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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom - Happiness
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No.
56/2006/ND-CP
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Hanoi,
June 06, 2006
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DECREE
ON
SANCTIONING ADMINISTRATIVE VIOLATIONS IN CULTURAL AND INFORMATION ACTIVITIES
THE
GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization
of the Government;
Pursuant to the June 14, 2005 Civil Code;
Pursuant to the December 28, 1989 Press Law and the June 12, 1999 Law Amending
and Supplementing a Number of Articles of the Press Law;
Pursuant to the June 29, 2001 Cultural Heritage Law;
Pursuant to the December 3, 2004 Publishing Law;
Pursuant to the November 29, 2005 Intellectual Property Law;
Pursuant to the December 28, 2000 Library Ordinance;
Pursuant to the November 16, 2001 Advertisement Ordinance;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative
Violations;
At the proposal of the Minister of Culture and Information,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation
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2. Administrative violations in cultural and information
domains defined in this Decree include acts of violating state management
regulations in press activities; publishing activities; cinematography;
performing arts; public cultural activities and cultural services; fine arts,
cultural, art and photo exhibitions; copyright of literary and art works and
related rights; advertisement, writing and placement of signboards; cultural
heritage; library; cultural and art works; import and export of cultural
products; and publicization and dissemination of works to foreign countries.
3. For administrative violations in press, publishing,
cinematographic activities, the export of cultural products with contents
disclosing state secrets, the provisions of law on sanctions against
administrative violations related to security and order shall apply.
Article 2.- Subjects of
application
1. Vietnamese individuals and organizations committing
administrative violations in the cultural and information domains shall all be
sanctioned under the provisions of this Decree and other relevant provisions of
law on the sanctioning of administrative violations.
2. Foreign individuals and organizations committing
administrative violations in the culture and information domains in the
Vietnamese territory shall be sanctioned like Vietnamese individuals and
organizations, except otherwise provided for by treaties to which Vietnam
is a contracting party.
3. Minors committing administrative violations in the
culture and information domains shall be sanctioned under the provisions of
Article 7 of the Ordinance on Handling of Administrative Violations.
Article 3.- Statute of limitations
for sanctioning
1. The statute of limitations for sanctioning
administrative violations in press activities; cinematographic activities;
performing arts; public cultural activities and cultural services; fine arts,
cultural art and photo exhibitions; advertisement, writing and placement of
signboards; cultural heritage; and library shall be one year counting from the
date the administrative violation is committed.
2. The statute of limitations for sanctioning
administrative violations in publishing activities, import and export of
cultural products, and copyright shall be two years counting from the date the
administrative violation is committed.
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4. Individuals against whom criminal cases had been
instituted, who had been prosecuted or against whom decisions on bringing their
cases to trial had been issued according to criminal procedures but who later
got decisions on stopping the investigation or the cases, shall be
administratively sanctioned if their acts show signs of administrative
violation; the statute of limitations for sanctioning such administrative
violations shall be three months counting from the date the persons with
sanctioning competence receive the stoppage decision and the dossier of the
violation.
5. Within the time limits stated in Clauses 1 and 2 of
this Article, if individuals or organizations commit new administrative
violations or deliberately evade or obstruct the sanctioning, the statute of
limitations stated in Clauses 1 or 2 of this Article shall not apply. The
statute of limitations for sanctioning administrative violations shall be
recounted from the time the new administrative violations are committed or the
time the acts of evading or obstructing the sanctioning terminate.
Article 4.- Sanctioning principles
1. Individuals and organizations shall only be
administratively sanctioned when they commit administrative violations
prescribed by law. Upon detecting acts of administrative violation, the persons
with sanctioning competence shall have to order the immediate stop of such acts.
The sanctioning must be carried out in a prompt, just, enlightened and absolute
manner strictly according to law. All consequences caused by administrative
violations must be overcome strictly according to law.
2. An act of administrative violation shall be sanctioned
only once; a person committing many acts of administrative violation shall be
sanctioned for every committed act; if many persons jointly commit an act of
administrative violation, each of the violators shall be sanctioned.
3. The sanctioning of administrative violations shall be
based on the nature and severity of violations, the personal details of
violators and the extenuating as well as aggravating circumstances so as to
decide on principal sanctions, additional sanctions and remedies prescribed in
this Decree.
4. Persons competent to sanction administrative violations
in the culture and information domains shall impose sanctions strictly
according to their competence; for violations which go beyond their sanctioning
competence and violations which show criminal signs, the agencies or persons
handling them shall have to make records thereon, then transfer the records as
well as other relevant documents and material evidences and means employed in
the violations to agencies with competence to sanction such administrative
violations or competent penal agencies for settlement.
5. Sanctions shall not be imposed for administrative
violations committed in cases of urgent circumstances, unexpected events or for
administrative violations committed by persons suffering from mental disease or
other ailments which have deprived them of their capability to cognize or
control their acts.
Article 5.- Application of
sanctioning forms and remedies
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2. When imposing a fine, the specific fine level for an
act of administrative violation shall be the average level of the fine bracket
prescribed for such act; if the violation involves extenuating circumstances,
the fine level may be lower than the average level, but shall not be lower than
the minimum level of the fine bracket; if the violation involves aggravating
circumstances, the fine level may be higher than the average level but shall
not exceed the maximum level of the fine bracket.
Extenuating and aggravating circumstances shall comply
with the provisions of Articles 8 and 9 of the Ordinance on Handling of
Administrative Violations.
3. Additional sanctioning forms and other remedies
prescribed in this Decree may only be applied together with the principal
sanctioning forms in order to thoroughly handle violations, do away with the
causes and conditions for recidivism and overcome all consequences caused by
administrative violations.
Chapter II
ACTS OF ADMINISTRATIVE VIOLATION IN CULTURAL-
INFORMATION ACTIVITIES, SANCTIONING FORMS AND LEVELS
Section 1. ACTS OF VIOLATION IN THE
PRESS DOMAIN, SANCTIONING FORMS AND LEVELS
Article 6.- Administrative
violations in the press domain
Acts of violation in the press domain include acts of
violating regulations in press activities (printed, audio, visual and
electronic press), pay television, publishing of special issues, bulletins,
documents, leaflets, circulation of press releases, display of news on
electronic screens, supply of information, creation of Internet websites, and
activities related to the reception of television programs directly from
satellite (TVRO).
Article 7.- Violations of
regulations on press permits
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a/ Modifying, erasing permits;
b/ Failing to abide by the provisions of permits;
c/ Relocating the press agency’s head office without
notifying the state management agency in charge of press thereof.
2. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for acts of publishing bulletins, documents or leaflets without permit.
3. A fine of between VND 10,000,000 and 20,000,000
shall be imposed for one of the following acts:
a/ Circulating press releases, displaying news on
electronic screens, creating Internet websites or installing TVRO equipment
without permit as prescribed;
b/ Publishing special issues, supplements, specialized
issues, launching additional channels or increasing pages or adding programs
without permit;
c/ Providing Internet information services without permit.
4. A fine of between VND 20,000,000 and 30,000,000 shall
be imposed for publishing printed or electronic newspapers or broadcasting
radio or television programs without press licenses as prescribed.
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a/ Stripping of the right to use permits for between 90 days
and 180 days, for acts specified at Point a, Clause 1 of this Article;
b/ Confiscating material evidences and means used in the
violations, for acts specified at Point b, Clause 3; and in Clause 4 of this
Article.
Article 8.- Violations of
regulations on press layouts
1. A fine of between VND 500,000 and 1,500,000 shall be
imposed for one of the following acts:
a/ Failing to display fully or correctly the contents
according to regulations on press layouts;
b/ Presenting page 1 of newspapers, the front cover of
magazines, special issues, bulletins, documents or leaflets in a way
inappropriate to their contents;
c/ Making illustrations and headlines irrelevant to the
information contents, thus making readers misunderstand the information
contents.
2. Form of additional sanction:
Confiscating press products, for acts specified at Points
b and c, Clause 1 of this Article, when serious consequences are caused.
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1. A fine of between VND 1,000,000 and 2,000,000 shall be
imposed for one of the following acts:
a/ Making corrections not in accordance with regulations
on position, space, time volume and letter sizes of corrections;
b/ Failing to abide by regulations on carrying statements
of organizations and/or individuals related to press articles.
2. A fine of between VND 2,000,000 and 3,000,000 shall be
imposed for making corrections not according to regulations on the time
for making correction.
3. A fine of between VND 3,000,000 and 5,000,000 shall be
imposed for one of the following acts:
a/ Failing to make corrections according to regulations;
b/ Failing to publish or broadcast conclusions of
competent state agencies on incorrect press information.
4. Remedies:
a/ Forced correction, for acts specified at Point a,
Clause 3 of this Article;
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Article 10.- Violations of
regulations on information contents
1. A fine of between VND 1,000,000 and 3,000,000 shall be
imposed for one of the following acts:
a/ Disclosing personal secrets without the consent of
concerned persons or their relatives, unless otherwise provided for by law;
b/ Publicizing individuals’ private documents or mails
without the consent of the lawful owners of such documents or mails, unless
otherwise provided for by law;
c/ Publishing or broadcasting individuals’ photos without
the consent of such individuals or their relatives, except for cases of seeking
relatives of victims, photos of persons against whom criminal cases have been
instituted or who are serving prison sentences, and photos of collectives’
activities;
d/ Failing to report or explain information contents to
the state management agency in charge of press or failing to do so within the
prescribed time limit.
2. A fine of between VND 3,000,000 and 5,000,000 shall be
imposed for one of the following acts:
a/ Carrying false information, thus causing bad but not
serious impacts;
b/ Carrying information on mystical stories without citing
their reference source.
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a/ Describing in detail obscene actions, horrible killings
in news reports, articles or photos;
b/ Publishing or broadcasting pornographic pictures,
anti-aesthetic nude, naked body pictures, which are unsuitable to the fine
traditions and customs of Vietnam;
c/ Propagating bad or superstitious customs and practices.
4. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for carrying false information, thus causing serious impacts.
5. A fine of between VND 20,000,000 and 30,000,000 shall
be imposed for one of the following acts:
a/ Publishing or broadcasting information not permitted for
dissemination, which is not serious enough for penal liability examination;
b/ Publishing or broadcasting works subject to circulation
ban or confiscation decisions.
6. Forms of additional sanction:
a/ Confiscating press products, material evidences and
means used in the violations, for acts specified in Clauses 2, 3, 4 and 5 of
this Article;
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c/ Striping of the right to use licenses for between 90
and 180 days, for acts specified in Clause 5 of this Article.
7. Remedy:
Forced correction and apology, for acts specified in
Clauses 1, 2 and 4 of this Article.
Article 11.- Violations of
regulations on provision of information for the press and use of information by
press agencies
1. A fine of between VND 1,000,000 and 2,000,000 shall be
imposed for acts of violating regulations on organizations’ and citizens’ right
to provide information to the press as provided for in Clause 2, Article 4; and
in Article 7 of the Press Law.
2. A fine of between VND 3,000,000 and 7,000,000 shall be
imposed for one of the following acts:
a/ Press agencies arbitrarily adding, truncating or
wrongly presenting the opinions of their interviewees;
b/ Press agencies or journalists failing to respond to
interviewees’ request to review the contents of the interviews before they are
published or broadcast;
c/ Press agencies adding, truncating or distorting the
contents of written conclusions of competent state agencies on given cases or
matters when publishing or broadcasting them.
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1. A fine of between VND 500,000 and 2,000,000 shall be
imposed for one of the following acts:
a/ Lending press cards to other persons for carrying out
press activities;
b/ Using press cards of others for carrying out press
activities;
c/ Using press cards not in accordance with the assigned
tasks.
2. A fine of between VND 3,000,000 and 6,000,000 shall be
imposed for abusing the journalist’s capacity to illegally interfere in or
obstruct lawful activities of agencies, organizations or individuals.
3. A fine of between VND 3,000,000 and 7,000,000 shall be
imposed for one of the following acts:
a/ Hurting the honor and dignity of journalists or
obstructing lawful professional activities of journalists;
b/ Destroying equipment and means used by journalists in
their professional activities.
4. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for acts of threatening or intimidating journalists’ lives.
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Stripping of the right to use press cards indefinitely,
for acts specified in Clause 2 of this Article.
Article 13.- Violations of
regulations on press meetings
1. A fine of between VND 3,000,000 and 5,000,000 shall be
imposed for holding press meetings without sending prior notices in writing to
the state management agency in charge of the press or with such notices made not
in accordance with regulations.
2. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for holding press meetings with contents in violation of the provisions
of Clause 4, Article 10 of the Press Law.
3. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for one of the following acts:
a/ Holding press meetings without the approval of the
state management agency in charge of the press or in spite of a cancellation
order;
b/ Holding press meetings with contents violating the provisions
of Clauses 1, 2 and 3, Article 10 of the Press Law.
Article 14.- Violations of
regulations on deposit of press products
1. A fine of between VND 500,000 and 1,500,000 shall be
imposed for failing to deposit press products according to regulations on
deposit places, time, quantity or procedures.
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3. Remedy:
Forced deposit of press products strictly according to the
provisions of law for acts specified in Clauses 1 and 2 of this Article.
Article 15.- Violations of
regulations on circulation of press products
1. A fine of between VND 1,000,000 and 2,000,000 shall be
imposed for failing to print selling prices on press products.
2. A fine of between VND 2,000,000 and 5,000,000 shall be
imposed for obstructing the lawful distribution of press products or for
selling illegally imported press products.
3. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for distributing press products without publishing permit.
4. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for distributing press products not permitted for circulation or
subject to withdrawal, confiscation or circulation ban decisions.
5. Form of additional sanction:
Confiscating material evidences and means used in the
violations, for acts specified in Clauses 3 and 4 of this Article.
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1. A fine of between VND 3,000,000 and 5,000,000 shall be
imposed for one of the following acts:
a/ Modifying, erasing registration certificates;
b/ Failing to comply with the provisions of registration
certificates and other provisions of law on activities related to the reception
of television programs from satellite;
c/ Trading in illegally imported TVRO equipment.
2. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for supplying or distributing decoding sets of foreign television
programs, dealing in the installation or repair of TVRO equipment without
registration certificates granted by competent state agencies.
3. Forms of additional sanction:
a/ Striping of the right to use registration certificates
indefinitely, for acts specified in Clause 1 of this Article;
b/ Confiscating press material evidences and means used in
the violations for acts specified at Point c, Clause 1; and in Clause 2 of this
Article.
Article 17.- Violations of
regulations on access to, management and provision of information on the
computerized information network (Internet)
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a/ Accessing harmful information or pictures on the
computerized information network;
b/ Failing to post operation rules at Internet agents.
2. A fine of between VND 1,000,000 and 3,000,000 shall be
imposed for letting customers access harmful information on the computerized
information network.
3. A fine of between VND 3,000,000 and 10,000,000 shall be
imposed for one of the following acts:
a/ Disseminating harmful information and pictures from the
computerized information network to outside;
b/ Posting harmful information and pictures on the
computerized information network, causing consequences which are not serious;
c/ Posting on the computerized information network
publications not yet permitted for circulation;
d/ Storing harmful information and pictures on computers
at Internet agents.
4. A fine of between VND 10,000,000 and 25,000,000 shall
be imposed for posting harmful information and pictures on the computerized
information network, causing serious consequences.
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a/ Confiscating material evidences in the violations, for
acts specified at Points a and d, Clause 3; and in Clause 4 of this Article;
b/ Striping of the right to use permits for between 90 and
180 days, for acts specified at Point b, Clause 3; and in Clause 4 of this
Article.
Section 2. ACTS OF VIOLATION IN THE
PUBLISHING DOMAIN, SANCTIONING FORMS AND LEVELS
Article 18.- Violations of
regulations on presentation and illustration of publications
1. A fine of between VND 2,000,000 and 5,000,000 shall be
imposed for one of the following acts:
a/ Writing insufficiently or improperly information which
is required to be shown on publications;
b/ Presenting the cover pages of publications or making
illustrations inappropriately with the contents of publications.
2. Form of additional sanction:
Confiscating material evidences in the violations, for
acts specified at Point b, Clause 1 of this Article, if serious consequences
are caused.
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1. A fine of between VND 2,000,000 and 5,000,000 shall be
imposed for one of the following acts:
a/ Obstructing the lawful distribution of publications;
b/ Selling illegally published or imported books,
newspapers, paintings, pictures, calendars or leasing such books;
c/ Selling books, paintings, pictures or calendars with
superstitious contents;
d/ Illegally stockpiling between 50 and under 200 copies
of illegally printed or duplicated publications.
2. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for one of the following acts:
a/ Selling publications of not-for-sale or
for-internal-use kinds;
b/ Illegally stockpiling between 200 and under 500 copies
of illegally printed or duplicated publications;
c/ Selling books, paintings, pictures or calendars or
leasing books with contents propagating debauching, obscene lifestyles or
inciting violence.
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a/ Issuing or stockpiling for the purpose of circulation
publications not permitted for circulation or subject to withdrawal or
confiscation decisions;
b/ Selling books, newspapers, paintings, pictures and
calendars or leasing books subject to withdrawal, confiscation or circulation
ban decisions;
c/ Illegally stockpiling 500 copies or more of
illegally printed or duplicated publications;
d/ Selling or disseminating publications which have been
printed under contracts signed with foreign countries within the Vietnamese
territory;
e/ Holding exhibitions or fairs of publications without
permit or not according to the permitted contents.
4. Form of additional sanction:
Confiscating material evidences in the violations, for
acts specified at Points b, c and d, Clause 1; Points b and c, Clause 2; and in
Clause 3 of this Article.
Article 20.- Violations of
regulations on publishing permits
1. A fine of between VND 3,000,000 and 5,000,000 shall be
imposed for one of the following acts:
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b/ Modifying or erasing publishing permits or publishing
decisions.
2. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for one of the following acts:
a/ Failing to comply with the contents of the publishing
permit;
b/ Transferring a publishing permit in whatever forms;
c/ A publishing house publishing publications irrelevant
to its operation guidelines and objectives;
d/ Importing publications not on the import registration
list.
3. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for one of the following acts:
a/ Publishing publications without registering their
publishing plan;
b/ Publishing publications without publishing decisions of
the director of the publishing house;
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d/ Publishing publications subject to appraisal without
conducting appraisal;
e/ Importing publications for sale without publications
import business licenses;
f/ Importing publications for sale without registering
import plans with the state management agency in charge of publishing;
g/ Failing to comply with the provisions of Article 20 of
the Publishing Law on association in the publishing domain.
4. A fine of VND 30,000,000 shall be imposed for one of
the following acts:
a/ Establishing a publishing house without the permission
of a competent state agency;
b/ Foreign publishing houses or distribution organizations
opening representative offices in Vietnam without permit or operating such representative
offices not in accordance with the contents of their permits.
5. Forms of additional sanction:
a/ Confiscating material evidences in the violations, for
acts specified in Clauses 2 and 3 of this Article;
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Article 21.- Violations of
prohibitions on contents of publications
1. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for one of the following acts:
a/ Publishing publications with contents infringing upon
the honor or dignity or disclosing personal secrets of individuals without the
consent of such persons or their relatives, unless otherwise provided for by
law;
b/ Publishing publications with false contents;
c/ Publishing maps wrongly illustrating administrative
boundaries at any level.
2. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for one of the following acts:
a/ Publishing maps wrongly illustrating national
sovereignty;
b/ Publishing publications with contents propagating
debauching, obscene lifestyles, social vices or superstition, which undermine
fine customs and practices.
3. A fine of between VND 20,000,000 and 30,000,000 shall
be imposed for one of the following acts:
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b/ Publishing publications with contents spreading
propaganda about or inciting wars of aggression, causing hatred among nations
and peoples of countries; inciting violence; or disseminating reactionary
ideas;
c/ Publishing publications with contents disclosing Party,
State, military, security, economic, foreign relations or other secrets as
provided for by law;
d/ Publishing publications with contents distorting historical
truths, negating revolutionary gains, hurting the nation, great public figures
or national heroes; slandering or infringing upon the prestige of agencies or
organizations.
4. Form of additional sanction:
Confiscating material evidences in the violations, for
acts specified at Point c, Clause 1; and in Clauses 2 and 3 of this Article.
Article 22.- Violations of
regulations on printing activities
1. A fine of between VND 1,000,000 and 3,000,000 shall be
imposed for one of the following acts:
a/ Failing to register printing equipment according to the
provisions of law;
b/ Photocopying press works or publications subject to
circulation ban.
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a/ Failing to comply with the contents of the publishing
permit;
b/ Transferring printing permits in whatever form;
c/ Modifying, erasing printing permits;
d/ Printing or duplicating establishments failing to
promptly report to the state management agency in charge of publishing when
detecting that the contents of works ordered for printing are in violation of
Article 10 of the Publishing Law.
3. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for printing between 50 and under 500 copies of publications in excess
of the quantity written in the printing contract.
4. A fine of between VND 10,000,000 and 15,000,000 shall
be imposed for one of the following acts:
a/ Printing, duplicating publications not according to
procedures or without contract as prescribed;
b/ Printing between 500 and under 1,000 copies of
publications in excess of the quantity written in the printing contract.
5. A fine of between VND 15,000,000 and 30,000,000 shall
be imposed for one of the following acts:
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b/ Establishments printing publications without permit
though such publications are subject to permit;
c/ Printing 1,000 copies or more of publications in excess
of the quantity written in the printing contract;
d/ Importing color photocopiers without import permit;
e/ Printing products banned by law from circulation in Vietnam,
except for permitted printing for foreign countries under contracts.
6. Forms of additional sanction:
a/ Stripping of the right to use permits for between 90
and 180 days, for acts specified at Points b and c, Clause 2; and Point a,
Clause 5 of this Article;
c/ Confiscating material evidences and means used in the
violations, for acts specified at Point b, Clause 1; Point a, Clause 4; and
Points a, d and e, Clause 5 of this Article.
Article 23.- Violations of
regulations on deposit of publications
1. A fine of between VND 1,000,000 and 3,000,000 shall be
imposed for failing to deposit sufficient quantities of publications according
to regulations.
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3. Remedy:
Forced depositing of publications according to the provisions
of law, for acts specified in Clauses 1 and 2 of this Article.
Section 3. ACTS OF VIOLATION IN THE
CINEMATOGRAPHIC DOMAIN, SANCTIONING FORMS AND LEVELS
Article 24.- Violations of
regulations on production of films and video films
1. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for one of the following acts:
a/ Filming in areas banned from filming or with banned
contents specified in Clause 3, Article 2 of the Government’s Decree No. 48/CP
of July 17, 1995, on cinematographic organization and operation.
b/ Producing films or video films with contents disclosing
personal secrets of individuals without the consent of such individuals;
c/ Foreign organizations or individuals producing films in
Vietnam
failing to comply with the contents of the permits for film or video film
production;
d/ Foreign organizations or individuals that are granted
permits for film production in Vietnam
modifying, erasing or transferring such permits.
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a/ Providing film-making services for foreign partners or
cooperating in film production with foreign partners not in accordance with the
contents of the permits;
b/ Producing films or video films with contents slandering,
hurting the prestige of organizations or the honor and dignity of individuals.
3. A fine of between VND 20,000,000 and 25,000,000 shall
be imposed for one of the following acts:
a/ Producing films or videos with contents which are debauching,
incite violence, encourage social vices, criminal acts or superstition, thus
affecting fine traditions and customs as well as ecological environment;
b/ Providing services or conducting cooperation in film
making with foreign partners without permit.
4. A fine of between VND 25,000,000 and 30,000,000 shall
be imposed for one of the following acts:
a/ Producing films or video films with contents opposing
the State of the Socialist Republic of Vietnam or undermining the all-people
unity bloc;
b/ Producing films or video films with contents which are
debauching, spread propaganda about wars of aggression, sow division among
nations and peoples of countries or express reactionary ideas and culture or
criminal acts;
c/ Producing films or video films with contents distorting
history, negating revolutionary gains or hurting great men or national heroes;
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5. Forms of additional sanction:
a/ Stripping of the right to use permits indefinitely, for
acts specified at Point d, Clause 1; and Point a, Clause 2 of this Article;
b/ Confiscating material evidences in the violations, for
acts specified in Clauses 1, 2, 3 and 4 of this Article;
c/ Confiscating means used in the violations, for acts
specified at Point a, Clause 1; Point a, Clause 3; and in Clause 4 of this
Article.
Article 25.- Violations of
regulations on printing, duplicating and stockpiling films and film tapes and
discs
1. A fine of between VND 500,000 and 1,500,000 shall be
imposed for illegally stockpiling between 5 and under illegally printed or
duplicated 50 copies of films, film tapes or discs.
2. A fine of between VND 1,500,000 and 3,000,000 shall be
imposed for illicitly stockpiling between 50 and under 100 illicitly printed or
duplicated copies of films, film tapes or discs.
3. A fine of between VND 3,000,000 and 5,000,000 shall be
imposed for one of the following acts:
a/ Duplicating under 20 copies of films, film tapes or
discs which are not yet permitted for circulation;
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c/ Stockpiling for circulation under 10 films with
contents banned from circulation.
4. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for one of the following acts:
a/ Duplicating between 20 and under 100 copies of films,
film tapes or discs which are not yet permitted for circulation;
b/ Illegally stockpiling 500 copies or more of illicitly
printed or duplicated films, film tapes or discs;
c/ Stockpiling for circulation between 10 and 50 films
with contents banned from circulation.
5. A fine of between VND 10,000,000 and 15,000,000 shall
be imposed for one of the following acts:
a/ Duplicating 100 copies or more of films, film tapes or
discs which are not yet permitted for circulation;
b/ Inserting sounds or images advertising for goods which
are banned from advertisement into films, film tapes or discs;
c/ Inserting sounds or images which are debauching, obscene
or incite violence into films, film tapes or discs which have been
permitted for circulation;
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6. A fine of between VND 15,000,000 and 30,000,000 shall be
imposed for one of the following acts:
a/ Duplicating films, film tapes or discs subject to
withdrawal, confiscation, destruction or circulation ban decisions;
b/ Duplicating films, film tapes or discs with contents
which are debauching, obscene or incite violence;
c/ Stockpiling for circulation over 100 films with
contents banned from circulation.
7. Forms of additional sanction:
b/ Confiscating material evidences in the violations, for
acts specified in Clauses 1, 2, 3, 4, 5 and 6 of this Article;
c/ Confiscating means used in the violations, for acts
specified at Point a, Clause 4; in Clauses 5 and 6, or for relapse into acts
specified at Point a, Clause 3 of this Article.
Article 26.- Violations of
regulations on distribution of films, film tapes and discs
1. A fine of between VND 200,000 and 500,000 shall be
imposed for one of the following acts:
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b/ Selling or renting under 20 copies of film tapes or
discs not affixed with labels or affixed with fake labels;
c/ Selling or renting film tapes or discs not at the right
places indicated in the permits;
d/ Buying or selling 5 or more film tape or disc labels
not yet fully printed with prescribed contents;
e/ Buying between 10 and under 50 fake labels of film
tapes or discs;
f/ Erasing, modifying labels affixed on film tapes or
discs.
2. A fine of between over VND 500,000 and 1,500,000 shall
be imposed for one of the following acts:
a/ Selling, renting or circulating under 20 copies of films,
film tapes or discs which are not yet permitted for circulation;
b/ Buying, selling or renting between 20 and under 100
copies of film tapes or discs not affixed with labels or affixed with fake
labels;
c/ Fraudulently substituting the contents of labeled film
tapes or discs for trading;
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e/ Modifying, erasing permits for sale or rent of film tapes
or discs.
f/ Buying 50 or more fake film tape or disc labels.
3. A fine of between over VND 1,500,000 and 3,000,000
shall be imposed for one of the following acts:
a/ Buying between 100 and under 500 film tapes or discs
not affixed with labels;
b/ Selling or renting between 100 and under 500 film tapes
or discs not affixed with labels or affixed with fake labels;
c/ Selling or renting between 20 and under 100 copies of
film tapes or discs which are not yet permitted for circulation;
4. A fine of between VND 3,000,000 and 5,000,000 shall be
imposed for one of the following acts:
a/ Selling or renting film tapes or discs without permits
issued by the state management agency in charge of culture and information;
b/ Transferring permits to other organizations or
individuals or using permits of other organizations or individuals for selling
or renting films tapes or discs;
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d/ Distributing films, film tapes or discs beyond the
permitted scope within the country;
e/ Selling or renting between 500 and under 1,000 film
tapes or discs not affixed with labels or affixed with fake labels;
f/ Selling or renting 100 copies or more of film tapes or
discs which are not yet permitted for circulation;
g/ Producing fake labels of film tapes or discs for sale;
h/ Selling, renting or circulating films, film tapes or
discs with debauching, obscene or violence-inciting contents.
5. A fine of between over VND 5,000,000 and 10,000,000
shall be imposed for one of the following acts:
a/ Adding, cutting or falsifying the contents of films
already permitted for circulation for sale or rent;
b/ Buying, selling or renting between 1,000 and under
5,000 film tapes or discs not affixed with labels or affixed with fake labels.
6. A fine of between over VND 10,000,000 and 20,000,000
shall be imposed for one of the following acts:
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b/ Selling, renting or distributing films, film tapes or
discs subject to withdrawal, confiscation, circulation ban or destruction
decisions;
c/ Selling, renting or distributing films, film tapes or
discs with debauching contents;
d/ Selling or renting 5,000 or more of film tapes or discs
not affixed with labels or affixed with fake labels;
e/ Exporting films without dissemination decision though
they are required to have a dissemination decision or films which are not yet
broadcast on television.
7. Forms of additional sanction:
a/ Stripping of the right to use permits for between 90
and 180 days, for acts specified at Point c, Clause 1; Points d and e, Clause
2; Points b, e, f and h, Clause 4; Point b, Clause 5; and in Clause 6 of this
Article;
b/ Confiscating material evidences in the violations, for
acts specified at Points a, b, d, e and f, Clause 1; Points a, b, c, and f,
Clause 2; in Clause 3; at Points c, e, f, g and h, Clause 4; and in Clauses 5
and 6 of this Article;
d/ Confiscation of means used in the violations, for acts
specified at Point g, Clause 4 of this Article.
Article 27.- Violations of
regulations on film screening
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a/ Screening films at public places, causing noise in
excess of the prescribed limit or screening films after 24:00 hrs;
b/ Admitting under-16 children into cinemas to see films
which are banned from watching by children under 16 years old.
2. A fine of between VND 500,000 and 1,000,000 shall be
imposed for screening unlabelled films at public places.
3. A fine of between VND 1,000,000 and 3,000,000 shall be
imposed for screening films which have not yet been permitted for circulation
at public places.
4. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for screening films with obscene or violence-inciting contents at
public places.
5. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for one of the following acts:
a/ Screening films subject to withdrawal, confiscation,
circulation ban or destruction decisions at public places;
b/ Screening films with debauching contents at public
places.
6. Forms of additional sanction:
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b/ Confiscating means used in the violations, for acts
specified in Clauses 4 and 5 of this Article.
Article 28.- Violations of
regulations on deposit and archival of cinematographic works
1. A fine of between VND 3,000,000 and 5,000,000 shall be
imposed for failing to deposit or archive cinematographic works in sufficient
quantities and of proper categories according to regulations.
2. A fine of between VND 5,000,000 and 10,000,000 for
failing to deposit or archive cinematographic works according to regulations.
3. Remedy:
Forced deposit or archival of cinematographic works
according to the provisions of law, for acts specified in Clauses 1 and 2 of
this Article.
Section 4. ACTS OF VIOLATION IN THE
DOMAIN OF PERFORMING ARTS, SANCTIONING FORMS AND LEVELS
Article 29.- Violations of
regulations on duplication of music and theatrical tapes and discs
1. Caution or a fine of between VND 500,000 and 1,000,000
shall be imposed for duplicating between 5 and under 100 copies of music
or theatrical tapes or discs not yet permitted for circulation.
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3. A fine of between VND 2,000,000 and 5,000,000 shall be
imposed for duplicating between 300 and under 500 copies of music or
theatrical tapes or discs not yet permitted for circulation.
4. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for one of the following acts:
a/ Duplicating between 500 and under 1,000 copies of music
or theatrical tapes or discs not yet permitted for circulation;
b/ Duplicating music or theatrical tapes or discs with
obscene or violence-inciting contents.
5. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for one of the following acts:
a/ Duplicating music or theatrical tapes or discs subject
to circulation ban, withdrawal or confiscation decisions;
b/ Duplicating music or theatrical tapes or discs with
debauching contents;
c/ Duplicating between 1,000 and under 5,000 copies of
music or theatrical tapes or discs not yet permitted for circulation.
6. A fine of between VND 20,000,000 and 30,000,000 shall
be imposed for duplicating 5,000 or more copies of music or theatrical
tapes or discs not yet permitted for circulation.
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a/ Confiscating material evidences in the violations, for
acts specified in Clauses 1, 2, 3, 4, 5 and 6 of this Article;
b/ Confiscating means used in the violations, for acts
specified in Clauses 2, 3, 4, 5 and 6 of this Article.
Article 30.- Violations of
regulations on production of music and theatrical tapes and discs
1. A fine of between VND 1,500,000 and 5,000,000 shall be
imposed for one of the following acts:
a/ Modifying, erasing permits for production of music or
theatrical tapes or discs;
b/ Inserting sounds and/or images with obscene, violence-inciting
or superstitious contents into music or theatrical tapes or discs already
permitted for circulation;
c/ Inserting sounds and/or images not yet permitted for
circulation into music or theatrical tapes or discs already permitted for
circulation;
d/ Failing to deposit theatrical or music tapes or discs.
2. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for one of the following acts:
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b/ Producing music or theatrical tapes or discs for
business purpose without license.
3. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for producing theatrical or music tapes or discs with obscene
or violence-inciting contents or inserting sounds or images with banned
contents into tapes or music discs already permitted for circulation for
business purposes.
4. A fine of between VND 20,000,000 and 30,000,000 shall
be imposed for producing theatrical or music tapes or discs with debauching or
banned contents.
5. Forms of additional sanction:
a/ Stripping of the right to use permits indefinitely, for
acts specified in Clause 1, at Point a, Clause 2; and in Clauses 3 and 4 of
this Article;
b/ Confiscating material evidences in the violations, for
acts specified at Points b and c, Clause 1; Point b, Clause 2; and in Clauses
3 and 4 of this Article;
c/ Confiscating means used in the violations, for acts
specified at Points b and c, Clause 1; Point b, Clause 2; and in Clauses 3 and
4 of this Article.
Article 31.- Violations of
regulations on purchase, sale, rent of music or theatrical tapes and discs
1. Caution or a fine of between VND 500,000 and 1,000,000
shall be imposed for one of the following acts:
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b/ Selling or renting under 50 illicitly printed or
duplicated copies of music or theatrical tapes or discs.
2. A fine of between over VND 1,000,000 and 2,000,000
shall be imposed for one of the following acts:
a/ Purchasing, selling or renting between 50 copies and
under 100 copies of music or theatrical tapes or discs not yet permitted for
circulation;
b/ Purchasing, selling or renting between 50 and under 100
illicitly printed or duplicated copies of music or theatrical tapes or discs.
3. A fine of between over VND 2,000,000 and 5,000,000
shall be imposed for one of the following acts:
a/ Selling or renting under 20 copies of music or
theatrical tapes or discs with banned contents;
b/ Purchasing, selling, renting or circulating between 100
and under 300 copies of music or theatrical tapes or discs not yet permitted
for circulation;
c/ Purchasing, selling or renting between 100 and under
300 illicitly printed or duplicated copies of music or theatrical tapes or
discs.
4. A fine of between over VND 5,000,000 and 10,000,000
shall be imposed for one of the following acts:
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b/ Purchasing, selling, renting or circulating between 300
and under 500 copies of music or theatrical tapes or discs not yet permitted
for circulation;
c/ Purchasing, selling or renting between 300 and under
500 illicitly printed or duplicated copies of music or theatrical tapes or
discs.
5. A fine of between over VND 10,000,000 and 20,000,000
shall be imposed for one of the following acts:
a/ Purchasing, selling or renting between 50 and under 100
copies of music or theatrical tapes or discs with banned contents;
b/ Purchasing, selling, renting or circulating between 500
and under 1,000 copies of music or theatrical tapes or discs not yet permitted
for circulation;
c/ Purchasing, selling or renting between 500 and under
1,000 illicitly printed or duplicated copies of music or theatrical tapes or
discs.
6. A fine of between over VND 20,000,000 and 30,000,000
shall be imposed for one of the following acts:
a/ Purchasing, selling or renting 100 or more copies of
music or theatrical tapes or discs with banned contents;
b/ Purchasing, selling, renting or circulating 1,000
copies or more of music or theatrical tapes or discs not yet permitted for circulation;
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7. Form of additional sanction:
Confiscating material evidences in the violations, for
acts specified in Clauses 1, 2, 3, 4 and 5 of this Article.
Article 32.- Violations of
regulations on stockpiling and dissemination of music and theatrical tapes and
discs
1. Caution or a fine of between VND 500,000 and 1,000,000
shall be imposed for disseminating music and theatrical tapes and discs not yet
permitted for dissemination at public places.
2. A fine of between VND 1,000,000 and 2,000,000 shall be
imposed for one of the following acts:
a/ Disseminating music or theatrical tapes or discs with
superstitious contents at public places;
b/ Stockpiling or disseminating under 50 illegally
duplicated copies of music or theatrical tapes or discs.
3. A fine of between VND 2,000,000 and 5,000,000 shall be
imposed for one of the following acts:
a/ Illegally stockpiling or disseminating under 20 copies
of music or theatrical tapes or discs banned from dissemination;
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c/ Disseminating music or theatrical tapes or discs with
obscene or violence-inciting contents at public places.
4. A fine of between over VND 5,000,000 and 10,000,000
shall be imposed for one of the following acts:
a/ Stockpiling or disseminating between 20 and under 100
copies of music or theatrical tapes or discs banned from dissemination;
b/ Illegally stockpiling between 100 and under 300
illegally duplicated copies of music or theatrical tapes or discs;
c/ Stockpiling or disseminating music or theatrical tapes
or discs with reactionary or debauching contents;
d/ Distributing music or theatrical tapes or discs not
affixed with control marks or affixed with control marks not compatible with
the tape or disc contents permitted for distribution.
5. A fine of between over VND 10,000,000 and 20,000,000
shall be imposed for one of the following acts:
a/ Illegally stockpiling 100 copies or more of music or
theatrical tapes or discs banned from dissemination;
b/ Illegally stockpiling 300 illegally duplicated copies
or more of music or theatrical tapes or discs;
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6. Form of additional sanction:
Confiscating material evidences in the violations, for
acts specified in Clauses 1, 2, 3, 4 and 5 of this Article.
Article 33.- Violations of
regulations on art performances and fashion shows
1. A fine of between VND 1,000,000 and 2,000,000
shall be imposed for one of the following acts:
a/ Arbitrarily modifying the contents, adding or cutting
words or lines or adding other performance acts different from those already
permitted upon preview, thus causing bad consequences;
b/ Arbitrarily wearing costumes different from those
already previewed and permitted by competent authorities, thus causing bad
consequences;
c/ Wearing costumes not suitable to fine traditions and
customs of Vietnam;
d/ Performers abusing their conversations with audiences
to take antisocial acts or utter vulgar or improper words.
2. A fine of between VND 2,000,000 and 5,000,000 shall be
imposed for one of the following acts:
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b/ Artists who are overseas Vietnamese or foreigners
delivering performances in Vietnam
without permission of the state management agency in charge of culture and
information;
c/ Playing soundtracks pre-recorded on tapes, discs or
other audio equipment to replace the voice of performers;
d/ Purchasing, selling, transferring, modifying, lending
or leasing public performance permits for organizing performances;
e/ Giving performances after 24:00 hrs without permission
of a competent state agency;
f/ Having applied and obtained permission for organizing
performances for charity purposes but failing to organize performances for such
purposes;
g/ Organizing performance of works not yet permitted for
dissemination.
3. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for one of the following acts:
a/ Organizing performances by foreign art troupes or
artists at public places without public performance permits or performance
acceptance papers granted by a competent state management agency in charge of
culture and information or not according to the contents of such permits;
b/ Organizing performances by persons who have been banned
by the state management agency in charge of culture and information from giving
performances;
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d/ Forging public performance permits for organizing
performances.
4. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for performing or organizing performance of works with obscene or
violence-inciting contents at public places.
5. A fine of between VND 20,000,000 and 30,000,000 shall
be imposed for one of the following acts:
a/ Performing, organizing performance of art works subject
to performance ban decisions or works with debauching or reactionary contents;
b/ Performing or organizing performance of art works with
contents inciting wars of aggression, sowing division among nations and peoples
of countries, or inciting criminal acts;
c/ Performing or organizing performance of art works with
contents distorting history, negating revolutionary gains, hurting great
persons or national heroes.
6. Forms of additional sanction:
a/ Stripping of the right to use public performance
permits, for acts specified at Point d, Clause 2 of this Article;
b/ Confiscating material evidences and/or means used in
the violations, for acts specified in Clauses 4 and 5 of this Article.
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Article 34.- Violations of
regulations on life style
1. Caution or a fine of between VND 200,000 and 500,000
shall be imposed for one of the following acts:
a/ Admitting drunkards in dancing halls, public dancing
places or karaoke rooms;
b/ Getting drunk in offices, working places, hotels,
restaurants, eateries, dancing halls, public dancing places, karaoke rooms,
places of cultural activities or services, on means of transport, and in other
public places.
2. A fine of between VND 300,000 and 1,000,000 shall be
imposed for one of the following acts:
a/ Conducting superstitious practices such as acting as a
medium, fortune telling, necromancy, sortilege, divinatory wands drawing,
exorcism, spreading of prophecies and other superstitious practices;
b/ Hoisting the national flags at festive areas not above
or more solemnly than other flags;
c/ Taking advantage of beliefs to raise money or other
material things.
3. A fine of between VND 1,000,000 and 3,000,000 shall be
imposed for restoring bad customs against fine customs and practices of Vietnam.
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5. Forms of additional sanction:
a/ Confiscating material evidences and means used in the
violations, for acts specified at Point a, Clause 2 of this Article;
b/ Confiscating into public funds illicitly raised money,
for acts specified at Points a and c, Clause 2 of this Article.
6. Remedy:
Forced hoisting of the national flags above and more
solemnly than other flags, for acts specified at Point b, Clause 2 of this
Article.
Article 35.- Violations of
regulations on conditions for organizing public cultural activities or cultural
services
1. A fine of between VND 300,000 and 1,000,000 shall be
imposed for one of the following acts:
a/ Using sounds in excess of the permitted maximum noise
limit to attract attention to games or services organized at festivals;
b/ Admitting under-18 persons to dance at dancing business
places.
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a/ Doing business in electronic games at places located
less than 200 m away from a school or after 23:00 hrs until 06:00 hrs;
b/ Failing to ensure sufficient lighting as prescribed for
dancing halls, public dancing places and karaoke rooms;
c/ Employing laborers at dancing halls or karaoke bars
without labor contracts as prescribed;
d/ Issuing tickets in excess of the number of seats,
beyond the accommodating capacity or in excess of the number permitted by a
competent agency at places where public cultural activities are organized or
cultural services are provided.
3. A fine of between VND 2,000,000 and 5,000,000 shall be
imposed for one of the following acts:
a/ Failing to ensure the prescribed areas of dancing
halls, public dancing places or karaoke rooms after being licensed to operate;
b/ Covering all the doors and windows or otherwise to
prevent viewing the whole karaoke rooms from the outside;
c/ Switching off the lights in dancing halls, public dancing
places or karaoke rooms when they are in use; locking the doors of
karaoke rooms when they are in use;
d/ Organizing art performances, dancing hall, film
screening or karaoke activities which cause noise beyond the prescribed limit.
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4. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for installing alarming devices at karaoke bars to cope with inspection
activities of competent state agencies
5. Forms of additional sanction:
a/ Stripping of the right to use permits indefinitely, for
acts specified in Clause 4 and for relapse into acts specified at Point b,
Clause 2 of this Article.
b/ Confiscating material evidences in the violations, for
acts specified in Clause 4 of this Article.
Article 36.- Violations of
regulations on operation permits
1. A fine of between VND 500,000 and 2,000,000 shall be
imposed for one of the following acts:
a/ Using loudspeakers or other sounds for advertisement or
agitation at public places without permit or not according to the contents of
the permits;
b/ Organizing a festival which is required to be reported
in writing to a competent state agency without reporting it or organizing such
festival even though the reported competent state agency disagrees with the
organization of such festival.
2. A fine of between VND 2,000,000 and 5,000,000 shall be
imposed for one of the following acts:
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b/ Hotels or accommodation establishments of one-star or
higher grade doing karaoke business without notifying in writing the local
Culture and Information Services thereof.
3. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for one of the following acts:
a/ Conducting business in dancing halls or karaoke bars
not according to the contents and within the business scope stated in the
permits or not according to the provisions of law;
b/ Transferring permits to other organizations or
individuals or using the permits of other organizations or individuals for
doing business in dancing halls, karaoke bars, beauty contests or fashion
shows;
c/ Organizing electronic and other games for business
purposes which have reactionary, debauching, obscene, violence-inciting or
gambling contents;
d/ Organizing beauty contests or fashion shows not in
accordance with the permitted contents.
e/ Restaurants or bars organizing dancing for customers
though they have no dancing activity permits.
4. A fine of between VND 5,000,000 and 15,000,000 shall be
imposed for one of the following acts:
a/ Conducting karaoke business without permit;
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c/ Organizing festivals which are subject to permission
without permit.
5. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for conducting dancing activity business without permit.
6. Forms of additional sanctions:
a/ Stripping of the right to use permits indefinitely, for
acts specified at Points a, b and d, Clause 3 of this Article;
b/ Confiscating material evidences and means used in the
violations, for acts specified at Point a, Clause 1; Point c, Clause 3; Point a,
Clause 4, and in Clause 5 of this Article.
Article 37.- Violations of
regulations on production and circulation of electronic game tapes and
discs
1. A fine of between VND 1,500,000 and 3,000,000 shall be
imposed for organizing electronic games, selling or renting electronic game
tapes or discs with obscene, violence-inciting or other harmful contents.
2. A fine of between VND 3,000,000 and 5,000,000 shall be
imposed for organizing electronic games or circulating electronic game tapes or
discs with contents banned from circulation at public dancing places, karaoke
bars or other places of public cultural activities or services.
3. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for one of the following acts:
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b/ Producing or importing machines, tapes or discs of
electronic games with banned contents;
c/ Selling or renting tapes or discs of electronic games
with debauching contents.
4. Forms of additional sanction:
a/ Confiscating material evidences in the violations, for
acts specified in Clauses 1, 2 and 3 of this Article;
b/ Confiscating means used in the violations, for acts
specified at Points a and b, Clause 3 of this Article.
Article 38.- Violations of prohibitions
on public cultural activities and cultural services
1. A fine of between VND 500,000 and 1,500,000 shall be
imposed for one of the following acts:
a/ Organizing games with horrifying or violence-inciting
contents at public places;
b/ Drinking alcohol in karaoke rooms;
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2. A fine of between VND 2,000,000 and 4,000,000 shall be
imposed for one of the following acts:
a/ Selling alcohol in karaoke rooms;
b/ Employing 2 or 3 karaoke attendants in a karaoke room;
c/ Selling pictures and photos with debauching, obscene or
violence-inciting contents.
3. A fine of between VND 3,000,000 and 5,000,000 shall be
imposed for one of the following acts:
a/ Putting up, displaying paintings, pictures, calendars
or other objects with debauching, obscene, violence-inciting contents at
dancing halls, public dancing places, karaoke bars or other places of cultural
activities and cultural services;
b/ Circulating at dancing halls, public dancing places or
karaoke bars films, tapes or discs with music or theatrical contents or
performing theatrical works, music pieces or dances not yet permitted for
circulation;
c/ Employing 4 or 5 karaoke attendants in a karaoke room;
d/ Carrying out karaoke, film screening, art performance
or fashion show activities beyond the permitted hours;
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4. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for one of the following acts:
a/ Employing obscene modes of service at dancing halls,
public dancing places, karaoke bars, or other places of cultural activities or
services;
b/ Leasing or lending places for use as dancing halls, public
dancing places, karaoke bars or for other cultural activities or cultural
services and, though knowing that the leased or lent places are used for
prostitution, drug abuse, gambling or other social vices, failing to take
measures to prevent or report them;
c/ Employing 6 or more karaoke attendants in a karaoke
room;
d/ Operating dancing halls beyond the permitted hours.
5. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for one of the following acts:
a/ Conniving in or covering up debauching, obscene or
violence-inciting activities, prostitution, drug abuse, gambling or betting
with prizes in cash or in kind at dancing halls, public dancing places, karaoke
bars or other public places of cultural activities or services;
b/ Circulating music or theatrical tapes or discs subject
to circulation ban, withdrawal, confiscation decisions or with debauching,
obscene or violence-inciting contents at dancing halls, public dancing places,
karaoke bars or other public places of cultural activities or services.
6. A fine of between VND 15,000,000 and 30,000,000 shall
be imposed for circulating films subject to circulation ban, withdrawal,
confiscation decisions or with debauching, obscene and/or violence-inciting
contents at dancing halls, public dancing places, karaoke bars or other public
places of cultural activities or services.
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8. Forms of additional sanction:
a/ Stripping of the right to use permits indefinitely, for
acts specified in Clauses 4, 5, 6 and 7 and for relapse into acts specified in
Clauses 2 and 3 of this Article;
b/ Confiscating material evidences in the violations, for
acts specified at Points a and b, Clause 1; Points a and c, Clause 2; Points a,
b and e, Clause 3; and in Clauses 5 and 6 of this Article.
Article 39.- Violations of
prohibitions on cultural activities and cultural services at accommodation
establishments and restaurants
1. A fine of between VND 3,000,000 and 5,000,000 shall be
imposed for putting up, displaying paintings or pictures with debauching,
obscene, violence-inciting contents at accommodation establishments or
restaurants.
2. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for using obscene modes of service at accommodation establishments or
restaurants.
3. Form of additional sanction:
Confiscating material evidences in the violations, for
acts specified in Clause 1 of this Article.
Article 40.- Violations of
regulations on producing and burning paper votive objects
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2. A fine of between VND 1,500,000 and 3,000,000 shall be
imposed for illegally producing paper votive objects; propagating superstition
for selling paper votive objects.
3. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for producing paper votive objects under contracts for foreign partners
without permission of a competent state agency, or producing paper votive
objects under contracts for foreign partners but selling them in the country.
4. Form of additional sanction:
Confiscating material evidences in the violations, for
acts specified in Clauses 2 and 3 of this Article.
Article 41.- Violations of
regulations on music and dancing teaching at non-public music and dancing
teaching establishments
1. A fine of between VND 500,000 and 1,000,000 shall be
imposed for teaching music or dancing without registration though such teaching
is subject to registration with local Culture and Information Services.
2. A fine of between VND 1,000,000 and 2,000,000 shall be
imposed for organizing music or dancing teaching or employing music or dancing
teachers without meeting all prescribed conditions.
3. A fine of between VND 2,000,000 and 5,000,000 shall be
imposed for teaching music or dancing with banned contents.
Section 6. ACTS OF VIOLATION IN THE
DOMAINS OF FINE ARTS, CULTURAL AND ART EXHIBITION AND PHOTOGRAPHY; SANCTIONING
FORMS AND LEVELS
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1. A fine of between VND 2,000,000 and 5,000,000 shall be imposed
for organizing cultural or art exhibitions without registration though such
exhibitions are subject to registration with a competent state agency or
without complying with the registered contents.
2. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for one of the following acts:
a/ Constructing monuments or grandiose murals without
permission;
b/ Organizing cultural or art exhibitions without permit
though such exhibitions are subject to permission or without complying with the
permitted contents;
c/ Organizing cultural or art exhibitions with banned
contents or though such exhibitions are not permitted by a competent state
agency;
d/ Owners of exhibition venues allowing the organization
of cultural and exhibitions by organizations or individuals that have no
exhibition registration paper or exhibition permit granted by a competent state
agency.
3. Form of additional sanction:
Confiscating material evidences in the violations, for
acts specified at Point c, Clause 2 of this Article.
4. Remedy:
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b/ Forced removal of exhibitions specified at Point c,
Clause 2 of this Article.
Article 43.- Violations of
prohibitions in the domains of fine arts, cultural and exhibitions and
photography
1. A fine of between VND 500,000 and 1,000,000 shall be
imposed for one of the following acts:
a/ Taking photos in areas with no-camera signboards;
b/ Inserting photos, thus causing bad consequences to
other persons’ relations or hurting individuals, families, agencies or
organizations.
2. A fine of between VND 2,000,000 and 5,000,000 shall be
imposed for one of the following acts:
a/ Duplicating Ho Chi Minh President’s statues for
business purposes though such statues have not yet been appraised and permitted
by a competent state agency;
b/ Producing and trading in President Ho Chi Minh’s
statues without ensuring proper appreciation and honor of the leader.
3. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for creating fine-art or photographic works, translating books or
newspaper articles with harmful contents for dissemination or stockpiling for
dissemination purposes.
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5. A fine of between VND 20,000,000 and 30,000,000 shall
be imposed for one of the following acts:
a/ Constructing monuments or grandiose murals with
contents inciting violence, wars of aggression, sowing hatred among nations and
peoples of countries, or expressing reactionary ideology or culture, obscene or
debauching lifestyle or criminal acts;
b/ Constructing monuments or grandiose murals with
contents distorting history, negating revolutionary gains or hurting great men
or national heroes;
c/ Constructing monuments or grandiose murals with harmful
contents other than those defined at Points a and b of this Clause.
6. Forms of additional sanction:
a/ Confiscating material evidences in the violations, for
acts specified in Clause 1; at Point a, Clause 2; and in Clauses 3 and 4 of
this Article;
b/ Confiscating means used in the violations, for acts
specified in Clause 1 of this Article.
7. Remedy:
Forcible dismantlement of constructed works, for acts
specified in Clause 5 of this Article.
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Article 44.- Violations of
regulations on copying, duplication, publishing, re-publishing, and dubbing of
works, products and programs
1. Caution or a fine of between VND 200,000 and 500,000
shall be imposed for dubbing music or theatrical tapes and discs for
business purposes without the written consent of copyright owners.
2. A fine of between VND 1,500,000 and 3,000,000 shall be
imposed for one of the following acts:
a/ Duplicating, copying, dubbing for duplication musical
or theatrical tapes and discs for business purposes without the written
consent of their copyright owners;
b/ Copying plastic art works for non-business purposes
without the consent of their copyright owners;
c/ Connecting cable television without contract with
copyright owners.
3. A fine of between VND 3,000,000 and 5,000,000 shall be
imposed for copying applied plastic art or fine-art works for business purposes
without the written consent of their owners.
4. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for one of the following acts:
a/ Duplicating broadcast television and radio programs for
dissemination for business purposes without the written consent of the program
owners;
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c/ Trading in illicitly copied software.
5. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for one of the following acts:
a/ Copying, duplicating, publishing or republishing written
works for business purposes without the written consent of their owners;
b/ Copying computer software without the written consent
of their owners;
c/ Copying architectural works without the written consent
of their owners.
6. A fine of between VND 50,000,000 and 70,000,000 shall
be imposed for copying or duplicating films for business purposes without the
written consent of their owners.
7. Forms of additional sanction:
a/ Confiscating material evidences in the violations, for
acts specified in Clauses 1, 2, 3, 4, 5 and 6 of this Article;
b/ Confiscating means used in the violations, for acts
specified at Point a, Clause 2; in Clause 4; at Point b, Clause 5; and in
Clause 6 of this Article.
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1. Caution or a fine of between VND 200,000 and 500,000
shall be imposed for one of the following acts:
a/ Quoting other persons’ works and including them in
one’s own works without citing the authors’ names and source of works.
b/ Quoting works but distorting the authors’ intention.
2. A fine of between VND 2,000,000 and 5,000,000 shall be
imposed for translating, compiling, adapting, transforming, selecting,
collecting or annotating works without the written consent of the owners
of the original works.
3. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for one of the following acts:
a/ Assuming another’s name or changing the title of a work
for duplication for business purposes;
b/ Adding, cutting or altering the contents of literary or
art works without the consent of their authors.
4. Form of additional sanction:
Confiscating material evidences in the violations, for
acts specified in Clauses 2 and 3 of this Article.
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1. A fine of between VND 1,500,000 and 3,000,000 shall be
imposed for using works the use of which is subject to a charge payable to
their owners but failing to pay such charge according to regulations, except
for the case specified at Point b, Clause 3 of this Article.
2. A fine of between VND 3,000,000 and 5,000,000 shall be
imposed for audio-recording or video-recording or live broadcasting
performances without the written consent of performers, unless otherwise
permitted by law.
3. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for one of the following acts:
a/ Publicizing or disseminating for the first time works
without the written consent of their owners;
b/ Performing theatrical works the performance of which
is, according to regulations, liable to a emolument payable to their owners but
failing to pay such emolument according to regulations.
4. A fine of between VND 10,000,000 and 20,000,000
shall be imposed for one of the following acts:
a/ Broadcasting films or video films without the written
consent of their owners;
b/ Publicizing or disseminating in the country works
banned from publicization or dissemination or works of authors banned from
publicizing or disseminating their works.
5. Form of additional sanction:
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Article 47.- Violations of
regulations on import and export of copyright-violating works, products and
programs
1. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for importing or exporting for business purposes films, film tapes and
discs, music and theatrical tapes and discs, radio and television programs,
written works, applied plastic art works, fine-art works or computer software
which have been duplicated, re-published, copied or dubbed in violation of
copyrights.
2. Form of additional sanction:
Confiscating material evidences in the violations, for
acts specified in Clause 1 of this Article.
Section 8. ACTS OF VIOLATION IN THE
DOMAINS OF ADVERTISEMENT, WRITING AND PLACEMENT OF SIGNBOARDS, SANCTIONING
FORMS AND LEVELS
Article 48.- Violations of
regulations on advertising permits
1. A fine of VND 200,000 shall be imposed for each
advertisement banderole without permit.
2. A fine of between VND 500,000 and 1,500,000 shall be
imposed for one of the following acts:
a/ Advertising with goods boxes of 0.5 m2 or more in
area mounted on motorbikes without permit;
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c/ Advertising with posters which do not display the names
of the publishers and printing establishments.
3. A fine of between VND 1,000,000 and 2,000,000 shall be
imposed for each square meter of advertisement billboards in excess of the
space stated in advertisement permits.
4. A fine of between VND 2,000,000 and 5,000,000 shall be
imposed for one of the following acts:
a/ Failing to show the advertisement permit number and
duration and the name of the advertisement permit applicant on advertisement
billboards or similar forms;
b/ Advertising profitable businesses, products or services
without business registration certificates as prescribed;
c/ Advertising on illuminated billboards or boxes of under
40 m2 in size, luminescent objects, aerial objects or aquatic objects
without advertisement permit;
d/ Foreign advertisement service business organizations or
individuals failing to send written notices to provincial/municipal Culture and
Information Services of the localities where they are located after they are
granted investment licenses and before they start their operation;
e/ Advertisement service business organizations or
individuals opening their branches or representative offices in other provinces
or cities but failing to inform such to provincial/municipal Culture and
Information Services of the localities where they open such branches or
representative offices.
5. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for one of the following acts:
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b/ Making advertisements in the agricultural domain in
violation of the provisions of Clause 6, Article 17 of the Government’s Decree
No. 24/2003/ND-CP of March 13, 2003;
c/ Failing to remove advertisement billboards after the
advertising duration indicated in the permits;
d/ Making advertisements on means of transport and similar
moving objects without permit;
e/ Making advertisements on films, film tapes or discs,
music or theatrical tapes or discs without permit;
f/ Transferring advertisement permits to other
organizations or individuals or using permits of other organizations or individuals
to make advertisement;
g/ Failing to send advertisement products to local
Cultural and Information Services according to regulations before putting them
on electronic screens.
6. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for one of the following acts:
a/ Hanging, erecting, placing or fixing advertisement
billboards of 40 m2 or more in size or placing advertisement screens
without advertisement permit;
b/ Representative offices or branches of foreign
advertisement service business organizations or individuals changing their
names, the nationalities and full names of their representative persons, the
number of foreign employees working at their representative offices or branches
but failing to inform the permit-granting agencies thereof.
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a/ Foreign organizations or individuals dealing in
advertisement services or making advertisements in Vietnam
without permission of a competent Vietnamese state management agency;
b/ Representative offices or branches of foreign
advertisement service business organizations or individuals keeping operating
after the operation duration indicated in their permits.
8. Forms of additional sanction:
a/ Confiscating material evidences in the violations, for
acts specified in Clause 1; at Point b, Clause 2; Point c, Clause 4; Point e,
Clause 5; and Point a, Clause 6 of this Article;
b/ Stripping of the right to use permits indefinitely, for
acts specified at Point f, Clause 5 of this Article.
9. Remedies:
a/ Forced dismantlement or erasure of advertisement
products, for acts specified in Clause 1, at Points a and b, Clause 2; Point c,
Clause 4; Points c and d, Clause 5; and Point a, Clause 6 of this Article;
b/ Forced writing of full information on advertisement
billboards, for acts specified at Point a, Clause 4 of this Article.
Article 49.- Violations of
regulations on forms of advertisement
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2. A fine of between VND 300,000 and 1,000,000 for using
mannequins or the like to display and advertise goods in an anti-aesthetic
manner.
3. A fine of between VND 1,000,000 and 2,000,000 shall be
imposed for forcing advertisement in any form.
4. A fine of between VND 3,000,000 and 5,000,000 shall be
imposed for one of the following acts:
a/ Advertising goods made by foreign organizations or individuals
not operating in Vietnam without signing advertisement contracts with
Vietnamese organizations or individuals that provide advertisement services;
b/ On an advertisement product with words in Vietnamese, a
language of an ethnic minority living in Vietnam and a foreign language, the
foreign words are written before the words in Vietnamese or the language of an
ethnic minority living in Vietnam or the size of the words in the foreign
language or the language of an ethnic minority living in Vietnam is larger than
the size of Vietnamese words;
c/ Advertisements denigrating, making comparison or
causing confusion with other persons’ goods or service business activities;
d/ Using lottery operations for advertisement in
contravention of the regulations of the Finance Ministry;
e/ Making advertisements using the names or images of
other organizations or individuals without the consent of such organizations or
individuals;
f/ Failing to clearly show the kinds of goods or services
which need to be advertised and are not banned by law from advertisement when
advertising the common logo or trademark of many kinds of goods or services of
which some are banned from advertisement;
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5. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for one of the following acts:
a/ Using sounds for advertisement from 23:00 hrs to 05:00
hrs;
b/ Using sounds for advertisement on outdoor electronic
screens;
c/ Hanging, placing, sticking, putting up advertisement
products of financial sponsors in excess of the permitted quantity at cultural
or sport activities, conferences or workshops.
6. Form of additional sanction:
Confiscating material evidences in the violations, for
acts specified in Clause 1; at Point g, Clause 4; Point a, Clause 5, or for
relapse into the violation specified in Clause 2 of this Article.
7. Remedy:
Forced removal of advertisement products, for acts
specified at Points b and f, Clause 4; and Point c, Clause 5 of this Article.
Article 50.- Violations of
regulations on advertisement locations and positions
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2. Caution or a fine of between VND 100,000 and 200,000
shall be imposed for each advertisement banderole placed not at the right place
as indicated in the permit.
3. A fine of between VND 500,000 and 1,000,000 shall be
imposed for one of the following acts:
a/ Making advertisements affecting the solemn atmosphere
at working offices of state agencies;
b/ Advertising telephone numbers and addresses of service
providers not at the right places as prescribed; writing or drawing advertisements
on walls, trees, electricity poles and other objects, badly affecting the urban
view or environmental landscape.
4. A fine of between VND 1,500,000 and 3,000,000 shall be
imposed for one of the following acts:
a/ Hanging, erecting, placing or fixing advertisement
billboards not at the right places indicated in the permits;
b/ Hanging, erecting, placing or fixing advertisement
billboards within traffic safety corridors or protection areas of traffic
projects, electricity grids, telecommunications works or dikes, thus affecting
traffic order and safety, safety of electricity grids, telecommunications works
or dikes.
5. A fine of between VND 2,000,000 and 5,000,000 shall be
imposed for advertising at no-advertisement places.
6. Form of additional sanction:
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7. Remedies:
a/ Forced removal or erasure of advertisement products badly
affecting the scenic view, for acts specified in Clauses 1, 2, 3, 4 and 5 of
this Article;
b/ Cutting off telephone communication, for acts specified
at Point b, Clause 3 of this Article.
Article 51.- Violations of
regulations on advertisement contents
1. Caution or a fine of between VND 200,000 and 500,000
shall be imposed for each picture, photo, poster, leaflet, handbill, parasol,
trolley, flag string and the like used for advertising goods or products which
are banned from advertisement.
2. A fine of between VND 500,000 and 1,500,000 shall be
imposed for each banderole advertising profitable goods or service business
with the color of the national flag as its background or hung across roads.
3. A fine of between VND 1,500,000 and 3,000,000 shall be
imposed for one of the following acts:
a/ Advertising with posters, leaflets, handbills and the
like with contents banned from advertisement;
b/ Trading in goods that advertise other goods or services
banned from advertisement;
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d/ Advertising with the use of improper words.
4. A fine of between VND 3,000,000 and 5,000,000 shall be
imposed for one of the following acts:
a/ Making alterations falsifying the advertisement contents
already approved in the permits;
b/ Advertising goods not yet permitted for trading or for
services not yet permitted for provision at the time of advertisement;
c/ Advertising goods or services banned from advertisement
on goods boxes mounted on motorbikes, means of transport or other moving
objects, at festivals, conferences, workshops, art performances, fashion shows,
cultural exchanges or sport competitions;
d/ Using logos or trademarks presented in any forms to
advertise goods or services banned from advertisement;
e/ Advertising alcohol of over 15o in proof;
f/ Making advertisements with violence-inciting or
horrible contents.
5. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for one of the following acts:
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b/ Advertising with the use of the image of Vietnamese
currency;
c/ Advertising without using spoken and written
Vietnamese, except for the case specified in Clause 1, Article 8 of the
Advertisement Ordinance.
6. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for one of the following acts:
a/ Making false advertisements not true to the registered
goods quality;
b/ Taking advantage of advertising to hurt the honor or
dignity or infringe upon legitimate rights and interests of organizations or
individuals;
c/ Advertising with the use of comparisons degrading the
prestige or quality of commodities of other organizations or individuals;
d/ Producing goods that advertise other goods or services
banned from advertisement;
e/ Making advertisements which are racist or infringe upon
freedom of belief and religion;
f/ Advertising with the use of the national flag, national
anthem, national emblem, leader’s pictures, the Party flag or the
Internationale song;
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7. A fine of between VND 15,000,000 and 30,000,000 shall
be imposed for making advertisements disclosing state secrets, causing harm to
national independence, sovereignty, defense, security or social safety.
8. Forms of additional sanction:
Confiscating material evidences in the violations, for
acts specified in Clauses 1, 2 and 3; at Points d and e, Clause 4; Points a and
b, Clause 5; and in Clauses 6 and 7 of this Article.
9. Remedy:
Forced dismantlement of advertisement products, for acts
specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article.
Article 52.- Violations of
regulations on advertisement in the press domain
1. A fine of between VND 1,500,000 and 3,000,000 shall be
imposed for one of the following acts:
a/ Carrying advertisements on radio or television in
excess of the permitted number or time volume per channel per day;
b/ Carrying advertisements on the press, radio or
television in excess of the permitted number of days per advertisement drive or
with insufficient time and interval between advertisement drives;
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d/ Carrying advertisements on radio or television without
oral or written information clearly expressing the advertisement program;
e/ Carrying advertisements right after the theme song or
image of a radio or television program other than film, letters and arts,
sports or entertainment programs;
f/ Carrying advertisements on the press not on separate
parts or pages or in sections not clearly indicated as reserved for
advertisements; failing to separately number the pages of specialized
advertisement supplements; advertisement supplements being of a size different
from that of the principal newspaper or issued not together with the principal
newspaper; specialized advertisement supplements having more pages than
permitted.
2. A fine of between VND 3,000,000 and 5,000,000 shall be
imposed for one of the following acts:
a/ Carrying advertisements more than twice during a
feature film program on television stations; carrying advertisements more than
four times during a radio or television entertainment program; carrying an
advertisement longer than 5 minutes during a feature film or entertainment
program on radio or television; carrying an advertisement of a product more
than 10 times per day on a radio or television channel;
b/ Failing to notify viewers or listeners of the time
volume of a specialized advertisement radio or television channel or program,
which has been permitted by the Ministry of Culture and Information, right at
the beginning of the program;
c/ Carrying advertisements intermingledly with news
reports and articles in the press;
d/ Broadcasting advertisements of sanitary napkins,
condoms, skin-disease medicines, vermifuge or women hygiene liquids on radio or
television from 18:00 hrs to 20:00 hrs every day;
e/ Carrying advertisements of a goods or service for more
than 5 consecutive days, for periodicals; carrying two advertisement drives
less than 5 days apart, for dailies, or less than 4 consecutive issues apart,
for periodicals;
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3. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for one of the following acts:
a/ Carrying advertisements on page 1 of newspapers, the
front cover of magazines, except for specialized advertisement newspapers,
magazines or issues; broadcasting advertisements during current news radio or
television programs;
b/ Conducting advertisement service business on websites
without permission of the state management agency in charge of advertisement.
4. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for one of the following acts:
a/ Advertising goods or services banned from advertisement
on the Internet;
b/ Advertising goods or service business activities of an
advertiser or an advertisement service provider in excess of 50% of the time volume
of an advertisement break on radio or television;
c/ Advertising on the press or billboards goods or
services banned from advertisement.
Article 53.- Violations of
regulations on advertisements on publications
1. A fine of between VND 1,500,000 and 3,000,000 shall be
imposed for one of the following acts:
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b/ Placing advertisements of publications, films, film
tapes or discs, music or theatrical tapes or discs or art works not yet
permitted for publishing, circulation, dissemination or public performance.
2. A fine of between VND 3,000,000 and 10,000,000 shall be
imposed for placing advertisements on publications in violation of the
provisions of Clauses 1 and 2, Article 29 of the Publishing Law.
3. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for placing advertisements with banned contents on publications.
4. Form of additional sanction:
Confiscating material evidences in the violations, for
acts specified in Clause 3 of this Article.
Article 54.- Violations of
regulations on advertisements in the domain of art performance, fashion shows,
cultural activities, physical training and sport competitions
1. A fine of between VND 3,000,000 and 5,000,000 shall be
imposed for one of the following acts:
a/ Advertising at festivals, conferences, seminars, art
performances, fashion shows, cultural exchanges, physical training and sport
competitions or entertainment television programs on the backdrops or
performance stages on which financial sponsors’ products are hung, put up,
placed or fixed but there is no title of such program or there is the title of
such program but it is placed at the same height or lower than advertisement
products or is written in letters smaller than those of advertisement products;
b/ Advertising in the form of art performance or during
art performances, with contents different from those already permitted or not
yet previewed and permitted by a competent state management agency;
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2. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for advertising goods or services banned from advertisement during art
performance, fashion or entertainment, physical training or sport competition
programs, except for the case specified in Clause 3 of this Article.
3. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for advertising goods or services banned from advertisement during
national festivals, art performances, fashion shows, cultural exchange
activities, physical training or sport competitions.
Article 55.- Violations of
regulations on writing and placement of signboards
1. A fine of between VND 500,000 and 1,000,000 shall be
imposed for one of the following acts:
a/ Hanging, erecting, placing or fixing signboards not
close to the gates or fronts of the offices of agencies, organizations, hotels,
restaurants, stores, shops to which such signboards belong;
b/ Failing to write correctly or fully Vietnamese names on
signboards.
2. A fine of between VND 1,500,000 and 3,000,000 shall be
imposed for one of the following acts:
a/ Signboards of Vietnamese agencies or organizations
showing only words in foreign language but not in Vietnamese;
b/ Signboards showing the name, shortened name,
international transaction name in foreign language above the name in
Vietnamese;
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d/ Signboards showing advertisements.
3. A fine of between VND 3,000,000 and 5,000,000 shall be
imposed on organizations or individuals making business registration but having
no signboard.
4. Remedies:
a/ Forced removal of signboards, for acts specified in
Clauses 1 and 2 of this Article;
b/ Forced making of signboards, for acts specified in
Clause 3 of this Article.
Section 9. ACTS OF VIOLATION IN THE
DOMAINS OF CULTURAL HERITAGE, LIBRARY, CULTURAL AND ART WORKS,
SANCTIONING FORMS AND LEVELS
Article 56.- Violations of
regulations on the protection of cultural and art works, the protection of
cultural heritages
1. Caution or a fine of between VND 50,000 and 200,000
shall be imposed for tarnishing cultural or historical relics, scenic places or
cultural and art works.
2. A fine of between VND 500,000 and 2,000,000 shall be
imposed for one of the following acts:
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b/ Propagating, disseminating information or putting on
performances distorting the contents and values of intangible historical or
cultural heritages;
c/ Propagating and introducing information distorting the
contents and values of historical and cultural relics.
3. A fine of between VND 2,000,000 and 5,000,000 shall be
imposed for one of the following acts:
a/ Damaging exhibits valued at under VND 20,000,000 in
museums, historical or cultural relics;
b/ Failing to register national treasures with competent
agencies or changing hands of national treasures without notifying competent
authorities thereof according to regulations;
c/ Modifying, erasing historical or cultural relic rank
certificate;
d/ Making duplicates of relic objects, antiques or
national treasures without permit.
4. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for one of the following acts:
a/ Damaging cultural or historical relics, scenic places,
cultural or art works but not to a serious extent;
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5. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for one of the following acts:
a/ Damaging exhibits valued at VND 20,000,000 or more in
museums; heavily damaging cultural or historical relics, scenic places,
cultural or art works;
b/ Encroaching upon and illegally using cultural or
historical relics, scenic places or cultural and art works for any purpose;
c/ Carrying illegal construction in protective zones of
cultural or historical relics or scenic places.
6. A fine of between VND 20,000,000 and 30,000,000 shall
be imposed for destroying historical or cultural relics, cultural
or art works.
7. Remedies:
a/ Forced restoration to the original state, for acts
specified in Clauses 1 and 4; at Point c, Clause 5; and in Clause 6 of this Article;
b/ Forced dismantlement of illegally constructed works;
recovery of encroached areas, for acts specified at Points b and c,
Clause 5 of this Article;
c/ Forced remedy of pollution, for acts specified at Point
a, Clause 2 of this Article.
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1. A fine of between VND 2,000,000 and 5,000,000 shall be
imposed for one of the following acts:
a/ Carrying out archeological excavations not in
accordance with the contents of the permits;
b/ Preserving, rehabilitating and embellishing cultural or
historical relics not in accordance with the approved contents and technical
designs.
2. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for one of the following acts:
a/ Carrying out archeological excavations without permit;
carrying out illegal unearthing, salvage at archeological sites;
b/ Rehabilitating and embellishing cultural or historical
relics without written permission of competent state agencies.
3. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed on overseas Vietnamese or foreign organizations or individuals
collecting or studying intangible culture in Vietnam
without permission of competent Vietnamese state agencies or not accordance
with the permitted contents.
4. Forms of additional sanction:
a/ Stripping of the right to use permits indefinitely, for
acts specified in Clauses 1 and 3 this Article;
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Article 58.- Violations of
regulations on discovery, protection, declaration and handing over of cultural
relics (relic objects, antiques and national treasures)
1. A fine in proportion to the specific value of each
cultural relic shall be imposed for discovering cultural relics without
voluntarily declaring them for deliberate appropriation as follows:
a/ A fine of between 25% and 30% shall be imposed for
relic objects, antiques or national treasuries valued at under VND 10,000,000;
b/ A fine of between 20% and 25% shall be imposed for
relic objects, antiques or national treasuries valued at between VND 10,000,000
and under VND 20,000,000;
c/ A fine of between 15% and 20% shall be imposed for
relic objects, antiques or national treasuries valued at between VND 20,000,000
and under VND 50,000,000;
d/ A fine of between 10% and 15% shall be imposed for
relic objects, antiques or national treasuries valued at between VND 50,000,000
and under VND 100,000,000;
e/ A fine of between 7% and 10% shall be imposed for relic
objects, antiques or national treasuries valued at between VND 100,000,000 and
under VND 200,000,000;
f/ A fine of between 5% and 7% shall be imposed for relic
objects, antiques or national treasuries valued at between VND 200,000,000 and
under VND 500,000,000, with the maximum fine not exceeding VND 30,000,000.
2. A fine of VND 30,000,000 shall be imposed for
discovering cultural relics valued at VND 500,000,000 or more without
voluntarily declaring them for deliberate appropriation.
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a/ A fine of between VND 2,000,000 and 5,000,000 shall be
imposed for damaging cultural relics valued at under VND 100,000,000;
b/ A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for damaging cultural relics valued at between VND 100,000,000 and
under VND 300,000,000;
c/ A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for damaging cultural relics valued at between VND 300,000,000 and
under VND 500,000,000;
d/ A fine of between VND 20,000,000 and 30,000,000 shall
be imposed for damaging cultural relics valued at VND 500,000,000 or more.
4. Form of additional sanction:
Confiscating material evidences in the violations, for
acts specified in Clauses 1, 2 and 3 of this Article.
Article 59.- Violations of
regulations in the domain of library
1. Caution or a fine of between VND 30,000 and 200,000
shall be imposed for damaging or appropriating library documents valued at
under VND 500,000.
2. A fine of between VND 200,000 and 500,000 shall be
imposed for one of the following acts:
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b/ Illicitly copying library documents;
c/ Illegally using library documents with contents
specified in Article 5 of the Library Ordinance and other documents classified
for restricted use;
d/ Failing to register library operations with competent
state agencies.
3. A fine of between VND 500,000 and 1,000,000 shall be
imposed for damaging or appropriate library documents valued at between VND
1,000,000 and under VND 3,000,000.
4. A fine of between VND 1,000,000 and 2,000,000 shall be
imposed for heavily damaging or destroying library documents valued at between
VND 3,000,000 and under VND 7,000,000.
5. A fine of between VND 2,000,000 and 5,000,000 shall be
imposed for heavily damaging or destroying library documents valued at between
VND 7,000,000 and under VND 15,000,000.
6. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for heavily damaging or destroying library documents valued at between
VND 15,000,000 and under VND 30,000,000.
7. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for heavily damaging or destroying library documents valued at
between VND 30,000,000 and under VND 50,000,000.
8. A fine of between VND 20,000,000 and 30,000,000 shall
be imposed for heavily damaging or destroying library documents valued at VND
50,000,000 or more.
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10. Form of additional sanction:
Confiscating material evidences in the violations, for
acts specified in Clause 9 of this Article.
11. Remedies:
a/ Forced payment of expenses for restoration of damaged
documents, for acts specified at Point a, Clause 2; and in Clauses 3, 4, 5, 6,
7 and 8 of this Article;
b/ Forced return of appropriated library documents, for
acts specified in Clause 1; at Point a, Clause 2; and in Clause 3 of this Article.
Section 10. ACTS OF VIOLATION IN THE
DOMAINS OF IMPORT AND EXPORT OF CULTURAL PRODUCTS; PUBLICIZATION AND
DISSEMINATION OF WORKS TO FOREIGN COUNTRIES, SANCTIONING FORMS AND LEVELS
Article 60.- Violations of
regulations on procedures for import and export of cultural products
1. A fine of between VND 500,000 and 1,000,000 shall be
imposed for falsely declaring, hiding under 10 copies of cultural products
subject to declaration according to regulations when carrying out import or
export procedures.
2. A fine of between VND 1,000,000 and 2,000,000 shall be
imposed falsely declaring, hiding 10 copies or more of cultural products
subject to declaration according to regulations when carrying out import or
export procedures.
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Confiscating material evidences in the violations, for
acts specified in Clauses 1 and 2 of this Article.
Article 61.- Violations of
regulations on permits for import and export of cultural products
1. A fine of between VND 1,000,000 and 2,000,000 shall be
imposed for one of the following acts:
a/ Importing between 10 and under 30 copies of cultural
products in excess of the quantity stated in the permit;
b/ Modifying, erasing permits for import or export of
cultural product.
2. A fine of between VND 2,000,000 and 5,000,000 for one
of the following acts:
a/ Importing between 10 and under 30 copies of cultural
products not on the list stated in the permits;
b/ Importing 30 copies or more of cultural products in
excess of the quantity stated in the permit;
c/ Importing without permit under 30 copies of
cultural products subject to permit according to regulations.
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a/ Importing without permit between 30 and under 300
copies of cultural products subject to permit according to regulations;
b/ Exporting cultural relics subject to permit without
permit.
4. A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for importing without permit 300 or more copies of cultural
products subject to permit according to regulations.
5. A fine shall be imposed for importing without permit
printing equipment subject to permit according to regulations as follows:
a/ A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for violations involving material evidences valued at under VND
500,000,000;
b/ A fine of between VND 20,000,000 and 30,000,000 shall
be imposed for violations involving material evidences valued at VND
500,000,000 or more.
6. Form of additional sanction:
Confiscating material evidences in the violations, for
acts specified in Clauses 1, 2, 3 and 4 of this Article.
Article 62.- Violations of
prohibitions on import or export of cultural products
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2. A fine of between VND 3,000,000 and 5,000,000 shall be
imposed for one of the following acts:
a/ Importing or exporting between 10 and under 100
copies of cultural products, including drafts, banned from import or export;
b/ Using cultural products imported not for business
purposes and valued at between VND 5,000,000 and under VND 20,000,000 for
business purpose;
c/ Changing the use purpose of imported cultural products
without permission of competent state agencies.
3. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for one of the following acts:
a/ Importing or exporting 100 copies or more of cultural
products, including drafts, banned from import or export;
b/ Using cultural products imported not for business
purposes and valued at VND 20,000,000 or more for business purposes.
4. A fine shall be imposed for exporting relic objects,
antiques or national treasures without permission as follows:
a/ A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for violations involving material evidences valued at under VND
10,000,000;
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c/ A fine of between VND 10,000,000 and 20,000,000 shall
be imposed for violations involving material evidences valued at between VND
20,000,000 and under VND 50,000,000;
d/ A fine of between VND 15,000,000 and 30,000,000 shall
be imposed for violations involving material evidences valued at VND
50,000,000 or more.
5. Form of additional sanction:
Confiscating material evidences in the violations,
for acts specified in Clauses 1, 2, 3 and 4 of this Article.
6. Remedy:
Forced re-export or destruction of material evidences in
cases of non-confiscation, for acts specified in Clauses 1 and 2; and at Point
a, Clause 3 of this Article.
Article 63.- Violation of
regulations on publicization and dissemination of works to foreign countries
1. A fine of between VND 2,000,000 and 5,000,000 shall be
imposed for one of the following acts:
a/ Publicizing, disseminating without permit photographic
works to foreign countries;
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2. A fine of between VND 5,000,000 and 10,000,000 shall be
imposed for one of the following acts:
a/ Publicizing, disseminating without permit press works
to foreign countries;
b/ Publicizing, disseminating without permit theatrical
works to foreign countries;
c/ Publicizing, disseminating without permit music works
to foreign countries;
d/ Supplying to foreign press information banned from
publicization or dissemination in foreign countries.
3. A fine of between VND 10,000,000 and 15,000,000 shall
be imposed for one of the following acts:
a/ Publicizing, disseminating without permit publication
works to foreign countries;
b/ Publicizing, disseminating without permit
cinematographic works to foreign countries.
4. A fine of between VND 15,000,000 and 20,000,000 shall
be imposed for one of the following acts:
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b/ Publicizing, disseminating to foreign countries
fine art works banned from publicization or dissemination.
5. A fine of between VND 20,000,000 and 25,000,000 shall
be imposed for one of the following acts:
a/ Publicizing, disseminating to foreign countries press
works banned from publicization or dissemination;
b/ Publicizing, disseminating to foreign countries musical
works banned from publicization or dissemination;
c/ Publicizing, disseminating to foreign countries
theatrical works banned from publicization or dissemination.
6. A fine of between VND 25,000,000 and 30,000,000 shall
be imposed for one of the following acts:
a/ Publicizing, disseminating to foreign countries
publications banned from publicization or dissemination;
b/ Publicizing and/or disseminating to foreign countries
cinematographic works banned from publicization or dissemination.
Chapter III
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Article 64.- Competence of
People’s Committees at different levels to sanction administrative violations
1. Presidents of provincial-level People’s Committees
shall be entitled to sanction in accordance with Article 30 of the Ordinance on
Handling of Administrative Violations administrative violations in the culture
and information domains defined in this Decree in their respective localities.
2. Presidents of district-level People’s Committees shall
be entitled to sanction in accordance with Article 29 of the Ordinance on Handling
of Administrative Violations administrative violations in the culture and
information domains defined in this Decree in their respective localities.
3. Presidents of commune-level People’s Committees shall be
entitled to sanction in accordance with Article 28 of the Ordinance on Handling
of Administrative Violations administrative violations in the culture and
information domains defined in this Decree in their respective localities.
Article 65.- Competence of
specialized inspectorates to sanction administrative violations
1. Specialized culture-information inspectors on duty
shall be entitled to sanction in accordance with Article 38 of the Ordinance on
Handling of Administrative Violations administrative violations in the culture
and information domains defined in this Decree.
2. Specialized culture and information chief inspectors at
all levels shall be entitled to sanction according to their competence defined
in Article 38 of the Ordinance on Handling of Administrative Violations
administrative violations in the culture and information domains defined in
this Decree.
3. Specialized inspectors and chief inspectors at all
levels of culture and information-related branches shall be entitled to
sanction according to their competence defined in Article 38 of the Ordinance
on Handling of Administrative Violations acts of violation in the culture and
information domains defined in this Decree falling within the scope of
management of their respective branches.
Article 66.- Competence of border
guards and customs offices to sanction administrative violations
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Article 67.- Competence of the
people’s police to sanction administrative violations
The people’s police force shall be entitled to sanction
according to the competence defined in Article 31 of the Ordinance on Handling
of Administrative Violations administrative violations in the culture and
information domains defined in this Decree and related to social order and
safety under its managerial competence.
Article 68.- Competence of market
control agencies to sanction administrative violations
The market control force shall be entitled to sanction,
according to the competence defined in Article 37 of the Ordinance on Handling
of Administrative Violations acts of violation related to doing business in
services on cultural and information products as defined in this Decree.
Article 69.- Sanctioning
procedures
The procedures for sanctioning administrative violations
in the culture and information domains shall comply with the provisions of
Chapter VI of the Ordinance on Handling of Administrative Violations and
Chapter IV of the Government’s Decree No. 134/2003/ND-CP of November 14, 2003,
detailing the implementation of a number of articles of the Ordinance on
Handling of Administrative Violations.
Article 70.- Collection and
payment of fines
Individuals and organizations committing administrative
violations in the culture and information domains and being fined shall have to
pay fines at places prescribed by law. The procedures for collection and
payment of fines shall comply with the guidance of the Finance Ministry.
Article 71.- Procedures for
confiscating and handling material evidences and means used in violations
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2. Persons who issue confiscation decisions shall have to
organize the preservation of confiscated material evidences and means. Within
10 days after confiscating material evidences and/or means, they shall have to
transfer the sanctioning decisions, confiscation records and all confiscated
material evidences and/or means to competent agencies for holding auctions as
provided for in Article 61 of the Ordinance on Handling of Administrative
Violations, except for recorded tapes and discs and cultural products
containing some content.
3. For material evidences being relic articles, antiques
or national treasures, decision-issuing persons shall report them to the
Ministry of Culture and Information for the Minister of Culture and Information
to assign them to appropriate agencies for management and use.
For all cases of transfer of material evidences to come
under state ownership, the procedures for transfer and management of such
material evidences shall comply with the provisions of Clause 2, Article 32 of
the Government’s Decree No. 134/2003/ND-CP of November 14, 2003, detailing the
implementation of a number of articles of the Ordinance on Handling of
Administrative Violations.
4. The proceeds from the sale of confiscated material
evidences and means, after deducting expenses as provided for by law, shall be
remitted into the State budget.
Article 72.- Procedures for
stripping of the right to use permits
The procedures for stripping of the right to use permits
of various kinds in the culture and information domains shall be carried out in
accordance with the provisions of Article 59 of the Ordinance on Handling of
Administrative Violations.
Article 73.- Procedures for
destruction of harmful cultural products
1. For confiscated cultural products that are subject to
destruction decisions of competent state agencies, a handling council shall be
set up for the destruction thereof. Such a council shall be composed of
representatives of the state management agency in charge of culture and information,
the police office, the finance agency and related agencies of the same level.
2. When carrying out the destruction of harmful cultural
products, the responsible bodies shall have to make records thereon. Such a
record shall be signed for certification by members of the handling council. In
case of necessity, representatives of concerned agencies and organizations may
be invited to witness the destruction.
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Chapter IV
COMPLAINTS, DENUNCIATIONS AND HANDLING OF VIOLATIONS
Article 74.- Complaints,
denunciations
1. Citizens shall be entitled to denounce to competent state
agencies administrative violations committed by organizations or individuals in
the culture and information domains as defined in this Decree or denounce
violations committed by persons with competence to sanction administrative
violations in the culture and information domains in accordance with the
provisions of law.
2. Individuals and organizations sanctioned for
administrative violations or their lawful representatives may complain about
decisions on sanctioning administrative violations in accordance with the
provisions of law on complaints and denunciations.
3. The initiation of administrative lawsuits against
decisions on sanctioning administrative violations shall comply with the
provisions of Article 119 of the Ordinance on Handling of Administrative
Violations.
4. The order and procedures for making complaints and
denunciations and the competence to settle complaints and denunciations about
administrative violations in the culture and information domains shall comply
with the December 2, 1998 Law on Complaints and Denunciations and other
relevant provisions on complaints and denunciations.
Article 75.- Handling of
violations committed by persons with competence to sanction administrative
violations in the culture and information domains
1. If persons who have competence to sanction
administrative violations in the culture and information domains harass,
tolerate, cover up violators, fail to handle or handle violations not in time,
improperly, not according to or beyond their prescribed competence, they shall,
depending on the nature and severity of their violations, be disciplined or
examined for penal liability.
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Chapter V
IMPLEMENTATION PROVISIONS
Article 76.- Effect of the Decree
1. This Decree takes effect as from July 1, 2006; to annul
the Government’s Decree No. 31/2001/ND-CP of June 26, 2001, on sanctioning administrative
violations in the culture and information domain.
2. The Government’s regulations and the provisions in
other documents on sanctioning administrative violations in the culture and
information domains which are contrary to this Decree shall all be annulled.
Article 77.- Responsibility to
implement the Decree
Ministers, heads of ministerial-level agencies, heads of
government-attached agencies and presidents of provincial/municipal People’s
Committees shall have to implement this Decree.
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