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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 28/2017/ND-CP
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Hanoi, March 20, 2017
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DECREE
AMENDMENTS TO THE GOVERNMENT'S DECREE NO. 131/2013/ND-CP DATED
OCTOBER 16, 2013 ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST COPYRIGHTS
AND RELATED RIGHTS AND THE GOVERNMENT'S DECREE NO. 158/2013/ND-CP DATED
NOVEMBER 12, 2013 ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST
REGULATIONS ON CULTURE, SPORTS, TOURISM, AND ADVERTISING
Pursuant to the Law on
Government organization dated June 19, 2015;
Pursuant to the Law on
Penalties for administrative violations dated June 20, 2012;
At the proposal of the
Minister of Culture, Sports and Tourism;
The Government
promulgates a Decree on amendments to the Government's Decree No.
131/2013/ND-CP dated October 16, 2013 on penalties for administrative
violations against copyrights and related rights and the Government's Decree
No. 158/2013/ND-CP dated November 12, 2013 on penalties for administrative
violations against regulations on culture, sports, tourism, and advertisement.
Article
1. Amendments to the Government's Decree No. 131/2013/ND-CP dated October 16,
2013 on penalties for administrative violations against copyrights and related
rights
1. Clause 2 Article 16
shall be amended as follows:
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a) Enforced re-export of
material evidence in case of the violation specified in Clause 1 of this
Article. In case of failure to enforce re-export of material evidence, the
enforced destruction of material evidence shall apply.”
2. Clause 4 Article 20
shall be amended as follows:
“4. Remedial measures:
a) Enforced destruction
of material evidence in case of violation specified in Clause 2 of this Article;
b) Enforced re-export of
material evidence in case of the act of import specified in Clause 3 of this
Article. In case of failure to enforce re-export of material evidence, the
enforced destruction of material evidence shall apply.”
3. Clause 6 Article 35
shall be amended as follows:
“6. Remedial measures:
a) Enforced destruction
of material evidence in case of violation specified in Clause 2 and Clause 5 of
this Article;
b) Enforced re-export of
material evidence in case of the act of import specified in Clause 3 and Clause
4 of this Article. In case of failure to enforce re-export of material
evidence, the enforced destruction of material evidence shall apply.”
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“Article 38. The power
to impose penalties for administrative violations of Inspectorate
1. Inspectors and persons
authorized to perform specialized inspection tasks on their duties are entitled
to:
a) Impose a fine of up to
VND 500.000;
b) Confiscate exhibits of
administrative violations whose value does not exceed the fine specified in
point a of this Clause;
c) Enforce remedial
measures specified in point dd Clause 1 Article 28 of the Law on Actions
against administrative violations.
2. The Chief Inspectors
at Department level, chiefs of specialized inspectorate teams at Department
level, the Chief Inspector of Aviation Department, the Chief Inspector of
Maritime Administration are entitled to:
a) Impose a fine of up to
VND 50.000.000;
b) Suspend violators’
practice certificates with a defined term;
c) Confiscate exhibits of
administrative violations whose value does not exceed the fine specified in
point a of this Clause;
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3. Chiefs of specialized
inspectorate teams at Ministerial level are entitled to:
a) Impose a fine of up to
VND 175.000.000;
b) Suspend violators’
practice certificates with a defined term;
c) Confiscate exhibits of
administrative violations whose value does not exceed the fine specified in
point a of this Clause;
d) Enforce remedial
measures specified in Article 3 of this Decree.
4. The Ministerial Chief
Inspector, Director of Vietnam Maritime Administration, Director of the Civil
Aviation Authority of Vietnam, Director of Department of Radio Frequency, Director
of Vietnam Telecommunications Authority, Director of Department of Radio and
Television and Electronic Information, Director of Press Department, Director
of Department of Publishing, Printing and Release are entitled to:
a) Impose a fine of up to
VND 250.000.000;
b) Suspend violators’
practice certificates with a defined term;
c) Confiscate exhibits of
administrative violations;
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5. The number order of
Clauses 3, 4 and 5 after the aforesaid Clause 3 of Article 39 shall be changed
to Clauses 4, 5, 6.
6. Article 40 shall be
amended as follows:
“Article 40.
Distribution of power to impose penalties for administrative violations of the
Border guards, Maritime Polices, Customs agencies, market surveillance
authorities and Inspectorate
1. The competent border
guard officers have the power to impose penalties and enforce remedial measures
for administrative violations prescribed in Clause 1 Article 8; Article 16;
acts of import and export prescribed in Clause 3 Article 20; acts of import
prescribed in Clause 3 and acts of import and export prescribed in Clause 4
Article 35 of this Decree as prescribed in Article 40a of this Decree and their
authorized functions, tasks, powers.
2. The competent
coastguard officers have the power to impose penalties and enforce remedial
measures for administrative violations prescribed in Clause 1 Article 8;
Article 16; acts of import and export prescribed in Clause 3 Article 20; Point
b Clause 2 Article 29; acts of import prescribed in Clause 3 and acts of import
and export prescribed in Clause 4 Article 35 of this Decree as prescribed in
Article 40b of this Decree and their authorized functions, tasks, powers.
3. The competent customs
officers have the power to impose penalties and enforce remedial measures for
administrative violations prescribed in Clause 1 Article 8; Article 16; acts of
import and export prescribed in Clause 3 Article 20; acts of import prescribed in
Clause 3 and acts of import and export prescribed in Clause 4 Article 35 of
this Decree as prescribed in Article 40c of this Decree and their authorized
functions, tasks, powers.
4. Competent market
surveillance officials have the power to impose penalties and enforce remedial
measures for administrative violations prescribed in Articles 8, 214, 15, 18,
19, acts of producing, assembling, mutating, distributing, selling or renting
prescribed in Clause 3 Article 20; Articles 24, 26, 27, 38, 29, 31, 33 and 34;
acts of distributing prescribed in Clause 3 and acts of producing, assembling,
mutating, distributing, selling or renting prescribed in Clause 4, Clause 5
Article 35 of this Decree as prescribed in Article 40d of this Decree and their
authorized functions, tasks, powers.
5. Competent inspectors
have power to impose penalties and enforce remedial measures for administrative
violations specified in this Decree as follows:
a) Competent inspectors
of Inspectorate of Culture, Sports and Tourism and Inspectorate of Culture,
Sports and Tourism have power to impose penalties and enforce remedial measures
for administrative violations specified in Chapter II of this Decree and
Article 38 of this Decree;
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c) Competent inspectors
of Inspectorate of Transports have power to impose penalties and enforce
remedial measures for administrative violations prescribed in Clause 1 Article
8; Point b Clause 2 Article 29 of this Decree within their competence in
Article 38 of this Decree and their authorized functions, tasks, powers.”
7. Articles 40a, 40b,
40c, and 40d shall be added as follows:
“Article 40a. The
power to impose penalties for administrative violations of the Border guard
1. Captains of border
guard stations, leaders of coastal guard teams, commanders of border guard at
checkpoints, commanders of border guard at harbor checkpoints are entitled to:
a) Impose a fine of up to
VND 25.000.000;
b) Confiscate exhibits of
administrative violations whose value does not exceed the fine specified in
point a of this Clause;
c) Enforce remedial
measures specified in point dd Clause 1 Article 28 of the Law on Penalties for
administrative violations and Clauses 1, 2, 3 and 4 Article 3 of this Decree.
2. Captains of provincial
border guard command centers, commanders of coastal guard fleets affiliated to the
Border Guard Headquarters are entitled to:
a) Impose a fine of up to
VND 250.000.000;
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c) Confiscate exhibits of
administrative violations;
d) Enforce remedial
measures specified in point dd Cause 1 Article 28 of the Law on Penalties for
administrative violations and Clauses 1, 2, 3 and 4 Article 3 of this Decree.
“Article 40b. The
power to impose penalties for administrative violations of the coastguard
1. Coastguard team
leaders are entitled to: impose a fine of up to VND 5,000,000.
2. Coastguard squad
leaders and captains of coastguard stations are entitled to:
a) Impose a fine of up to
VND 10.000.000;
b) Enforce remedial
measures specified in point dd Clause 1 Article 28 of the Law on Penalties for
administrative violations.
3. Commanders of
coastguard platoons are entitled to:
a) Impose a fine of up to
VND 25.000.000;
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c) Enforce remedial
measures specified in point d and dd Cause 1 Article 28 of the Law on Penalties
for administrative violations and Clauses 1, 2, 3 and 4 Article 3 of this
Decree.
4. Commanders of
coastguard fleets are entitled to:
a) Impose a fine of up to
VND 50.000.000;
b) Confiscate exhibits of
administrative violations whose value does not exceed the fine specified in
point a of this Clause;
c) Enforce remedial
measures specified in point d and dd Cause 1 Article 28 of the Law on Penalties
for administrative violations and Clauses 1, 2, 3 and 4 Article 3 of this
Decree.
5. Commanders of regional
coastguard command centers are entitled to:
a) Impose a fine of up to
VND 100.000.000;
b) Confiscate exhibits of
administrative violations whose value does not exceed the fine specified in
point a of this Clause;
c) Enforce remedial
measures specified in point d and dd Cause 1 Article 28 of the Law on Penalties
for administrative violations and Clauses 1, 2, 3 and 4 Article 3 of this Decree.
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a) Impose a fine of up to
VND 250.000.000;
b) Suspend violators’
practice certificates with a defined term;
c) Confiscate exhibits of
administrative violations;
c) Enforce remedial
measures specified in point d and dd Cause 1 Article 28 of the Law on Penalties
for administrative violations and Clauses 1, 2, 3 and 4 Article 3 of this
Decree.
“Article 40b. The
power to impose penalties for administrative violations of the customs
1. Directors of
Sub-departments of Customs, Sub-departments of Post-Clearance Inspection, team
leaders of Provincial Customs Departments, smuggling prevention team leaders,
customs procedures team leaders, leaders of customs control teams at sea and
leaders of intellectual property right protection teams of the Smuggling
Investigation and Prevention Department of the General Department of Customs
are entitled to:
a) Impose a fine of up to
VND 25.000.000;
b) Confiscate exhibits of
administrative violations whose value does not exceed the fine specified in
point a of this Clause;
c) Enforce remedial
measures specified in point d, dd and g Cause 1 Article 28 of the Law on
Penalties for administrative violations and Clauses 1, 2, 3 and 4 Article 3 of
this Decree.
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a) Impose a fine of up to
VND 50.000.000;
b) Suspend violators’
practice certificates with a defined term;
c) Confiscate exhibits of
administrative violations whose value does not exceed the fine specified in
point a of this Clause;
d) Enforce remedial
measures specified in point d, dd and g Cause 1 Article 28 of the Law on
Penalties for administrative violations and Clauses 1, 2, 3 and 4 Article 3 of
this Decree.
3. The Director of the
General Department of Customs is entitled to:
a) Impose a fine of up to
VND 250.000.000;
b) Confiscate exhibits of
administrative violations;
c) Enforce remedial
measures specified in point d, dd and g Cause 1 Article 28 of the Law on
Penalties for administrative violations and Clauses 1, 2, 3 and 4 Article 3 of
this Decree.
“Article 40b. The
power to impose penalties for administrative violations of market surveillance
authorities
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a) Impose a fine of up to
VND 25.000.000;
b) Confiscate exhibits of
administrative violations whose value does not exceed the fine specified in
point a of this Clause;
c) Enforce remedial
measures specified in point dd, e and g Clause 1 Article 28 of the Law on
Penalties for administrative violations and Clauses 1, 2, 3 and 4 Article 3 of
this Decree.
2. Director of Market
Surveillance Departments of Provincial Departments of Industry and Trade,
managers of departments of smuggling prevention, counterfeit prevention, and
good quality control affiliated to Market Surveillance Agency are entitled to:
a) Impose a fine of up to
VND 50.000.000;
b) Confiscate exhibits of
administrative violations whose value does not exceed the fine specified in
point a of this Clause;
c) Suspend violators’
practice certificates with a defined term;
d) Enforce remedial
measures specified in Article 3 of this Decree.
3. Director of Market
Surveillance Agency is entitled to:
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b) Confiscate exhibits of
administrative violations;
c) Suspend violators’
practice certificates with a defined term;
d) Enforce remedial
measures specified in Article 3 of this Decree.”
Article
2. Amendments to the Government's Decree No. 158/2013/ND-CP dated November 12,
2013 on penalties for administrative violations against regulations on culture,
sports, tourism, and advertising
1. Clauses 8, 9, 10 and
11 shall be added to Article 2 as follows:
“8. Enforced satisfaction
of requirements for facilities, equipment in film studios featuring special
effects that affect moviegoers.
9. Enforced removal of
violating works in the electronic forms, on the network and digital
environment.
10. Enforced revocation
of titles and prizes awarded to winners of beauty contests and model contests;
certificates of eligibility for sports business; certificates of eligibility
for antiques appraisal business; certificates of eligibility for relic
rehabilitating practice; relic rehabilitating practice certificates; licenses
to provide international travel services; tour guide’s cards; narrator’s certificates;
licenses plates of tour vehicles.
11. Enforced suspension
of gaming centers, karaoke boxes, and dance clubs not in accordance with a
certain distance as prescribed.”
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“2. The fines specified
in Chapter II and Chapter III of this Decree are imposed on individuals, except
for the case mentioned in Point a Clause 1, Point a Clause 3, Point d Clause 4
of Article 4; Point b Clause 4, Clause 5 Article 6; Article 8; Point a and
Point c Clause 1, Clause 3 Article 10; Point b Clause 1, Point a Clause 3,
Points a, b and c Clause 5, Clauses 6, 7 and 8 Article 13; Clauses 1, 3, Point
d Clause 5, Clause 6 and Clause 7 Article; Point b Clause 2 Article 15; Clause
1 and Clause 3 Article 16; Point a Clause 1, Point b Clause 3 Article 17; Point
c Clause 3 Article 23; Clauses 1, 2 and 4 Article 23a; Clauses 1, 2 and 4
Article 23c; Clause 1 and Points a, b and c Clause 2 Article 24; Clause 2 and
Clause 4 Article 27; Point b Clause 1 Article 30; Clause 2 Article 32; Article
33; Clauses 1,2 and 4 Article 34; Clause 1, Clause 5 Article 40; Article 41;
Points a, b and e Clause 1, Clauses 2, 3, 4, 5, 6, 7, 8, 9 and 10 Article 42;
Point c Clause 1 Article 52; Clause 2 and Clause 3 Article 55; Clause 2 Article
56; Article 57, Article 58, Points a, b and c Clause 3 Article 59, Point a
Clause 2 Article 68, Clause 2 Article 69 and Clause 1 Article 70 that are fines
to be imposed on organizations. For a same violation, fines applicable to
organizations will be equal to twice of the fines applicable to individuals.”
3. Article 5 shall be
amended as follows:
“Article 5.
Violations against regulations on film release
1. A fine of from VND
1,000,000 to VND 2,000,000 shall be imposed for one of the following
violations:
a) Selling or renting
films intended for internal use;
b) Erasing or falsifying
the rating cards on the video tape or disc.
2. A fine of from VND
15,000,000 to VND 20,000,000 shall be imposed for selling, renting video tapes
or discs without rating cards; putting rating cards on other films than those
licensed.
3. A fine of from VND
20,000,000 to VND 15,000,000 shall be imposed for swapping the video tapes of
discs that bear the rating cards.
4. A fine of from VND
15,000,000 to VND 20,000,000 shall be imposed for one of the following
violations:
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b) Distributing celluloid
films, video tapes or discs beyond the scope in the license for release.
5. A fine of from VND
20,000,000 to VND 25,000,000 shall be imposed for selling, renting, or
releasing films in the form of celluloid films, video tapes or discs that are
supposed to be revoked, confiscated, destroyed or banned under a regulatory
body's decision.
6. Remedial measures:
a) Enforced destruction
of the illegal items mentioned in Clauses 1, 2, and 3; Points a Clause 4 and
Clause 5 of this Article;
b) Enforced transfer of
the profits earned from illegal activities to government budget, applicable to
the violations in Clauses 1, 2, 3, 4, and 5 of this Article.”
4. Clause 2 Article 6
shall be amended as follows:
“2. A fine of from VND
3,000,000 VND to VND 5,000,000 shall be imposed for one of the following
violations:
a) Making public films
recorded in any kind of materials without rating card public;
b) Making public films
with contents and extent other than those specified in the license for release
or decision on broadcasting;
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5. Clause 4 Article 6
shall be amended as follows:
“4. A fine of from VND
20,000,000 to VND 15,000,000 shall be imposed for one of the following
violations:
a) Showing films that are
supposed to be revoked, confiscated, destroyed or banned under a regulatory
body's decision, or showing films that have pornographic contents, incite
violence or debauchery;
b) Organizing specialized
film festivals without the prior consent of competent agencies as prescribed.”
6. Clauses 6 and 7 of
Article 16 shall be amended as follows:
“6. Additional penalties:
Confiscating the illegal
instruments, applicable to the violations in Point a Clause 4 of this Article.
7. Remedial measures:
a) Enforced destruction
of exhibits of violations mentioned in Points a and b Clause 2; Clause 3; Point
a Clause 4 and Clause 5 of this Article;
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c) Enforced satisfaction
of requirements for facilities, equipment in film studios featuring special
effects that affect moviegoers during the operation as prescribed in Point c
Clause 2 of this Article.”
7. Article 7 shall be
amended as follows:
“Article 7. Violations
against regulations on reproducing and storing films
1. A fine of from VND
15,000,000 to VND 20,000,000 shall be imposed for reproducing unapproved films.
2. A fine of from VND
20,000,000 to VND 25,000,000 shall be imposed for one of the following
violations:
a) Reproducing films that
are supposed to be revoked, confiscated, destroyed or banned under a regulatory
body's decision;
b) Illegally storing
films that are supposed to be revoked, confiscated, destroyed or banned under a
regulatory body's decision.
3. Additional penalties:
Confiscating the illegal
instruments, applicable to the violations in Clause 1, Point a Clause 2 of this
Article.
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Enforced destruction of
exhibits of violations in case of violation specified in Clause 1 and Clause 2
of this Article;”
8. Article 9 shall be
amended as follows:
“Article 9. Violations
against the regulations on reproduction of audio and video recordings of art
performances
1. A fine of from VND
15,000,000 to VND 20,000,000 shall be imposed for reproducing unapproved audio
and video recordings of art performances without license for content approval.
2. A fine of from
20.000.000 VND to 25,000,000 VND shall be imposed for one of the following
violations:
a) Reproducing audio or
video recording of art performances that are supposed revoked, confiscated,
destroyed or banned under a regulatory body's decision.
b) Reproducing audio and
video recordings of art performances that have pornographic contents, incite
violence or debauchery.
3. Additional penalties:
Confiscating the illegal
instruments, applicable to the violations in Clause 1 and Clause 2 of this
Article.
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a) Enforced destruction
of material evidence in case of violation specified in Clause 1 and Clause 2 of
this Article;
b) Enforced transfer of
the profits earned from illegal activities to government budget, applicable to
the violations Clause 1 and Clause 2 of this Article.”
9. Clauses 3 and 4 of
Article 10 shall be amended as follows:
“3. A fine of from VND
15,000,000 to VND 20,000,000 shall be imposed for putting rating cards on
unapproved shows.
4. A fine of from VND
30,000,000 to VND 40,000,000 shall be imposed for producing audio and video
recordings of art performances that have pornographic contents, incite
violence, debauchery; destruction of the environment, or that are not
appropriate for Vietnam’s value, social ethics standards, and fine traditions;”
10. Article 11 shall be
amended as follows:
“Article 11.
Violations against the regulations on selling, renting, or circulating audio
and video recordings of art performances
1. A fine of from VND
10,000,000 to VND 15,000,000 shall be imposed for selling, renting, or
circulating of unapproved audio and video recordings of art performances.
2. A fine of from VND
15,000,000 to VND 20,000,000 shall be imposed for selling, renting, or
circulating audio and video recordings of art performances that are supposed to
be banned, revoked, confiscated, or destroyed under a regulatory body's
decision.
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a) Enforced destruction
of material evidence in case of violation specified in Clause 1 and Clause 2 of
this Article;
b) Enforced transfer of
the profits earned from illegal activities to government budget, applicable to
the violations Clause 1 and Clause 2 of this Article.”
11. Article 12 shall be
amended as follows:
“Article 12.
Violations against the regulations on storing and distributing of audio and
video recordings of art performances
1. A fine of from VND
10.000.000 to VND 15.000.000 shall be imposed for illegally storing or
distributing unapproved audio or video recordings of art performances that are
unapproved or without rating cards.
2. A fine of from VND
15,000,000 to VND 20,000,000 shall be imposed for illegally storing and
distributing audio and video recordings of art performances that incite
debauchery, or that are not appropriate for Vietnam’s value, social ethics
standards, and fine traditions.
3. A fine of from VND
20,000,000 to VND 25,000,000 shall be imposed for illegally storing and
distributing audio and video recordings of art performances that are supposed
to be revoked, confiscated, destroyed, or banned under a regulatory body's
decision.
4. Remedial measures:
a) Enforced destruction
of the illegal items mentioned in Clauses 1, 2 and 3 of this Article;
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12. Point dd and Point e
shall be added to Clause 5 of Article 13 as follows:
“dd) Distributing,
circulating personal images of art or fashion performers with objectionable
contents, not appropriate to Vietnam’s value, social ethics standards, fine
traditions;
e) Performing
inappropriate acts during the performance that are not suitable for Vietnam’s
fine tradition or negatively affect diplomatic relations during the art or
fashion shows.”
13. Clause 9a shall be
added to Article 13 as follows:
“9a. The performer that
commits one of the following acts prescribed in Clause 9 of this Article shall
be banned from performance for 12 months.”
14. Point a Clause 10
Article 13 shall be amended as follows:
“a) The performer that
commits the acts mentioned in Point b and Point c Clause 3, Point d and Point e
Clause 5 of this Article shall be banned from performance for 3 - 6 months;”
15. Clause 11 shall be
added to Article 13 as follows:
“11. Remedial measures:
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16. Clause 2 and the
first paragraph of Clause 3 Article 14 shall be amended as follows:
“2. A fine of from VND
5,000,000 to VND 10.000.000 shall be imposed for one of the following
violations:
a) Damaging the
reputation of organizations or insulting the beauty or model contestants;
b) Making public, using
titles won in beauty contests and model contests as a result of illegal
participation.
3. Fines of holding
beauty or model contests not in accordance with the license or a project that
has sent to a competent authority for approval as follows:”
17. Clause 5 Article 14
shall be amended as follows:
“5. A fine of from VND
15.000.000 to VND 30.000.000 shall be imposed for one of the following
violations:
a) Attending
international beauty or model contests overseas without a license (if a license
is compulsory);
b) Attending
international beauty or model contests overseas and performing acts not
appropriate to Vietnam’s fine traditions or negatively affect Vietnam’s image
and diplomatic relations;
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d) Failure to revoke
titles that have been given in beauty contests and model contests as required
by licensing authorities.”
18. Clause 8 Article 14
shall be amended as follows:
“8. Remedial measures:
a) Enforced offer of
formal apologies, applicable to the violations in Point a Clause 2 of this
Article;
b) Enforced rectification
of the information mentioned in Point b Clause 2 of this Article;
c) Enforced revocation of
titles that have been given in beauty contests and model contests as prescribed
in Point c and Point d Clause 5 of this Article."
19. Clause 1 Article 15
shall be amended as follows:
“1. Warnings or fines of
from VND 200,000 to 500,000 VND for burning incense or joss paper not in
accordance with regulations of festival organizing board, historic site
management board; throw, drop money into wells, ponds; profane or desecrate
that affect the solemn atmosphere; litter causing environmental insanitation in
the festival or historic site.”
20. Article 16 shall be
amended as follows:
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1. A fine of from VND
1,000,000 to VND 3.000.000 shall be imposed for one of the
following violations:
a) Failure to establish a
festival organizing board as prescribed;
b) Selling tickets,
charging for participation in festivals;
c) Toilets are
unavailable or available but unsatisfied with standards as prescribed in the
festival or historic sites.
2. A fine of from VND
3,000,000 to VND 5.000.000 shall be imposed for one of the
following violations:
a) Opening a gaming
center exceeding the certain distance as prescribed from an elementary, lower
secondary or upper secondary school;
b) Opening a karaoke box
or a dance club exceeding the certain distance from a school, hospital, a
religious building, historic and cultural remains, or a regulatory agency;
c) Opening shops,
restaurants, hotels, stations that encroach the remain campus and/or obstruct
traffic in the festival area;
d) Opening a gaming
center not in accordance with statutory time;
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3. A fine of from VND
5,000,000 to VND 10,000,000 shall be imposed for selling more
tickets than the number of seats or capacity of the place where the art
performance, fashion show, beauty contest or model contest is held.
4. A fine of from VND
10.000.000 to VND 15,000,000 shall be imposed for one of the
following violations:
a) Failure to provide
adequate area of the dance club or karaoke box;
b) Failure to adhere to
regulations on the design of karaoke boxes.
5. A fine of from VND
15,000,000 to VND 20,000,000 shall be imposed for using improper
alarm equipment at dance clubs or karaoke boxes.
6. Additional penalties:
Confiscating the illegal
items mentioned in Clause 5 of this Article.
7. Remedial measures:
b) Enforced transfer of
the profits earned from illegal activities to government budget, applicable to
the violations Point b Clause 1 and Clause 3 of this Article;
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21. Point a shall be amended
and Point c shall be added to Clause 2 of Article 19 as follows:
“a) Selling and
distributing paintings, photographs, and other materials containing
pornographic, violent contents, spreading debauchery, not appropriate to
Vietnam’s fine traditions or containing contents that are supposed to be
suspended, banned, revoked, confiscated, or destroyed under a regulatory body's
decision;
c) Edit photos falsifying
the content of the image for the purpose of distorting history, negating the
revolutionary achievements; offend great men, national heroes, leaders,
cultural celebrity; slander, harm the reputation of the agency, organization,
honor and dignity of individuals.”
22. Clause 2 Article 23
shall be amended as follows:
“2. A fine of from VND 3,000,000
to VND 5,000,000 shall be imposed for one of the following violations:
a) Spreading or
practicing in a manner that falsifies the intangible cultural heritage and
arbitrarily put new elements into the intangible cultural heritage resulting in
its value decline;
b) Spreading or providing
incorrect information about the value of historic and cultural sites and.
scenic beauties;
c) Misuse the protection
and promotion of cultural heritage for profiteering purpose."
23. Point a shall be
amended and Point c shall be added to Clause 3 of Article 23 as follows:
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“c) Falsifying the rating
certificate of the historic and cultural site or certificate of intangible
cultural heritage which is named in the list of national intangible cultural
heritage.”
24. Point a Clause 5
Article 23 shall be amended as follows:
“a) Seriously damaging
exhibits in museums, historic and cultural sites or scenic beauties; seriously
damaging cultural and art works."
25. Point a Clause 7
Article 23 shall be amended as follows:
“b) Illegally trading or
trafficking relics, antiques and national treasures of historic sites or scenic
beauties, relics, antiques and national treasures of illegal origins within Vietnam’s
territory.”
26. Point a Clause 9
Article 23 shall be amended as follows:
“c) Enforced transfer of
the profits earned from illegal activities to government budget, applicable to
the violations Point c Clause 2 and Clause 7 of this Article.”
27. Article 23a, 23b, and
23c shall be added as follows:
“Article 23a.
Violations against regulations on conditions for antiques appraisal business
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2. A fine of from VND
3,000,000 to VND 5.000.000 shall be imposed for one of the following
violations:
a) Giving untruthful
documents in an application for issuance or reissuance of certificate of
eligibility for antiques appraisal business;
b) Failure to the
maintain sufficient antiques appraisal specialists as prescribed during its
course of operation;
c) Making erasures and
correction resulting in change of the certificate of eligibility for antiques
appraisal business.
3. A fine of from VND
25.000.000 to VND 35.000.000 shall be imposed for antiques appraisal business
without any certificate of eligibility for antiques appraisal business as
prescribed.
4. Suspend certificate of
eligibility for antiques appraisal business from 3 – 6 months if the
certificate is used by another business entity.
5. Additional penalties:
Confiscating the exhibits
of violations mentioned in Point c Clause 2 of this Article.
6. Remedial measures:
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b) Enforced revocation of
certificate of eligibility for antiques appraisal business in case of the
violation prescribed in Point a Clause 2 of this Article.
Article 23b.
violations against regulations on relic rehabilitating practice certificates
1. A fine of from VND
1,000,000 to VND 3,000,000 shall be imposed for failure to apply for reissuance
of a relic rehabilitating practice certificate as prescribed, except that such
relic rehabilitating practice certificate expires.
2. A fine of from VND
3,000,000 to VND 5.000.000 shall be imposed for one of the following
violations:
a) Giving untruthful documents
in application for issuance or reissuance of relic rehabilitating practice
certificate;
b) Making erasures or
correction resulting in change of the relic rehabilitating practice
certificate.
3. A fine of from VND
3,000,000 to VND 5.000.000 shall be imposed for one of the following
violations:
a) Practicing
rehabilitating relics without any relic rehabilitating practice certificate as
prescribed;
b) Use a relic
rehabilitating practice certificate of another person;
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d) Permit another person
to use a relic rehabilitating practice certificate.
4. Additional penalties:
a) Enforced confiscation
of the exhibits of violation mentioned in Point b Clause 2 and Point c Clause 3
of this Article;
b) Confiscating the relic
rehabilitating practice certificate for 3 - 6 months, applicable to the
violations in Point d Clause 3 of this Article.
5. Remedial measures:
a) Enforced transfer of
the profits earned from illegal activities to government budget, applicable to
the violations in Clauses 1, 2, and 3 of this Article;
b) Enforced revocation of
relic rehabilitating practice certificate in case of violation prescribed in
Point a Clause 2 of this Article.
Article 23c.
violations against regulations on certificate of eligibility for relic
rehabilitating practice
1. A fine of from VND
1,000,000 to VND 3,000,000 shall be imposed for failure to apply for reissuance
of a certificate of eligibility for relic rehabilitating practice as
prescribed, except that such certificate expires.
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a) Giving untruthful
documents in application for issuance or reissuance of certificate of
eligibility for relic rehabilitating practice;
b) Making erasures or
correction resulting in change of the certificate of eligibility for relic
rehabilitating practice;
c) Failure to maintain
sufficient holders of relic rehabilitating practice certificates during the
course of operation;
d) Use expired
certificate of eligibility for relic rehabilitating practice.
3. A fine of from VND
25.000.000 to VND 35.000.000 shall be imposed for relic rehabilitating practice
without any certificate of eligibility for relic rehabilitating practice as
prescribed or use a certificate of eligibility for relic rehabilitating
practice of another organization.
4. Suspend certificate of
eligibility for relic rehabilitating practice for 3 - 6 months if such
certificate is used by another organization.
5. Additional penalties:
a) Confiscating the
certificate of eligibility for relic rehabilitating practice for 1 - 3 months,
applicable to the violations in Point c Clause 2 of this Article;
b) Confiscating the
exhibits of violation mentioned in Point b and Point d Clause 2 of this
Article.
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a) Enforced transfer of
the profits earned from illegal activities to government budget, applicable to
the violations in Clauses 1, 2, 3, and 4 of this Article;
b) Enforced revocation of
certificate of eligibility for relic rehabilitating practice in case of
violation prescribed in Point a Clause 2 of this Article.”
28. Article 34 shall be
amended as follows:
“Article 34.
Violations against regulations on the certificate of eligibility to provide
sport services
1. A fine of from VND
1,000,000 to VND 3.000.000 shall be imposed for one of the following
violations:
a) Failure to apply for
reissuance of certificate of eligibility to provide sports services as
prescribed;
b) Failure to return
certificate of eligibility to provide sports services for revocation purpose as
prescribed.
2. A fine of from VND
3,000,000 to VND 5.000.000 shall be imposed for one of the
following violations:
a) Giving untruthful
documents in an application for issuance or reissuance of certificate of
eligibility to provide sports services;
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3. A fine of from VND
5,000,000 to VND 10,000,000 shall be imposed for providing sports services
without any certificate of eligibility to provide sports services as prescribed
or use certificate of eligibility to provide sports services of another
organization.
4. Suspend certificate of
eligibility to provide sports services for 3 – 6 months if the certificate is
used by another business entity.
5. Additional penalties:
Confiscating the exhibits
of violations mentioned in Point b Clause 2 of this Article.
6. Remedial measures:
a) Enforced transfer of
the profits earned from illegal activities to government budget, applicable to
the violations in Clauses 1, 2, 3, and 4 of this Article;
b) Enforced revocation of
certificate of eligibility to provide sports services in case of the violation
prescribed in Point a Clause 2 of this Article.”
29. Point e shall be
added to Clause 1 Article 42 as follows:
“e) Failure to submit
reports to competent authorities as prescribed.”
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“e) Failure to conclude a
written travel service contract with the tourists or their representative;
Failure to conclude a travel agency contract with the agency as prescribed;
g) Enforced information
is omitted in the travel service contract that has been concluded with the
tourists or their representative as prescribed;
h) Failure to provide the
tourists or their representative with the written tour schedule.”
31. Clause 9 Article 42
shall be amended as follows:
“9. A fine of from
40,000,000 VND to 50,000,000 VND shall be imposed for providing international travel
services the license to provide international travel services or using the
license to provide international travel services of another company.”
32. Point a shall be
amended and Point c shall be added to Clause 11 of Article 42 as follows:
“a) Revoking the license
to provide international travel services for 6 - 12 months, applicable to the
violations in Point d and Point dd Clause 4, Point a and c Clause 5, Point c
Clause 6 of this Article;”
“c) Confiscating the
exhibits of violation mentioned in Point d and Point dd Clause 3 of this
Article.”
33. Clause 12 Article 42
shall be amended as follows:
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a) Enforced revocation of
license to provide international travel services in case of violation
prescribed in Point d Clause 6 of this Article;
b) Enforced transfer of
the profits earned from illegal activities to government budget, applicable to
the violations in Point c Clause 5, Point a Clause 6, Points a, b, c, d, ,d dd,
and g Clause 7, Clauses 8, 9, 10 of this Article.”
34. Point e Clause 3
Article 44 shall be amended as follows:
“e) Providing false
information about the documents in the application for the issuance or
replacement of the tour guide’s card or narrator’s certificate;”
35. Points b, c and d
Clause 7 Article 44 shall be amended as follows:
“b) Revoking the tour
guide’s card for 6 - 12 months, applicable to the violations in Point c Clause
3, Point b Clause 4, Points b and c Clause 5 of this Article;
c) Revoking the
narrator’s certificate for 6 - 12 months, applicable to the violations in Point
c and Clause 3 of this Article;
d) Compulsory
confiscation of the exhibits of violation mentioned in Points d and dd Clause
3, Points a and dd Clause 4 of this Article.”
36. Clause 8 Article 44
shall be amended as follows:
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a) Enforced revocation of
tour guide’s card, narrator’s certificate in case of violation prescribed in
Point e Clause 3 of this Article;
b) Enforced transfer of
the profits earned from illegal activities to government budget, applicable to
the violations Point e Clause 4 and Point b Clause 5 of this Article.”
37. Clause 10 Article 45
shall be amended as follows:
“10. Remedial measures:
b) Enforced transfer of
the profits earned from illegal activities to government budget, applicable to
the violations Points b and c Clause 6 and Clause 7 of this Article;
b) Enforced destruction
of the exhibits of violation mentioned in Point b Clause 5 of this Article.”
38. Points b, c and d
Clause 6 Article 48 shall be amended as follows:
“b) Failure to assign
personnel to supervise the tourism environment protection as prescribed;
c) Failure to put up the
license plate of standard tourist vehicle or license plate of inland passenger
watercraft as prescribed;
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39. Point a shall be
amended and Point c shall be added to Clause 7 of Article 48 as follows:
“a) Using fake license
plates on tourist buses or fake licenses plates on inland passenger watercraft
for business purpose;”
“c) Giving untruthful
documents in application for issuance of license plates to tour vehicles.”
40. Clause 8 and Clause 9
shall be added to Article 48 as follows:
“8. Additional penalties:
Confiscating exhibits of
violations in case of using expired certificate of training in tourism industry
as prescribed in Point d Clause 6; Point a Clause 7 of this Article.
9. Remedial measures:
a) Compulsory revocation
of license plates issued to tour vehicles in case of violation prescribed in
Point c Clause 7 of this Article;
b) Enforced transfer of
the profits earned from illegal activities to government budget, applicable to
the violations in Point a Clause 1 of this Article.”
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“5. Remedial measures:
Enforced transfer
of the profits earned from illegal activities to government budget, applicable
to the violations in Clause 2 of this Article.”
42. Clause 1 and Point b
Clause 2 Article 51 shall be amended as follows:
“1. A fine shall be
imposed for hanging, placing, fixing, or painting advertisements on electric
posts, traffic light posts, and trees in public places as follows:
a) A fine of from VND
1,000,000 to VND 2,000,000 shall be imposed for a person hanging, placing,
fixing, or painting advertisements of products, goods, services;
b) A fine of from VND
5,000,000 to VND 10.000.000 shall be imposed for owners of the products, goods,
services;”
“b) Using advertisements
that affect the landscape, traffic safety, or social order, except for the case
mentioned in Clause 1 of this Article, Clause 1 and Clause 3 Article 61, Point
a Clause 2 Article 63, Clause 3 Article 66 of this Decree;”
43. Point c shall be
added to Clause 1 Article 55 as follows:
“c) Directly posting
advertisements on the website of a foreign entity that provide cross-border
advertising services without through an advertising service provider lawfully
operating in Vietnam.”
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“c) The advertisement on
the bloc calendar exceeds the permissible space or advertising contents or
images in the bloc calendar are not appropriate to Vietnam’s fine traditions;”
45. Point b and Point c
Clause 3 of Article 59 shall be amended as follows:
“b) Placing
advertisements on one of the second, third, or fourth cover page of a
book-based publication or a book-based non-business document, except the
advertisements for the authors, works, publishers and advertising books;
c) Placing advertising in
the first cover page of a book-based publication or a book-based non-business
document , except for advertising books;"
46. Clause 4 Article 59
shall be amended as follows:
“4. A fine of from VND 15,000,000
to VND 30,000,000 shall be imposed for advertising on administrative maps,
valuable papers, certificates, and state management documents.”
47. Point c shall be
amended and Point d shall be added to Clause 1 of Article 60 as follows:
“c) Provide incorrect
advertisement contents on the board or banner for competent authorities in the
locality where the advertisement is placed;
d) Putting advertisement
on the board or banner without prior consent of competent authorities in the
locality where the advertisement is placed after the advertisement contents
have been notified.”
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“c) Failure to provide
advertisement contents on the board or banner for competent authorities in the
locality where the advertisement is placed.”
49. Article 61 shall be
amended as follows:
“Article 61.
Violations against regulations on advertisements affecting landscape, traffic
order, social security and means of transport
1. Warnings or fines of
from VND 2,000,000 to VND 500,000 for handing out leaflets that affect
landscape, traffic order, and social security.
2. A fine of from VND
2,000,000 to VND 5.000.000 shall be imposed for one of the
following violations:
a) Placing advertisements
in the front, back, or top of the vehicle;
b) The advertisement
exceeds the permissible area for advertisement on a side of the vehicle.
3. Warnings or fines of
from VND 5,000,000 to VND 10,000,000 for owners of products, goods, or services
adverted on leaflets that affect landscape, traffic order, and social security.
4. Remedial measures:
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50. Clause 4 Article 66
shall be amended as follows:
“4. Remedial measures:
Enforced removal of
the signboards mentioned in Clauses 1, Points a, b, c, d and g Clause 2, and 3
of this Article.”
51. Clause 1 Article 67
shall be amended as follows:
“1. A fine of from VND
15,000,000 to VND 20,000,000 shall be imposed for advertising
special goods and services without having the advertisements contents certified
by competent authorities before showing the advertisements.”
52. Point a Clause 3
Article 68 shall be amended as follows:
“a) Advertising medicines
in contravention of the contents certified by the competent authority;
advertising the medicines before the application is granted; advertising
medicines according to expired documents; advertising medicines before
submitting the application for medicine advertisements to the competent
authority;”
53. Point c Clause 2
Article 70 shall be amended as follows:
"c) Advertising on
electronic equipment at the public; dispensing the audio and video recordings
or data storage devices that contain information about foods or food additives
at a fair, seminar, conference, or exhibition in contravention of the
application for declaration of conformity with regulations on food safety and
application for confirmation of advertisement contents.”
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“a) Advertising foods in
the form of articles written by physicians, pharmacists, or health workers
claiming the foods can cure diseases; using the image, reputation or letters of
medical facilities or health workers, or gratitude letters of patients to
advertise foods;”
55. Point c shall be
added to Clause 4 Article 70 as follows:
“c) Advertising
functional foods in a form of listing uses of each product’s ingredients.”
56. Article 77a shall be
added as follows:
“Article 77a.
Violations against regulations on advertising fertilizers, biological
preparations for farming use
1. A fine of from VND
10,000,000 to VND 15,000,000 shall be imposed for advertising fertilizers,
biological preparations for farming use not in accordance with product quality
certificate or declaration of product quality.
2. A fine of from VND
15,000,000 to VND 20,000,000 shall be imposed for advertising fertilizers,
biological preparations for farming use without any of the following contents:
a) Names of fertilizers
or biological preparations;
b) Origin, materials used
in processing;
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3. Remedial measures:
a) Enforced rectification
of the information mentioned in Clause 1 and Clause 2 of this Article;
b) Enforced removal of
the advertisements mentioned in Clause 1 and Clause 2 of this Article.”
57. Article 81 shall be
amended as follows:
“Article 81. The power
to impose penalties for administrative violations of inspectorate
1. Inspectors and persons
appointed as specialized inspectors in the performance of their duty are
entitled to:
a) Issue warnings;
b) Impose fines of up to
500,000 VND;
c) Confiscate the illegal
items, the value of which must not exceed the amount mentioned in Point b of
this Clause;
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2. Chief Inspector of
Provincial Departments, Chiefs of inspectorates of provincial authorities;
Chief Inspector of Civil Aviation Authority, Chief Inspector of Maritime
Administration, Directors of Food Safety and Hygiene Department affiliated to
Service of Health, Directors of Provincial Crop Production and Plant,
Veterinary Medicine, Fisheries, Quality management of agro-forestry and fishery
products, irrigation, dike maintenance, forestry, rural development affiliated
to the Service of Agriculture and Rural development, Director of Regional
Frequency Center are entitled to:
a) Issue warnings;
b) Impose fines of up to
VND 25,000,000 for the administrative violations pertaining to culture,
sports and tourism; impose fines of up to VND 50,000,000 for the administrative
violations pertaining to advertising;
c) Suspend the license,
the practicing certificate, or the operation;
d) Confiscate the illegal
items, the value of which must not exceed the amount mentioned in Point b of
this Clause;
dd) Enforce the remedial
measures mentioned in Article 2 of this Decree.
3. The Chiefs of
specialized inspectorate teams at Ministerial level have rights:
a) Issue warnings;
b) Impose fines of up to
VND 35,000,000 for the administrative violations pertaining to culture,
sports and tourism; impose fines of up to VND 70,000,000 for the administrative
violations pertaining to advertising;
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d) Confiscate the illegal
items, the value of which must not exceed the amount mentioned in Point b of
this Clause;
dd) Enforce the remedial
measures mentioned in Article 2 of this Decree.
4. Ministerial Chief
Inspector, Director General of Directorate for Roads of Vietnam, Director
General of the Directorate for Standards, Metrology, and Quality, Director
General of Irrigation, Director General of Environment, Director General of
Land Management, Director of Vietnam Railway Authority, Director of Vietnam
Inland Waterway Administration, Director of Vietnam Maritime Administration,
Director of Civil Aviation Authority of Vietnam, Director of Department of
Animal Health, Director of Plant Protection Department, Director of Department
of Crop Production, Director of Livestock Production Department, Director of
Radio Frequency Department, Director of Vietnam Telecommunications Authority,
Director of Department of Radio and Television and Electronic Information,
Director of Press Department, Director of Department of Publishing, Printing
and Release, Director of Pharmacy Management Department, Director of Medical
Examination and Treatment Department, Director of Department of Environmental
Health Management, Director of General Department of Preventive Medicine,
Director of Department of Food Safety and Hygiene are entitled to:
a) Issue warnings;
b) Impose fines of up to
VND 50,000,000 for the administrative violations pertaining to culture,
sports and tourism; impose fines of up to VND 100.000.000 for the
administrative violations pertaining to advertising;
c) Suspend the license,
the practicing certificate, or the operation;
d) Confiscate the illegal
items;
dd) Enforce the remedial
measures mentioned in Article 2 of this Decree.”
58. Article 83 shall be
amended as follows:
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1. The border guard
officers have the power to impose penalties and enforce remedial measures for
administrative violations specified in Point b Clause 7 Article 23; Article 50;
Points a, b and c Clause 2, Clauses 3, 4, 5 and 6 Article 51; Points a and b
Clause 1 Article 52; Article 53; Article 61; Point d Clause 3 Article 68; Point
c Clause 3 Article 69; Point a Clause 2 Article 72; Point b Clause 1 Article
75; Clause 2 Article 77a and Clause 1 Article 78 of this Decree in accordance
with Article 83a of this Decree and their assigned functions, tasks, powers.
2. The coastguard
officers have the power to impose penalties and enforce remedial measures for
administrative violations specified in Point b Clause 7 Article 23; Article 50;
Points a, b and c Clause 2, Clauses 3, 4, 5 and 6 Article 51; Points a and b
Clause 1 Article 52; Article 53; Article 61; Point d Clause 3 Article 68; Point
c Clause 3 Article 69; Point a Clause 2 Article 72; Point b Clause 1 Article
75; Clause 2 Article 77a and Clause 1 Article 78 of this Decree in accordance
with Article 83b of this Decree and their assigned functions, tasks, powers.
3. The customs officials
have the power to impose penalties and enforce remedial measures for
administrative violations specified in Point b Clause 7 Article 23; Article 50;
Points a, b and c Clause 2, Clauses 3, 4, 5 and 6 Article 51; Points a and b
Clause 1 Article 52; Article 53; Article 61; Point d Clause 3 Article 68; Point
c Clause 3 Article 69; Point a Clause 2 Article 72; Point b Clause 1 Article
75; Clause 2 Article 77a and Clause 1 Article 78 of this Decree in accordance
with Article 83c of this Decree and their assigned functions, tasks, powers.
4. Market surveillance
officers have the power to impose penalties and enforce remedial measures for
administrative violations specified in Articles 5, 6, 7 and 9; Points a and d
Clause 1, Clauses 2, 3, 4, and 5 Article 10; Articles 11 and 12; Article 18;
Point b Clause 1, Point a Clause 2 Article 19; Point a Clause 1 Article 22;
Clause 7 Article 23; Points b and d Clause 2, Point g Clause 3, Point c Clause
6 and Clause 7 of Article 45; Article 46; Article 50; Point a Clause 3, Point b
Clause 4, Points a, b and c Clause 5 Article 51; Points a and b Clause 1
Article 52; Article 53; Articles 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 77a
and 78 of this Decree in accordance with Article 83d of this Decree and their
assigned functions, tasks, powers.
5. Inspectors have the
power to impose penalties for administrative violations and enforce the
remedial measures in accordance with this Decree as follows:
a) Inspectors of Culture,
Sports and Tourism, inspectors of Culture and Sports, inspectors of Tourism
have power to impose penalties for administrative violations and enforce remedial
measures as prescribed in Chapter II and Chapter III of this Decree in
accordance with Article 81 of this Decree;
b) Inspectors of
Information and Communications have power to impose penalties for
administrative violations and enforce remedial measures as prescribed in Clause
5 Article 6; Point c Clause 1 Article 45; Section 1, Section 2 and Section 4
Chapter III of this Decree in accordance with Article 81 of this Decree and
their assigned functions, tasks, powers;
c) Inspectors of Health
have power to impose penalties for administrative violations and enforce
remedial measures as prescribed in Point c Clause 2 Article 35; Article 38;
Articles 67, 68, 69, 70, 71, 72, 73 and 74 of this Decree in accordance with
Article 81 of this Decree and their assigned functions, tasks, powers;
d) Inspectors of
Agriculture and Rural Development have power to impose penalties for
administrative violations and enforce remedial measures for violations against
advertisement on boards and banners not accordance with dike maintenance areas
as prescribed in Point c Clause 3 Article 60; violations in Articles 67, 75,
76, 77, 77a and 78 of this Decree in accordance with Article 81 of this Decree
and their assigned functions, tasks, powers;
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e) Inspectors of
Transport have power to impose penalties for administrative violations and
enforce remedial measures for violations as prescribed in Clause 3 Article 35;
failure to obtain a certificate of vehicle registration, certification of
vehicle’s technical safety specified in Clause 2 Article 36; Point a Clause 1
of Article 39; failure to send reports on tourist travel to competent
authorities as prescribed in Point b Clause 1, Clauses 2, 3, 4, 5, Point c and
Point d Clause 6 and Clause 7 of Article 48; Point b Clause 2 Article 51;
advertisements on boards and banners not in accordance with traffic safety corridor;
advertisements obstructing traffic lights; advertisements stretching across
traffic roads as prescribed in Point c Clause 3 Article 60; Article 61; Point b
Clause 3 Article 66 of this Decree in accordance with Article 81 of this Decree
and their assigned functions, tasks, powers;
g) Inspectors of science
and technology shall have power to impose penalties for administrative
violations and enforce remedial measures for failure to use tools and equipment
without certificates of quality measurement standards as prescribed in Clause 2
Article 36 of this Decree in accordance with Article 81 and their assigned
functions, tasks, powers;
h) Inspectors of Labor,
War Invalids and Social Affairs have power to impose penalties for
administrative violations and enforce remedial measures for violations as
prescribed in Point c Clause 3, Point d Clause 4 Article 42; Article 38; Point
a Clause 3 Article 44 and Article 49 of this Decree in accordance with Article
81 of this Decree and their assigned functions, tasks, powers;
i) Inspectors of Natural
Resources and Environment have power to impose penalties for administrative
violations and enforce remedial measures for violations as prescribed in Point
b Clause 5 Article 23; Point c Clause 3 Article 35; failure to send reports on
tourism environment protection to competent authorities as prescribed in Point
b Clause 1 Article 48; Point a Clause 1 Article 62 of this Decree in accordance
with Article 81 of this Decree and their assigned functions, tasks, powers;
59. Article 83a, 83b, 83c
and 83d shall be added as follows:
“Article 83a. The
power to impose penalties for administrative violations of the Border guard
1. The border guard
soldiers in the performance of their duty are entitled to:
a) Issue warnings;
b) Impose fines of up to
VND 500,000.
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a) Issue warnings;
b) Impose fines of up to
VND 2.500.000.
3. Captains of border
guard stations, leaders of coastal guard teams, commanders of border guard at
checkpoints and commanders of border guard at harbor checkpoints are entitled
to:
a) Issue warnings;
b) Impose fines of up to
VND 10,000,000 for administrative violations pertaining to culture;
c) Confiscate the illegal
items, the value of which must not exceed the amount mentioned in Point b of
this Clause;
d) To apply remedial
measures specified in Points a and dd Clause 1 Article 28 of the Law on Actions
against administrative violations and Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10
Article 2 of this Decree.
4. Captains of provincial
border guard command centers, commanders of coastal guard fleets affiliated to
the Border Guard Headquarters are entitled to:
a) Issue warnings;
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c) Suspend the license,
the practicing certificate, or the operation;
d) Confiscate the illegal
items;
dd) Enforce remedial
measures specified in Points a and dd Clause 1 Article 28 of the Law on Actions
against administrative violations and Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10
Article 2 of this Decree.
Article 83b. The power
to impose penalties for administrative violations of the Coastguard
1. Coastguard officers in
the performance of their duty are entitled to:
a) Issue warnings;
b) Impose fines of up to
VND 1.000.000 for administrative violations pertaining to culture.
2. Coastguard team
leaders are entitled to:
a) Issue warnings;
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3. Coastguard squad
leaders and captains of coastguard stations are entitled to:
a) Issue warnings;
b) Impose fines of up to
VND 5.000.000 for administrative violations pertaining to culture;
c) Enforce the remedial
measures mentioned in Point a and Point dd Clause 1 Article 28 of the Law on
Actions against administrative violations.
4. Commanders of
coastguard platoons are entitled to:
a) Issue warnings;
b) Impose fines of up to
VND 10,000,000 for administrative violations pertaining to culture;
c) Confiscate the illegal
items, the value of which must not exceed the amount mentioned in Point b of
this Clause;
d) Enforce remedial
measures specified in Points a and dd Clause 1 Article 28 of the Law on Actions
against administrative violations and Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10
Article 2 of this Decree.
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a) Issue warnings;
b) Impose fines of up to
VND 15,000,000 for administrative violations pertaining to culture;
c) Confiscate the illegal
items, the value of which must not exceed the amount mentioned in Point b of
this Clause;
d) Enforce remedial
measures specified in Points a and dd Clause 1 Article 28 of the Law on Actions
against administrative violations and Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10
Article 2 of this Decree.
7. Commander of
Coastguard Headquarters is entitled to:
a) Issue warnings;
b) Impose fines of up to
VND 25,000,000 for administrative violations pertaining to culture;
c) Confiscate the illegal
items, the value of which must not exceed the amount mentioned in Point b of
this Clause;
d) Enforce remedial
measures specified in Points a and dd Clause 1 Article 28 of the Law on Actions
against administrative violations and Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10
Article 2 of this Decree.
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a) Issue warnings;
b) Impose fines of up to
VND 50,000,000 for administrative violations pertaining to culture;
c) Suspend the license,
the practicing certificate, or the operation;
d) Confiscate the illegal
items;
dd) Enforce remedial
measures specified in Points a, b and dd Clause 1 Article 28 of the Law on
Actions against administrative violations and Clauses 1, 2, 3, 4, 5, 6, 7, 8,
9, and 10 Article 2 of this Decree.
Article 83b. The power
to impose penalties of the customs
1. Customs officials in
the performance of their duty are entitled to:
a) Issue warnings;
b) Impose fines of up to
VND 500,000.
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a) Issue warnings;
b) Impose fines of up to
VND 5,000,000.
3. Directors of
Sub-departments of Customs, Sub-departments of Post-Clearance Inspection, team
leaders of Provincial Customs Departments, smuggling prevention team leaders,
customs procedures team leaders, leaders of customs control teams at sea and
leaders of intellectual property right protection teams of the Smuggling
Investigation and Prevention Department of the General Department of Customs
are entitled to:
a) Issue warnings;
b) Impose fines of up to
VND 25,000,000;
c) Confiscate the illegal
items, the value of which must not exceed the amount mentioned in Point b of
this Clause;
d) Enforce remedial
measures specified in Points dd and I Clause 1 Article 28 of the Law on Actions
against administrative violations and Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10
Article 2 of this Decree.
4. Director of the
Smuggling Investigation Department, Director of the Post-clearance Inspection
Department affiliated to the General Department of Customs, Director of
Provincial Customs Departments are entitled to:
a) Issue warnings;
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c) Suspend the license,
the practicing certificate, or the operation;
d) Confiscate the illegal
items, the value of which must not exceed the amount mentioned in Point b of
this Clause;
dd) Enforce remedial
measures specified in Points dd and i Clause 1 Article 28 of the Law on Actions
against administrative violations and Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10
Article 2 of this Decree.
5. The Director of the
General Department of Customs is entitled to:
a) Issue warnings;
b) Impose fines of up to
VND 50,000,000 for administrative violations pertaining to culture;
c) Confiscate the
exhibits and means of administrative violations;
d) Enforce remedial
measures specified in Points dd and I Clause 1 Article 28 of the Law on Actions
against administrative violations and Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10
Article 2 of this Decree.
Article 83d. The power
to impose penalties for administrative violations of market surveillance
authorities
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a) Issue warnings;
b) Impose fines of up to
VND 500,000.
2. Leaders of market
surveillance teams are entitled to:
a) Issue warnings;
b) Impose fines of up to
VND 25,000,000;
c) Confiscate the illegal
items, the value of which must not exceed the amount mentioned in Point b of
this Clause;
d) Enforce remedial
measures specified in Points a, dd, e, h and i Clause 1 Article 28 of the Law
on Actions against administrative violations and Clauses 1, 2, 3, 4, 5, 6, 7,
8, 9, and 10 Article 2 of this Decree.
3. Director of Market
Surveillance Departments of Provincial Departments of Industry and Trade,
managers of departments affiliated to Market Surveillance Agency are entitled
to:
a) Issue warnings;
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c) Confiscate the illegal
items, the value of which must not exceed the amount mentioned in Point b of
this Clause;
d) Suspend the license,
the practicing certificate, or the operation;
dd) Enforce remedial
measures specified in Points a, dd, e, h and i Clause 1 Article 28 of the Law
on Actions against administrative violations and Clauses 1, 2, 3, 4, 5, 6, 7,
8, 9, and 10 Article 2 of this Decree.
4. Director of Market
Surveillance Agency is entitled to:
a) Issue warnings;
b) Impose fines of up to
VND 50,000,000 for the administrative violations pertaining to culture,
sports and tourism; impose fines of up to VND 100.000.000 for the
administrative violations pertaining to advertising;
c) Confiscate the
exhibits and means of administrative violations;
d) Suspend the license,
the practicing certificate, or the operation;
dd) Enforce remedial
measures specified in Points a, dd, e, h and i Clause 1 Article 28 of the Law
on Actions against administrative violations and Clauses 1, 2, 3, 4, 5, 6, 7,
8, 9, and 10 Article 2 of this Decree.”
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1. Point b Clause 1 and
Point b Clause 2 Article 10; Point b Clause 4 Article 13; Point c Clause 5
Article 23; Point c Clause 2 Article 24; Clause 2 and Clause 3 Article 38;
Point d Clause 1, Point a and Point b Clause 2, Point b Clause 3 Article 42;
Point a Clause 7 Article 44; Point a Clause 6 Article 51; Point dd and Point e
Clause 2 Article 66 and Point b Clause 2 Article 76 of the Government's Decree
No. 158/2013/ND-CP dated November 12, 2013 on penalties for administrative
violations against regulations in the areas of culture, sports, tourism, and
advertisement shall be annulled.
2. The phrase “trên môi
trường Internet” (“in the Internet environment”) shall be replaced with “trên
môi trường mạng” (“in the network environment”) prescribed in Clause 3 Article
3, Point b Clause 3 Article 10, Clause 2 Article 12, Clause 2 Article 15,
Clause 2 Article 18, Point b Clause 3 Article 21, Point b Clause 3 Article 22,
Clause 2 Article 23, Clause 2 Article 24, Clause 2 Article 25, Clause 2 Article
26, Clause 2 Article 27, Clause 2 Article 28, Clause 4 Article 29, Clause 2
Article 30, Clause 2 Article 31, Clause 2 Article 32, Clause 2 Article 33, and
Clause 3 Article 34 of the Government's Decree No. 131/2013/ND-CP dated October
16, 2013 on penalties for administrative violations against copyrights and
related rights.
Article
4. Entry into force
1. This Decree comes into
force from May 5, 2017.
2. If an administrative
violation against copyright and related rights or an administrative violation
against culture, sports, tourism and advertisement committed before the
effective date of this Decree is identified thereafter or is being considered
for settlement, regulations deemed beneficial to violators shall prevail.
Article
5. Responsibility for implementation of the Decree
1. The Ministry of
Culture, Sports and Tourism shall assume the prime responsibility for, and
coordinate with relevant Ministries and sectors in guiding and organizing
implementation of this Decree.
2. Ministers, Heads of
ministerial-level agencies, Heads of Governmental agencies, chairpersons of
People’s Committees of provinces and central-affiliated cities shall implement
this Decree./.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc