request of a competent authority
for each publication;
h) Publishing the work or document and
reprinting the publication without written consent of the author or copyright
holder in accordance with the provisions of law applicable to each publication.
5. Recovery method:
Must recall the publications, for the actions
specified in points a, b, d and h clause 4 of this Article.
Article 24. Violations in
publication content
1. A fine from VND 10,000,000 to VND 20,000,000
for publishing the publication with less serious false contents for each
publication title.
2. A fine from VND 20,000,000 to VND 40,000,000
for the act of publishing the publication with contents in one of the following
cases:
a) Disclosing the secrets of the organization or
individual for each publication title;
b) Serious false contents for each publication
title.
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a) Obscenity and debauchery, incitement to
violence, superstition or inconformity with Vietnamese fine customs for each
publication title;
b) Offending the reputation of the corporate and
the honor and dignity of the individual for each publication title;
c) Disclosing state secrets for each publication
title but not to the extent where criminal prosecution is needed.
4. A fine from VND 80,000,000 to VND 140.000.000
for publishing the publication with serious false contents for each publication
title.
5. A fine from VND 140.000.000 to VND
200.000.000 for the act of publishing the publication with contents in one of
the following cases:
a) Distorting historical truths, denying
revolutionary achievements; insulting the nation, personalities and national
heroes; prejudicing the national interests; causing national disunity for each
publication title;
b) Failure to express or to correctly express
national sovereignty over each title of published map.
6. Additional penalties:
Suspend the operation from 01 to 03 months for
the actions mentioned in clauses 4 and 5 of this Article.
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a) Must recall the publications, for the actions
specified in clauses 1 and 2 of this Article;
b) Must recall the publications, for the actions
specified in clauses 3, 4 and 5 of this Article;
c) Must making public apology, for the actions
mentioned at point a clause 2 and point c clause 3 of this Article;
d) Must return the illegal benefits gained from
the violations specified in clauses 4 and 5 of this Article.
Article 25. Violations in
layout and illustration of publications and compulsory information on
publications
1. A fine from VND 1,000,000 to VND 3,000,000
for placing information in the wrong position or insufficient information on
the publication for each publication title, except for cases of specified at
points b and c, clause 2 of this Article.
2. A fine from VND 3,000,000 to VND 5,000,000
for the action below:
a) Incorrect compulsory information on the
publication for each publication title;
b) Failure to write “Advertising book” on the
fourth cover, for advertising books, for each publication title;
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3. A fine from VND 5,000,000 to VND 10,000,000
for the action below:
a) Using pictures, drawings, symbols or
characters to present or illustrate the publication that are offensive or
inconsistent with the Vietnamese fine traditions and customs applicable to each
publication name;
b) Using map images for presentation or
illustration on publications but incorrectly expressing the national
sovereignty over each publication's name.
4. Recovery method:
a) Must recall the publication, for the action
specified in clause 2 of this Article;
b) Must recall the publication, for the action
specified in clause 3 of this Article.
Article 26. Violations in
depositing publications and submitting publications to the National Library of
Vietnam
1. A fine from VND 500,000 to VND 1,000,000 for
failure to submit the publication in due time or in sufficient quantity to the
National Library of Vietnam for each publication title.
2. A fine from VND 1.000.000 to VND 3,000,000
for failure to submit the publication to the National Library of Vietnam for
each publication title.
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4. A fine from VND 10,000,000 to VND 20,000,000
for releasing the publication without the legal deposit, for each publication
title.
5. Recovery method:
a) Must submit the publication to the National
Library of Vietnam, for the actions specified in clauses 1 and 2 of this
Article;
b) Must deposit the publication, for the actions
specified in clauses 3 and 4 of this Article.
Article 27. Violations in
publishing cooperation
1. A fine from VND 3,000,000 to VND 5,000,000
for the action below:
a) Issue the publishing decision before signing
a publishing cooperation contract;
b) The cooperation contract does not fully
express the content of cooperation as prescribed
c) Failure to retain a certified copy of the
valid identity card or citizen's identity or passport of the individual who is
a cooperative partner or failure to keep a certified copy of proof of the legal
status of the corporate that is a cooperative partner.
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3. A fine from VND 10,000,000 to VND 15,000,000
for the action below:
a) Cooperating in publishing or reprinting the
work or document but there is no legal document proving the consent of the
copyright owner for each publication title;
b) Releasing the cooperative publication before
there is a distribution decision for each publication title.
4. A fine from VND 15,000,000 to VND 20,000,000
for the action below:
a) Cooperating in publishing the publication
without a cooperation contract for each publication title;
b) Failure to comply with the manuscript content
approved by the general director (director) of the publisher to print or
release on the electronic means for each publication title;
c) Cooperating in preliminarily editing the
manuscript of the work or document for which the preliminary edit is not
allowed, for each publication title.
5. A fine from VND 20,000,000 to VND 30,000,000
for failure to modify, suspend the release, revoke or destroy the publications
upon written request of the director (general director) of the house.
publishing or a competent authority, for each publication name;
6. Additional penalties:
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7. Recovery method:
a) Must recall the publication, for the action
specified in point a clause 3 of this Article;
b) Must return the illegal benefits gained from
the violation specified in point a clause 3 of this Article.
Article 28. Violations in
printing publications
1. A fine from VND 3,000,000 to VND 5,000,000
for the action below:
a) Updating inadequate information on the
receipt of prepress, printing, and postpress into the "logbook of receipt
of prepress, printing and postpress" according to the prescribed form;
b) Keeping inadequate dossier of printing
publications.
2. A fine from VND 5,000,000 to VND 10,000,000
for the action below:
a) Printing the publication without a printing
contract signed between the publisher and the printing establishment for each
publication title;
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c) Failure to notify in writing the licensing
agency of printing publications when there is any replacement of the head of
the printing establishment.
3. A fine from VND 10,000,000 to VND 20,000,000
for the action below:
a) Printing the publication that does not
correspond to the manuscript content approved by the general director
(director) of the publisher, for each publication title; or the manuscript
content of the non-commercial document that obtains the license for publishing,
for each publication title;
b) Going through the prepress or postpress
process without a printing license issued by the competent authority;
c) Failure to keep the dossier of acceptance of
printing publication for each publication title;
d) Printing the publication but the manuscript
for printing is not fully approved according to the regulations applicable to
each publication title;
dd) Printing fewer than 1,000 copies of the
finished product or of the semi-finished product without a publishing license
and without an accepted manuscript for each publication title;
e) Using a printing license that has not been
renewed under regulations to go through the prepress, printing, postpress
process.
4. A fine from VND 30,000,000 to VND 50,000,000
for the action below:
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b) Printing fewer than 1,000 copies of the
finished product or of the semi-finished product without a publishing decision
and without an accepted manuscript for each publication title;
c) Printing from 1,000 to fewer than 2,000
copies of the finished product or of the semi-finished product without a
publishing license and without an accepted manuscript for each publication
title;
5. A fine from VND 50,000,000 to VND 70,000,000
for the action below:
a) Printing from 1,000 to fewer than 2,000
copies of the finished product or of the semi-finished product without a
publishing decision and without an accepted manuscript for each publication
title;
b) Doing printing outsourcing for foreign
organizations and individuals without a license for doing printing outsourcing
of publications for each publication title.
6. A fine from VND 70,000,000 to VND 100,000,000
for the action below:
a) Using photocopiers and printing devices to
duplicate publications which have been suspended from release, recalled,
confiscated, banned from circulation, destroyed or illegally imported;
b) Printing fewer than 1,000 copies of the
finished product or of the semi-finished product without a publishing decision
and without an accepted manuscript for each publication title;
c) Printing the publication without a license to
print publications.
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a) Printing from 1,000 to fewer than 2,000
copies of the finished product or of the semi-finished product without a
publishing decision and without an accepted manuscript for each publication
title;
b) Printing publications which have been
suspended from release, recalled, confiscated, banned from circulation, or
destroyed with quantity of fewer than 500 copies or finished products or
semi-finished products, for each publication title.
8. Additional penalties:
a) Suspend the license or operation for 01 to 03
months for the action prescribed in point b clause 6 of this Article;
b) Suspend the license or operation for 04 to 06
months for the action prescribed in clause 7 of this Article.
9. Recovery method:
a) Must recall the publication, for the action
specified in point a clause 3 of this Article;
b) Must destroy the print products, for the
actions specified at points b and c, clause 4; clause 5; points a and b, clause
6; clause 7 of this Article;
c) Must return the illegal benefits gained from
the violations specified in clauses 6 and 7 of this Article.
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1. A fine from VND 3,000,000 to VND 5,000,000
for the action below:
a) Releasing publications without invoices or
proof showing legal origin or illegally releasing publications to foreign
countries in the territory of Vietnam with quantity of fewer than 50 copies for
each publication title;
b) Selling publications of the type of
non-commercial use for each publication title;
c) Archiving finished products or semi-finished
publications without invoices or proof showing legal origin, with the quantity
of fewer than 50 copies for each publication title.
2. A fine from VND 5,000,000 to VND 10,000,000
for the action below:
a) Releasing publications without invoices or
proof showing legal origin or illegally releasing publications to foreign
countries in the territory of Vietnam with quantity of from 50 to fewer than
100 copies for each publication title;
b) Failure to notify the publishing authority
when the type of organization is changed or the head of the releasing
establishment is replaced or the head office, branch or business location is
relocated in the same province or central-affiliated city;
c) Failure to carry out the procedures for
re-registration of publication release activities when moving the head office
or branch to another province or central-affiliated city; establishment or
dissolution of a branch in the same province or central-affiliated city where
its head office is located; the establishment or dissolution of a branch in the
province or central-affiliated city where the head office is not located;
d) Archiving finished products or semi-finished
publications without invoices or proof showing legal origin, with the quantity
of from 50 to fewer than 100 copies for each publication title.
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a) Releasing publications without invoices or
proof showing legal origin or illegally distributing publications to foreign
countries in the territory of Vietnam with quantity of from 100 to fewer than
300 copies for each publication title;
b) Releasing publications without a certificate
of publication release registration by a competent authority or while the
release facility fails to satisfy the operating conditions;
c) Archiving finished products or semi-finished
publications without invoices or proof showing legal origin, with the quantity
of from 100 to fewer than 300 copies for each publication title.
4. A fine from VND 15,000,000 to VND 20,000,000
for the action below:
a) Archiving or releasing illegally imported
publications with a quantity of fewer than 100 copies for each publication
title;
b) Archiving or releasing publications which
have been suspended from release, recalled, confiscated, banned from
circulation, or destroyed with quantity of fewer than 100 copies, for each
publication title;
c) Releasing publications without invoices or
proof showing legal origin or illegally distributing publications to foreign
countries in the territory of Vietnam with quantity of from 300 to fewer than
500 copies for each publication title;
d) Hold fair and exhibition of publications that
do not correspond to the permit.
dd) Failure to inspect and assess the contents
of the publication before being displayed, introduced or released at an
exhibition or fair;
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g) Archiving finished products or semi-finished
publications without invoices or proof showing legal origin, with the quantity
of from 300 to fewer than 500 copies for each publication title.
5. A fine from VND 30,000,000 to VND 50,000,000
for the action below:
a) Releasing publications without invoices or
proof showing legal origin or illegally releasing publications printed under
the outsourcing agreement with the foreign country in the territory of Vietnam
with quantity of fewer than 500 copies for each publication title;
b) Archiving or releasing publications which
have been suspended from release, recalled, confiscated, banned from
circulation, or destroyed with quantity of from 100 to fewer than 300 copies,
for each publication title;
c) Archiving or releasing illegally imported
publications with a quantity of from 100 to fewer than 300 copies for each
publication title;
d) Hold fair and exhibition of publications in
Vietnam but not licensed by the authority in charge of publishing activities;
dd) Archiving finished products or semi-finished
publications without invoices or proof showing legal origin, with the quantity
of 500 copies or more for each publication title.
6. A fine from VND 50,000,000 to VND 70,000,000
for the action below:
a) Archiving or releasing illegally imported
publications with a quantity of from 300 to fewer than 500 copies for each
publication title;
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7. Additional penalties:
Suspend the license for import of publications
or suspend the operation for 01 to 03 months for the action prescribed in
clause 6 of this Article.
8. Recovery method:
a) Must recall the publication, for the action
specified in point b clause 1 of this Article;
b) Must destroy publications, for the actions
specified at points a and c, clause 1; points a and d, clause 2; points a and
c, clause 3; points a, b, c, e and g clause 4; points a, b, c and dd of clause
5; clause 6 of this Article;
c) Must return the illegal benefits gained from
the administrative violations specified at points a and b, clause 1; point a of
clause 2; point a of clause 3; points a, b and c, clause 4; points a, b and c,
clause 5; clause 6 of this Article.
Article 30. Violations in
publication import and export
1. A fine from VND 5,000,000 to VND 10,000,000
for the action below:
a) Failure to request the competent authority to
reissue the license to import publications in case of loss or damage;
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c) Assessing the contents of imported
publications before being released but failure to ensure adequate procedures
are followed as prescribed;
d) Failure to report the results of assessment
of contents of imported publications to the competent authority;
dd) Failure to comply with the contents of the
license for import of non-commercial publications.
2. A fine from VND 10,000,000 to VND 20,000,000
for the action below:
a) Importing non-commercial publications without
an import license, except for cases where the license is not required;
b) Failure to re-export for publication imported
as materials for international seminars which allowed to organized in Vietnam
or publication belong to institution, family and individual that are used
privately after it has been used (publicly);
c) Failure to assess the content of imported
publication for commercial purpose before the release, for each publication;
d) Importing publications for commercial purpose
without a certification of import registration by a competent authority, for
each publication.
3. A fine from VND 20,000,000 to VND 30,000,000
for the action below:
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b) Selling imported publications of the type of
non-commercial use for each publication title;
c) Releasing imported publications without the
consent of the agency that requests the assessment of the contents of imported
publications for each publication.
4. A fine from VND 30,000,000 to VND 50,000,000
for the action below:
a) Doing business in importing publications
without a license;
b) Exporting the publication that has been
illegally published or printed, the publication subject to printing or release
suspension, ban from circulation, revocation, recall, destruction, publication
with prohibited content.
5. Recovery method:
a) Must recall the publications, for the actions
specified in point c clause 2 and point b clause 3 of this Article;
b) Must re-export the publication, for the
action specified in point a and b clause 2 of this Article;
c) Must destroy the publication, for action
mentioned in clause 4 this Article;
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Article 31. Violations in requirements
for electronic publishing and release of electronic publications
1. A fine from VND 10,000,000 to VND 20,000,000
for the action below:
a) Doing electronic publishing or releasing
electronic publications but failure to ensure sufficient capacity in terms of
equipment, technology and technical human resources to administer and manage
the electronic publishing process;
b) Failure to take technical measures as
prescribed to prevent illegal copying or interference of the contents of an
electronic publication;
c) Doing electronic publishing or releasing
electronic publications on the Internet without having a Vietnamese internet
domain name;
d) Releasing an electronic publication without a
legal document proving the consent of the copyright owner for each publication
title;
dd) Failure to take technical measures to
prevent interference with the publication's contents or failure to remove the
illegal publication at the request of the competent authority;
e) Releasing an electronic publication in
contravention of the approved complete manuscript content or issuing a
publishing license for each publication title.
2. A fine from VND 30,000,000 to VND 50,000,000
for the action below:
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b) Supplementing information that the users of
electronic publications do not request, except for information permitted by law
or with the consent of the publishing authority;
c) Illegally interfering with the content or
form of an electronic publication to falsify the contents or committing illegal
acts on each publication title;
d) Failure to comply with requests of the
competent authority to stop publishing or releasing electronic publications or
to remove or prevent users from accessing a part of the content or the whole
publication that shows signs of violation of law;
dd) Releasing electronic publications without
confirmation of registration of release of electronic publications by the
competent authority.
3. A fine from VND 100,000,000 to VND
200,000,000 for the action below:
a) Releasing on the electronic devices the
publication subject to decision on release suspension, recall, ban from
circulation, or destruction of the publication title;
b) Doing electronic publishing without a written
confirmation of operation registration by the competent authority.
4. Additional penalties:
Suspend the electronic release for 01 to 03
months for the action mentioned in clause 3 of this Article.
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Must remove the electronic publications, for the
actions specified at point e, clause 1; points b, d and dd clause 2; clause 3
of this Article.
Article 32. Violations in
responsibility and obligation to provide information and reports on publishing
activities
1. A fine from VND 3,000,000 to VND 5,000,000
for declaring, registering, reporting or explaining with contents, time limit
or accuracy in contravention with those required by the competent authority.
2. A fine from VND 5,000,000 to VND 10,000,000
for the action below:
a) Failure to make periodic reports as
prescribed;
b) Failure to report to the competent authority
the list of publication titles that have been issued with the publication
registration numbers but have not been published.
3. A fine from VND 10,000,000 to VND 20,000,000
for the action below:
a) Failure to report to the competent authority
when detecting the publication with banned contents in publishing activities;
b) Failure to make a report or give explanations
at the request of the competent authority.
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POWER TO MAKE
ADMINISTRATIVE OFFENSE REPORTS AND IMPOSE ADMINISTRATIVE PENALTIES
Article 33. The power to
impose penalties for administrative violations of inspectors and persons appointed
as specialized inspectors in the field of information and communications
Specialized inspectors and agencies appointed as
specialized inspectors in the field of information and communications have the
power to impose penalties for administrative violations in the journalistic
activities and publishing activities as specified in Chapter II and Chapter III
of this Decree, particularly in clauses 1, 2, 3 and 4 of this Article.
1. Inspectors and persons appointed as
specialized inspectors in the field of information and communications in the
performance of their duty are entitled to:
a) Issue warnings;
b) Impose fines of up to VND 1,000,000;
c) Confiscate the exhibits and means of
administrative violations worth up to VND 1,000,000;
d) Enforce the remedial measures mentioned in
point n clause 3 Article 3 of this Decree.
2. The Chief Inspector of the Department of
Information and Communications, the Chief of inspectorates of information and
communication at province level, the Chief of inspectorates of Press
Department, Department of Radio and Television and Electronic Information,
Department of Publishing, Printing and Release are entitled to:
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b) Impose fines of up to VND 100,000,000;
c) Suspend the license, the practicing
certificate, or the operation;
d) Confiscate the exhibits and means of
administrative violations worth up to VND 100,000,000;
dd) Enforce the remedial measures mentioned in
clause 3 Article 3 of this Decree.
3. The Chief of specialized inspectorate teams
of the Ministry of Information and Communications is entitled to:
a) Issue warnings;
b) Impose fines of up to VND 140,000,000;
c) Suspend the license, the practicing
certificate, or the operation;
d) Confiscate the exhibits and means of
administrative violations worth up to VND 140,000,000;
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4. The Chief Inspector of the Ministry of
Information and Communications, the Director of Department of Press Department,
Department of Radio and Television and Electronic Information, Department of
Publishing, Printing and Release are entitled to:
a) Issue warnings;
b) Impose fines of up to VND 200,000,000;
c) Suspend the license, the practicing
certificate, or the operation;
d) Confiscate the exhibits and means of
administrative violations;
dd) Enforce the remedial measures mentioned in
clause 3 Article 3 of this Decree.
Article 34. The power to
impose penalties for administrative violations of diplomatic inspectors
The Chief Inspector of the Ministry of Foreign
Affairs has the power to impose penalties for administrative violations in
journalistic activities for the actions specified at point a clause 2; points
c, e and g clause 3 Article 5; point b, clause 1, Article 6 of this Decree and
in accordance with the assigned functions, tasks and powers. In specific:
1. Issue warnings.
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3. Suspend the license, the definite-term
practicing certificate, or the operation.
4. Confiscate the exhibits and means of
administrative violations.
Article 35. The power to
impose penalties for administrative violations of the Border guard
Those competent to impose penalties for
administrative violations of the Border guard have the power to impose
penalties for administrative violations in journalistic and publishing
activities for the actions specified at points a and b clause 1, points a and c
clause 2 Article 6; point b clause 1 and point a clause 2 Article 13; Article
15; point a clause 1, point a clause 2, point a clause 3, points a, b and c
clause 4, points a, b and c clause 5 and clause 6 Article 29; points a and d,
clause 2, and clause 4, Article 30 of this Decree and suitable to the assigned
functions, tasks and powers. In specific:
1. Team leaders and chiefs of border guard are
entitled to impose fines of up to VND 5,000,000.
2. Captains of border guard stations, leaders of
coastal guard teams, commanders of border guard at checkpoints and commanders
of border guard at harbor checkpoints are entitled to:
a) Impose fines of up to VND 40,000,000;
b) Confiscate the illegal items, the value of
which must not exceed the amount mentioned in Point a of this Clause;
c) Apply remedial measures specified in points
c, dd, e, g, h, i, k, l, n, o, p and q clause 3 Article 3 of this Decree.
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a) Impose fines of up to VND 200,000,000;
b) Suspend the license, the definite-term
practicing certificate, or the operation;
c) Confiscate the exhibits and means of
administrative violations;
d) Apply remedial measures specified in points
c, d, dd, e, g, h, i, k, l, n, o, p and q clause 3 Article 3 of this Decree.
Article 36. The power to
impose penalties for administrative violations of the Coastguard
Those competent to impose penalties for
administrative violations of the Coastguard have the power to impose penalties
for administrative violations in journalistic and publishing activities for the
actions specified at points a and b clause 1, points a and c clause 2 Article
6; point b clause 1 and point a clause 2 Article 13; Article 15; point a clause
1, point a clause 2, point a clause 3, points a, b and c clause 4, points a, b
and c clause 5 and clause 6 Article 29; points a and d, clause 2, and clause 4,
Article 30 of this Decree and suitable to the assigned functions, tasks and
powers. In specific:
1. Coastguard officers in the performance of
their duty are entitled to impose a fine of up to VND 3,000,000.
2. Coastguard team leaders are entitled to
impose a fine of up to VND 10,000,000.
3. Coastguard squad leaders and captains of
coastguard stations are entitled to:
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b) Enforce the remedial measures mentioned in
point n clause 3 Article 3 of this Decree.
4. Commanders of coastguard platoons are
entitled to:
a) Impose fines of up to VND 40,000,000;
b) Confiscate the illegal items, the value of
which must not exceed the amount mentioned in Point a of this Clause;
c) Apply remedial measures specified in points
c, dd, e, g, h, i, k, l, n, m, o, p and q clause 3 Article 3 of this Decree.
5. Commanders of coastguard fleets are entitled
to:
a) Impose fines of up to VND 60,000,000;
b) Confiscate the illegal items, the value of
which must not exceed the amount mentioned in Point a of this Clause;
c) Apply remedial measures specified in points
c, dd, e, g, h, i, k, l, n, m, o, p and q clause 3 Article 3 of this Decree.
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a) Impose fines of up to VND 100,000,000;
b) Confiscate the illegal items, the value of
which must not exceed the amount mentioned in Point a of this Clause;
c) Apply remedial measures specified in points
c, dd, e, g, h, i, k, l, n, m, o, p and q clause 3 Article 3 of this Decree.
7. Commander of Coastguard Headquarters is
entitled to:
a) Impose fines of up to VND 200,000,000;
b) Suspend the license, the definite-term
practicing certificate, or the operation;
c) Confiscate the exhibits and means of
administrative violations;
d) Apply remedial measures specified in points
c, dd, e, g, h, i, k, l, n, m, o, p and q clause 3 Article 3 of this Decree.
Article 37. The power to
impose penalties for administrative violations of the customs
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1. Team leaders of Sub-department of Customs and
Sub-departments of Post-Clearance Inspection are entitled to:
a) Issue warnings;
b) Impose fines of up to VND 10,000,000;
2. Directors of Sub-departments of Customs, Sub-departments
of Post-Clearance Inspection, team leaders of Provincial Customs Departments,
smuggling prevention team leaders, leaders of customs control teams at sea and
leaders of intellectual property right protection teams of the Smuggling
Investigation and Prevention Department of the General Department of Customs
are entitled to:
a) Impose fines of up to VND 50,000,000;
b) Confiscate the illegal items, the value of
which must not exceed the amount mentioned in Point a of this Clause;
c) Apply remedial measures specified in points
c, d, dd, e, g, h, i, k, l, n, m, o, p and q clause 3 Article 3 of this Decree.
3. Director of the Smuggling Investigation
Department, Director of the Post-clearance Inspection Department affiliated to
the General Department of Customs, Director of Provincial Customs Departments
are entitled to:
a) Impose fines of up to VND 100,000,000;
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c) Confiscate the exhibits of administrative
violations, the value of which must not exceed the amount mentioned in Point a
of this Clause;
d) Apply remedial measures specified in points
c, d, dd, e, g, h, i, k, l, n, m, o, p and q clause 3 Article 3 of this Decree.
4. The Director of the General Department of Customs
is entitled to:
a) Impose fines of up to VND 200,000,000;
b) Confiscate the exhibits and means of
administrative violations;
c) Apply remedial measures specified in points
c, d, dd, e, g, h, i, k, l, n, m, o, p and q clause 3 Article 3 of this Decree.
Article 38. The power to
impose penalties for administrative violations of market surveillance
authorities
Those competent to impose penalties for
administrative violations of market surveillance authorities have the power to
impose penalties for administrative violations in journalistic and publishing
activities for the actions specified in point b, Clause. 1 and a, clause 2,
Article 13; Article 28; Article 29; clause 2, point b and point c clause 3,
point a clause 4 Article 30; Article 31 of this Decree and suitable for the
assigned functions, tasks and powers. In specific:
1. Leaders of market surveillance teams are
entitled to:
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b) Confiscate the illegal items, the value of
which must not exceed the amount mentioned in Point a of this Clause;
c) Apply remedial measures specified in points
a, b, c, d, dd, e, g, h, i, k, l, n, o, p and q clause 3 Article 3 of this
Decree.
2. Director of Market Surveillance Agency of
province, Director of Market Management Department is entitled to:
a) Impose fines of up to VND 100,000,000;
b) Confiscate the illegal items, the value of
which must not exceed the amount mentioned in Point a of this Clause;
c) Suspend the license, the practicing
certificate, or the operation;
d) Enforce the remedial measures mentioned in
clause 3 Article 3 of this Decree.
3. Director of General Department of Market
Surveillance Agency is entitled to:
a) Impose fines of up to VND 200,000,000;
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c) Suspend the license, the practicing
certificate, or the operation;
d) Enforce the remedial measures mentioned in
clause 3 Article 3 of this Decree.
Article 39. The power to impose
penalties for administrative violations of the People’s Public Security
Those competent to impose penalties for
administrative violations of the people’s public security have the power to
impose penalties for administrative violations in journalistic and publishing
activities for the actions specified at point a, clause 1, clause 2 and clause
3 of Article 6; Article 7; point a, clause 1, Article 9; Article 11; clause 1
and point a clause 2 Article 13; Article 15; Article 16; points a, c, e and g clause
1, points b, c, d and dd clause 2, clauses 3, 4, 5 and 6 of Article 20;
clause 3 of Article 21; Chapter III of this Decree, specifically according to
the provisions of clauses 1, 2, 3, 4 and 5 of this Article and in conformity
with the functions, tasks and powers of the People's Public Security force. In
specific:
1. Team leaders and chiefs of the People's
Public Security are entitled to:
a) Issue warnings;
b) Impose fines of up to VND 3,000,000.
2. Communal-level police chiefs, heads of police
stations, heads of police stations at border gates and export processing zones
are entitled to:
a) Issue warnings;
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c) Confiscate the exhibits and means of
administrative violations, the value of which must not exceed the amount
mentioned in Point b of this Clause;
d) Enforce the remedial measures mentioned in
point n clause 3 Article 3 of this Decree.
3. District-level Police Heads, Provincial-level
Public Security Heads include: Chief of Police Department of
Investigation of Crime In Corruption, Economics, Smuggling, Chief of Police
Department of Investigation of Crime of Social Order, Head of Division Police
in Administrative Management of Social Order, Head of Economic Security
Division, Head of Internal Political Security Division, Head of Cyber
Security and High-Tech Crime Prevention and Control Division, Chief of Police
Traffic Division, Chief of Division of Road or Railway Traffic Police and Chief
of Waterway Traffic Police Division are entitled to:
a) Issue warnings;
b) Impose fines of up to VND 40,000,000;
c) Confiscate the exhibits of administrative
violations, the value of which must not exceed the amount mentioned in Point a
of this Clause;
d) Suspend the license, the definite-term
practicing certificate, or the operation;
dd) Apply remedial measures specified in points
c, dd, e, g, h, i, k, l, n, o, p and q clause 3 Article 3 of this Decree.
4. Director of Police of province is entitled
to:
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b) Confiscate the illegal items, the value of
which must not exceed the amount mentioned in Point a of this Clause;
c) Suspend the license, the practicing
certificate, or the operation;
d) Apply remedial measures specified in points
c, d, dd, e, g, h, i, k, l, n, o, p and q clause 3 Article 3 of this Decree.
5. Director of Department of Cyber Security
and High-tech Crime Prevention and Control, Director of Police Department for
Investigation of Crime of Social Order, Director of Police Department of
Investigation of Crime in Economic Corruption and Smuggling, the Director of
the Police Administration of Social Order, the Director of the Drug-related
Crime Investigation Police, the Director of the Internal Political Security
Department, the Director of the Economic Security Bureau are entitled to:
a) Impose fines of up to VND 200,000,000;
b) Confiscate the exhibits and means of
administrative violations;
c) Suspend the license, the practicing
certificate, or the operation;
d) Apply remedial measures specified in points
c, d, dd, e, g, h, i, k, l, n, o, p and q clause 3 Article 3 of this Decree.
Article 40. The power to
impose penalties of the President of People’s Committee
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1. The President of People’s Committee of
commune is entitled to:
a) Issue warnings;
b) Impose fines of up to VND 10,000,000;
c) Confiscate the exhibits and means of
administrative violations, the value of which must not exceed the amount
mentioned in Point b of this Clause;
d) Enforce the remedial measures mentioned in
point n clause 3 Article 3 of this Decree.
2. The President of People’s Committee of
district is entitled to:
a) Issue warnings;
b) Impose fines of up to VND 100,000,000;
c) Suspend the license, the practicing
certificate, or the operation;
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dd) Apply remedial measures mentioned in Article
3 of this Decree, except for the remedial measures specified in points a, b, c,
d, dd, e, g, h, i, k, l, n, o, p and q clause 3 Article 3 of this Decree.
3. The President of People’s Committee of
province is entitled to:
a) Issue warnings;
b) Impose fines of up to VND 200,000,000;
c) Suspend the license, the practicing
certificate, or the operation;
d) Confiscate the exhibits and means of
administrative violations;
dd) Enforce the remedial measures mentioned in
clause 3 Article 3 of this Decree.
Article 41. The power to
make an administrative offense reports
1. Those holding titles specified in Articles
33, 34, 35, 36, 37, 38, 39 and 40 of this Decree and officials and public
employees on official duty when detecting acts of administrative violations in
journalistic and publishing activities are entitled to make administrative
offense reports according to regulations.
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Chapter V
IMPLEMENTATION
Article 42. Entry into
force
1. This Decree comes into force as of December
1, 2020.
2. This Decree replaces the Government's Decree
No. 159/2013/ND-CP dated November 12, 2013, providing for the penalties for
administrative violations in journalistic and publishing activities, except for
the case specified in Article 43 this Decree.
Article 43. Grandfather
clause
Methods, fine amounts, remedial measures, power
to make administrative offense reports and impose penalties for administrative
violations in printing products other than publications specified at point a
and point b clause 1, point b and point dd clause 2, point b clause 3, point a
and point c clause 4, point a clause 5, clause 6 (for point d, only applicable
to acts of printing labels and packages but not having a sample certified by
the manufacturer), clauses 8, 9 and 10 of Article 24; Article 26 of the
Government's Decree No. 159/2013/ND-CP dated November 12, 2013, stipulating the
penalties for administrative violations in journalistic and publishing
activities shall continue to apply until there are new regulations replaced.
Article 44. Implementation
1. The Minister of Information and
Communications is responsible for organizing the implementation of this Decree.
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ON BEHALF OF
THE GOVERNMENT
THE PRIMERIME MINISTER
Nguyen Xuan Phuc