Nghị định 02/2011/NĐ-CP xử phạt VPHC trong hoạt động báo chí, xuất bản

DECREE

PROVIDES FOR HANDLING OF ADMINISTRATIVE VIOLATIONS IN PRESS AND PUBLISHING ACTIVITIES

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

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 December 3, 2004 Publishing Law; and the June 03, 2008 Law Amending and Supplementing a Number of Articles of the Publishing Law;

Pursuant to the November 29, 2005 Intellectual Property Law; the June 19, 2009 Law Amending and Supplementing a Number of Articles of the Intellectual Property Law;

Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations; the April 02, 2008 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations;

Pursuant to the November 16, 2001 Advertisement Ordinance;

At the proposal of the Minister of Information and communications,

DECREES:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides acts of violations, forms, rate of handling violations and powers for handling of administrative violations in press and publishing activities.

2. Administrative violations in press and publishing activities mean individuals’ or organizations’ acts of intentionally or unintentionally violating law regulations on state management in press and publishing activities which are not serious enough for penal liability examination and according to regulations of law, it must be administratively sanctioned (hereinafter collectively called as individuals, organizations).

3. Administrative violations in press and publishing activities providing in this Decree comprise: acts of violating in press information activities (printed, audio, visual and electronic press, activities of pay television, publishing of special issues, bulletins, documents, leaflets, circulation of press releases, display of news on electronic screens, activity of information supply and activities relating to receiving television signal directly from the satellite); publishing activities; import and export of press, publishing products; advertisement in press and publishing information activities.

Article 2. Subjects of application

This Decree applies to domestic and foreign agencies, organizations, individuals who have acts of violations in press and publishing activities in Vietnam.

Article 3. Forms of handling of administrative violationsand remedies

1. For each act of administrative violation, committed organization, individual must bear one of main forms of sanction as follows:

a) Warning;

b) Sanction in money.

2. Depending on the nature and seriousness of violations, organizations, individuals committing administrative violations may also be applied one or more forms of following additional sanctions:

a) Striping of the right to use all type of licenses, certificates, press cards with time-limit or timeless;

b) Confiscating material evidences, means used for administrative violation.

3. Besides forms of handling main sanctions, additional sanctions as provided in clause 1, 2 of this Article, organizations, individuals committing administrative violations may also be applied one or more remedies as specifically provided in the Articles of this Decree.

Chapter 2.

ACTS OF VIOLATIONS IN PRESS AND PUBLISHING ACTIVITIES, SANCTION FORMS AND LEVELS

ITEM 1. VIOLATIONS IN PRESS AND PUBLISHING ACTIVITIES

Article 4. Violations of regulations on license of press activity

1. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:

a) Failing to comply with the provisions of permits in the license;

b) Publishing activitiesdo not comply with the right purpose, programs approved in the license of press activity issued by the competent agency for foreign journalist.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:

a) Establishing representative agency, permanent residing agency of the press agency while has not approved in writing yet by the competent State management agency;

b) Publishing bulletins without license;

c) Publishing, circulating documents, leaflets, printed products without license over foreign agencies, organizations, foreign element-concerning entities in Vietnam;

d) Publishing supplement, additional issues specializing in advertisement without license;

đ) Advertising continuously over 10 minutes on radio, television program without license;

e) Putting picture box, information box, panels, in front of foreign representative agency’s head office when has not permitted yet by the competent state management agency;

g) Vietnam-based foreign agencies, organizations organize to display films, exhibitions, workshops and other activities relating to the presses who invite Vietnam citizens to participate in without permission of the competent state management agency;

h) Modifying, erasing licenses.

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 without license for foreign agencies, organizations, Vietnam-based foreign element-concerning entities;

b) Publishing special issues, supplements, specialized issues, increasing pages without license;

c) Launching additional channels, adding programs without license;

d) Displaying news on electronic screens without license.

4. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for the acts of press activities without license issued by the competent agency to foreign journalists.

5. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the following acts:

a) Publishing printed press or electronic press without license of press activities as provision;

b) Broadcasting radio, television program without license of press activities as provision;

c) Faking license of press activities; of publishing special issues, supplement, specialized issues, of publishing bulletins, documents, leaflets.

6. Forms of additional sanction:

Confiscating material evidences, means of violation for the acts provided in points b, c, d, e, g clause 2, 3, 4 and 5 of this Article.

Article 5. Committing violations of regulations on press card, professional activitiesof journalists

1. Warning or fining between VND 1.000.000 and 3.000.000 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 which were modified or erased;

d) Using invalid foreign press cards or carrying out press activities without foreign press cards issued by the competent agency.

2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for the act of faking journalist, correspondent for carrying out press activities aiming at seeking benefits.

3. A fine of between VND 5.000.000 and 10.000.000 shall be imposed for the act of abusingthejournalist’s capacity aiming at seeking benefit or interfering illegally or obstructing lawful activities of agencies, organizations and individuals.

4. Additional sanction forms:

a) Confiscating press cards for the acts provided in pointb, c and d clause 1 of this Article;

b) Striping of the right to use press cards within 180 days for the acts provided in point a clause 1 of this Article;

c) Striping of the right to use press cards timeless for the acts provided in clause 3of this Article.

Article 6. Act of obstructing illegally press activities

1. A fine of between VND 5.000.000 and 10.000.000 shall be imposed for the act of hurting journalist’s honor, dignity while carrying out lawfully his/her professional activities.

2. A fine of between VND 10.000.000 and 20.000.000 shall be imposed for the act of obstructing journalist carrying out lawfully his/her professional activities.

3. A fine of between VND 20.000.000 and 30.000.000 shall be imposed for one of the following acts:

a) Threatening, frightening journalist’s life;

b) Destroying, intentionally causing damage or taking and keeping illegally means, documents ofpressactivities of journalist.

4. Remedies for overcoming consequences:

a) Forcing to apologize for the acts provided in clause 1, 3 of this Article;

b) Forcing to return means, documents taken and kept illegally for the act provided in point b clause 3 of this Article.

Article 7. Committing violations of regulations on information contents

1. Warning or fining between VND 1.000.000 and 3.000.000 shall be imposed for one of the following acts:

a) Failing to quote information source when publishing, broadcasting on press;

b) Failing to state clearly full name or pseudonym of writer, group of writers of news, article when using them to publish, broadcast on press;

c) Using news, article in order to publish, broadcast on press but not knowing clearly writer’s real name, address.

2. A fine of between VND 3.000.000 and 5.000.000 shall be imposed for the following acts:

a) Notifying improper information but not yet serious;

b) Illustrating, posting unsuitable information contents making readers misunderstand them;

c) Posting, broadcasting information on mysterious matters, new scientific matters on special research magazines but failing to note and quote for documents’ origin;

d) Disclosing personal secrets of a person without permission of such person or his/her relative except otherwise provided for by law;

đ) Publishing private letters, documents of individual without permission of legal owner of such letters, documents except otherwise provided for by law;

e) Posting, broadcasting picture of individual without permission of such person or his/her relative, except the case finding relatives of victims, picture of the person who has been sued for penal offence or executing sentenced penalty, pictures of collective activities.

3. A fine of between VND 10.000.000 and 20.000.000 shall be imposed for the following acts:

a) Describing in detail the acts of obscene, non-humanitarian terrific killing in the news, articles, pictures;

b) Broadcasting, issuing news; articles; pictures of persons in the state of sexual stimulation, nude, nonsense uncovered clotheswhich undermine fine customs and practices;

c) Promulgation of depraved customs, superstition;

d) Posting, broadcasting information on the press that is not the special research magazines on mysterious matters, new scientific matters without having made conclusion yet;

đ) Posting, broadcasting information on personal identity and individual’s relationships in the negative cases when having not basis evidencing that the relatives and such relationships relating to such negative cases or having not made conclusion yet by the competent state agency;

e) Exploiting documents, papers of organizations; documents, private letters of individuals relating to the case which is being investigated or has not been judged, the negative cases or the cases having signals of committing violation of law which are waiting for conclusion of the competent state management agency but failing to state clearly such documents, private letter’s origin.

4. A fine of between 20.000.000 and 30.000.000 shall be imposed for the following acts:

a) Issuing improper information causing serious effect;

b) Posting, broadcasting Vietnam map not showing sufficiently or showing untruthfully the nation’s sovereignty.

5. A fine of between 30.000.000 and 40.000.000 shall be imposed for the following acts:

a) Posting, broadcasting works which had decision on circulation banning or strip;

b) Posting, broadcasting information breaching clause 1 Article 6 of Press Law and the Law Amending and Supplementing a Number of Articles of the Press Law;

c) Posting, broadcasting information breaching clause 1, 2, 3 Article 10 of the Press Law but that is not too serious for examine for penal liability.

6. Additional sanction forms:

a) Confiscating material evidences, means of violation for the acts provided in clause 3, 4 and 5 of this Article in case of causing serious consequence;

b) Striping of the right to use license from 90 days to 180 days for the acts provided in clause 5 of this Article;

c) Striping of the right to use press card timeless toward the journalist who conducted the acts provided in clause 4, 5 of this Article.

7. Remedies of overcoming consequence:

Forced to correct, apologize for the acts provided in points a, b, d, đ, e clause 2, point đ clause 3 and clause 4, 5 of this Article.

Article 8. Committing violations of regulations on information supply to the press and the use of information of the press

1. Warning or a fine of between VND 1.000.000 and 3.000.000 shall be imposed for the following acts:

a) Obstructing the supply of information to the press of organizations, citizens;

b) Failing to supply information to the Press according to provision in Article 7 of the Press law.

2. A fine of between VND 3.000.000 and 5.000.000 shall be imposed for the acts of using individual’s statement which is not aiming at answering for the interviews in the conferences, meetings, discussions, talking in order to transform into an interview article without permission of such individual.

3. A fine of between VND 5.000.000 and 10.000.000 shall be imposed for one of the following acts:

a) Self-willed adding to, cutting from or showing the wrong opinions of the person who answered the interview on press;

b) Failing to conduct the requirement of reconsideration to the contents of the interview of the person who answered before posting, issuing its interviewing contents on press;

c) Adding to, cutting from that causing the wrong contents of written conclusion on the cases of the competent state management agency when posting, broadcasting on press.

4. Remedies of overcoming consequence:

a) Forced to apologize to and post the sufficient and true contents of the interview answer for the acts provided in point a clause 3 of this Article;

b) Forced to apologize to and post the sufficient and true contents of written conclusion on the cases of the competent state management agency for the acts provided in point c clause 3 of this Article.

Article 9. Committing violations of regulations on correction on press

1. Warning or a fine of between VND 1.000.000 and 3.000.000 shall be imposed for one of the following acts:

a) Conducting correction not in compliance with provisions on location, area and time volume and size;

b) Conducting not in compliance with provisions on posting statements of organizations, individuals relating to press works.

2. A fine of between VND 3.000.000 and 5.000.000 shall be imposed for the act of correction not in compliance with provided time.

3. A fine of between VND 5.000.000 and 10.000.000 shall be imposed for one of the following acts:

a) Failing to correct as provided;

b) Failing to posting, broadcasting contents of conclusion of the competent state management agency on the contents of posted information.

4. Remedies of overcoming consequence:

a) Forced to correct for the acts provided in point a clause 3 of this Article;

b) Failing to posting, broadcasting contents of conclusion of the competent state management agency on the wrong contents of information posted, broadcasted for the acts provided in point b clause 3 of this Article.

Article 10. Committing violations of regulations on press meetings

1. A fine of between VND 1.000.000 and 3.000.000 shall be imposed for one of the following acts:

a) Holding press meetings without sending prior notices in writing or such notices made not in accordance with provided time;

b) Holding press meetings with contents in violation of functions, duties, and objects of such organization.

2. A fine of between VND 10.000.000 and 20.000.000 shall be imposed for the act of holding press meeting without approval of the state management agency on press or when had suspension order.

3. A fine of between VND 20.000.000 and 30.000.000 shall be imposed for the act of holding press meeting with contents of wrong, distortion, slander aiming at hurting honor of organizations, citizens’ dignity.

4. A fine of between VND 30.000.000 and 40.000.000 shall be imposed for the act of holding press meeting with contents committing violation of provisions in clauses1, 2 and 3 Article 10 of the Press Law.

Article 11. Committing violations of regulations on display of press, information products

1. Warning or a fine of between VND 1.000.000 and 3.000.000 shall be imposed for one of the following acts:

a) Failing to write in full or in compliance with provisions on deposit on press, information products;

b) Displaying page 1, front cover page of newspapers, magazines, special issues, news, document, leaflets not in compliance with contents of press, information products.

2. Additional sanction form:

Confiscating press information products for the acts as provided in point b clause 1 of this Article in case of causing serous consequence.

Article 12. Committing violations of regulations on circulation of press, information products

1. Warning or a fine of between VND 1.000.000 and 3.000.000 shall be imposed for one of the following acts:

a) Failingto print selling prices on press, information products;

b) Selling press, information products which used for internal circulation.

2. A fine of between VND 3.000.000 and 5.000.000 shall be imposed for one of the following acts:

a) Obstructing the lawful distribution of press, information products;

b) Selling illegally imported press, information products;

c) Distributing press products without publishing license.

3. A fine of between VND 10.000.000 and 20.000.000 shall be imposed for the act of distributing press, information products not permitted for circulation or subject to the decisions of withdrawal, confiscation or circulation banning.

4. Additional sanction form:

Confiscating material evidence of violation for the acts provided in point b clause 1, point b, c clause 2 and 3 of this Article.

Article 13. Committing violations of regulations on copyright deposit of press, information products

1 A fine of warning or in money between VND 1.000.000 and 3.000.000 shall be imposed for the act of failing to depositpress, information products according to regulations on deposit places, time, quantity or procedures.

2. A fine of between VND 3.000.000 and 5.000.000 shall be imposed for one of the following acts:

a) Failing to deposit press, information products;

b) Failing to archive documents, audio records, visual records broadcasted, data posted on internet or archiving not in compliance with time provided.

3. Remedies of overcoming consequence:

Forced deposit of press, information products, forced to archive documents, audio records, visual records broadcasted, data posted on internet strictly according to the provisions of law for the acts provided in clauses 1 and 2 of this Article.

Article 14. Committing violations of regulations on import, export of express, means serving press activities

1. A fine of between VND 5.000.000 and 10.000.000 shall be imposed for the acts of import, export ofmeans serving press activities without the competent state management agency’s permission.

2. A fine of between VND 10.000.000 and 20.000.000 shall be imposed for the acts of import, export of press with contents of superstition which undermine cultural tradition, fine customs and practices.

3. A fine of between VND 30.000.000 and 40.000.000 shall be imposed for one of the following acts except for the case provided in clause 2 of this Article.

a) Importing press with contents breaching Article 10 of Press Law;

b) Exporting illegal published press, press had decision of printing suspension, circulation banning, confiscation, withdrawal and destruction, press with contents breaching Article 10 of the Press Law.

4. Additional sanction form:

Striping material evidence of violation for the acts provided in clause 2, 3 of this Article.

5. Remedies of overcoming consequence:

For the act provided in clause 1 of this Article, being forced to conduct permission procedure under regulations of law.

Article 15. Committing violations of regulations on pay television operation management and receipt of television signal direct from the satellite

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 of receipt of television signal direct from the satellite;

b) Implementing not in compliance with provisions written in registration certificates of receipt of television signal direct from the satellite;

c) Failing to implement the responsibility of report of pay television service supply according to provision.

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 implement the registration of receipt of foreign television signal direct from the satellite;

b) Failing to implement the registration of item list of program channel on pay television.

3. A fine of between VND 10.000.000 and 20.000.000 shall be imposed for one of the following acts:

a) Producing domestic program channel to pay television not in compliance with contents in license;

b) Editing foreign program channel on pay television not in compliance with contents in license;

c) Editing foreign program channel on pay television not in compliance with regulations of law;

d) Supplying pay television service not in compliance with contents in license.

4. A fine of between VND 20.000.000 and 30.000.000 shall be imposed for one of the following acts:

a) Failing to implement the registration of supplying foreign program channel on pay television in Vietnam;

b) Supplying foreign program channel into Vietnam aiming at carrying on business on pay television but not through agencies authorized in Vietnam;

c) Receiving foreign television signal direct from the satellite not in compliance with regulations of law;

d) Editing foreign program channel on pay television without license.

5. A fine of between VND 30.000.000 and 40.000.000 shall be imposed for one of the following acts:

a) Installing, supplying pay television service without license;

b) Producing domestic program channel to pay television without license;

c) Broadcasting foreign program channel on pay television without license;

d) Failing to implement the edition, translation of foreign program channel on pay television;

đ) Supplying television service, program channel, program channel on pay television with contents breaching Article 10 of the Press Law.

6. Additional sanction form:

a) Confiscating registration certificate for the act provided in point a clause 1 of this Article;

b) Confiscating material evidence, means of violation for the acts provided in points a, đ clause 5 of this Article in case of causing serious consequence.

7. Remedies of overcoming consequence:

a) Forced to implement the responsibility of report for the acts of violation provided in point c clause 1 of this Article;

b) Forced to implement the registration of receipt of foreign television signal direct from the satellite, of item list program channel on pay television, of supplying foreign program channel on pay television in Vietnam for the acts of violation provided in clause 2 and point a clause 4 of this Article;

c) Forced to implement according to contents of license for the acts of violation provided in points a, b, d clause 3 of this Article;

d) Forced to translate the foreign program channel on pay television in compliance with regulations of law for the acts of violation provided in point c clause 3 of this Article;

đ) Forced to implement the translation, edition of foreign program channel on pay television for the acts of violation provided in point d clause 5 of this Article.

Article 16. Committing violations of regulations on joint in activities of producing television, radio program channel

1. Warning or a fine of between VND 1.000.000 and 3.000.000 shall be imposed for one of the following acts:

a) Failing to implement the registration of politic, current news channel, program channel;

b) Failing to implement the additional registration of joint program when having change contents registered, or registered addition but have not yet approved in writing by Ministry of Information and Communications;

c) Signing joint contract but not stating fully contented as provided;

d) Failing to send written notification to the function agency on name, contents, time, time-volume, broadcasting channel of joint products; name, address of joint partners, joint form, rights and obligations of parties taking part in joint for the joint products which are not program channel, period program.

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 sign joint contracts;

b) Failing to implement in compliance with contents in the joint contracts and relative regulations of law;

c) Signing joint contracts with partners having not enough condition according to provisions.

3. A fine of between VND 10.000.000 and 20.000.000 shall be imposed for one of the following acts:

a) Implementing joint operation over politic, news television, radio programs;

b) Failing to define collective politic-news channel in case of having 02 (two) or more promulgation channels;

c) Broadcasting in access of 30% of total time volume of channel’s the first time broadcasting program over programs implementing joint operation in collective politic-news channel;

d) Failing to implement in compliance with principle of joint operation, form of joint operation.

4. A fine of between VND 20.000.000 and 30.000.000 shall be imposed for the act of implementing joint operation when having not yet written approval of Ministry of Information and Communications.

5. Additional sanction form:

Confiscating material evidence of violation for the act provided in clause 4 of this Article, in case of causing serious consequence.

6. Remedies of overcoming consequence:

a) Forced to implement the registration for the acts of violation provided in points a, b clause 1 of this Article;

b) Forced to sign joint contract in compliance with contents provided in point c clause 1 of this Article;

c) Forced to send written notification to functioning agencies for the act of violation provided in point a clause 1 of this Article;

d) Forced to sign joint contract for the act of violation provided in point a clause 2 of this Article;

đ) Forced to stop implementing joint contract for the act of violation provided in point c clause 2 of this Article;

e) Forced to define collective politic-news channel for the act of violation provided in point b clause 3 of this Article;

g) Forced to implement in compliance with provision for the act of violation provided in point c clause 3 of this Article.

ITEM 2. COMITTING VIOLATIONS IN PUBLISHING ACTIVITIES

Article 17. Committing violations of regulations on license of publishing activities

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 license of establishing publisher;

b) Modifying, erasing decision of establishing publisher;

c) Changing name of governing agency or publisher, changing serving subjects of publisher without conducting procedures of requesting for license alteration according to regulation;

d) Modifying, erasing decision of publishing;

đ) Failing to write fully contents written in the decision of publishing, publishing products according to standard form provided by Ministry of Information and Communications.

2. A fine of between VND 5.000.000 and 10.000.000 shall be imposed for one of the following acts:

a) Implementing not in compliance with contents written in the license of establishing publisher;

b) Assigning the license of establishing publisher under any forms;

c) Publishing products of publishing not in compliance with guideline, object of publisher;

d) Changing governing agency, changing guideline, object of publisher without conducting procedures of requesting for issuing license according to provision;

đ) Publishing products of publishing not in compliance with registration contents of publishing plan defined by the competent state management agency;

e) Publishing on internet network at address of website without using domain ".vn".

3. A fine of between VND 10.000.000 and 20.000.000 shall be imposed for one of the following acts:

a) Publishing products of publishing but not registering publishing plan or publishing products of publishing when having not been defined in writing by Ministry of Information and Communications on the registration of publishing plan;

b) Publishing products of publishing without decision of publishing of publisher’s director;

c) Publishing non-business documents without publishing license of the state management agency on publishing activities.

4. A fine of between VND 30.000.000 and 40.000.000 shall be imposed for one of the following acts:

a) Establishing publisher without license of the competent state management agency;

b) Locating representative office of publisher, Vietnam-based foreign publishing organization without license or operation not in compliance with contents written in the license.

5. Additional sanction forms:

a) Confiscating material evidence of violation for the acts provided in points a, b clause 1, 3 of this Article;

b) Striping of the right to use license timelessly for the act provided in point b clause 2 of this Article.

6. Remedies of overcoming consequence:

a) Forced to withdraw the decision of publishing for the act provided in point d clause 1 of this Article;

b) Forced to remove products of publishing out of internet network for the act provided in point e clause 2 of this Article.

Article 18. Committing violations of regulations on contents of products of publishing

1. A fine of between VND 5.000.000 and 10.000.000 shall be imposed to publisher for the acts of not notifying to the publishing units for withdrawing products of publishing with decision of withdrawal, not to organize to withdraw products of publishing with decision of withdrawal.

2. A fine of between VND 10.000.000 and 20.000.000 shall be imposed for one of the following acts:

a) Publishing products of publishing with contents of hurting honor, dignity or disclosing private life of individual without such person’s permission or her/his relatives’ permission, except for otherwise provided for by law;

b) Publishing products of publishing with wrong contents hurting rights and lawful interests of organizations, individuals;

c) Publishing map without showing administrative boundary, showing the wrong one of all levels or showing the wrong place name;

d) Using Vietnam map for displaying front cover page, illustrating for products of publishing but not showing administrative boundary, showing the wrong one of all levels or showing the wrong place name of Vietnam or the wrong national sovereignty;

đ) Publishing products of publishing being of the type must be appraised but not organizing to appraise.

3. A fine of between VND 20.000.000 and 30.000.000 shall be imposed for one of the following acts:

a) Publishing Vietnam map but not showing or showing the wrong national sovereignty;

b) Publishing products of publishing with contents of promulgating lifestyle of obscene, depriving, act of crime, social vices, superstition which undermine fine customs and practices.

4. A fine of between VND 30.000.000 and 40.000.000 shall be imposed for act of publishing products of publishing with contents breaching Article 10 of Law on Press, except for the case provided in point b clause 3 of this Article.

5. Additional sanction form:

Confiscating material evidence of violation for the acts provided in points a, b, c, d clause 2, 3 and clause 4 of this Article.

6. Remedies of overcoming consequence:

a) Forced to withdraw products of publishing which had decision of withdrawal for the acts provided in clause 1 of this Article;

b) Forced to apologize for the acts provided in points a, b clause 2 of this Article;

c) Forced to stop publishing and organize for appraisal for the acts provided in point đ clause 2 of this Article.

Article 19. Committing violations of regulations on display, illustration of products of publishing

1. Warning or a fine of between VND 1.000.000 and 3.000.000 shall be imposed for one of the following acts:

a) Recording insufficiently or incorrectly the information which must to be recorded in products of publishing;

b) Using paints, pictures, drawings, signals, characters, that are not in compliance with content of publication, in order to cover display, illustrate for publication.

2. Remedies of overcoming consequence:

a) Forced to record properly and fully information must to be recorded in products of publishing for the acts provided in point a clause 1 of this Article in case of causing serious consequence;

b) Forced to modify or erase paints, pictures, drawing, signal for the acts provided in point b clause 1 of this Article in case of causing serious consequence.

Article 20. Committing violations of regulations on deposit products of publishing

1. Warning shall be imposed for the act of depositing products of publishing not in compliance with form as provisions.

2. A fine of between VND 1.000.000 and 3.000.000 shall be imposed for the act of failing to deposit sufficient quantities of products of publishing under regulations of law.

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 deposit products of publishing but published to each one;

b) Depositing products of publishing but published them while not finishing the 10 day time-limit.

4. Remedies of overcoming consequence:

Forced to depositproducts of publishingaccordingto the provisions of law for acts specified in clause 2 and point a clause 3 of this Article.

Article 21. Committing violations of regulations on joint in publishing domain

1. A fine of warning or in money between VND 1.000.000 and 3.000.000 shall be imposed for one of the following acts:

a) Failing to comply with provision in clause 1 Article 20 of the Press Law;

b) Failing to record or recording the wrong name, address of joint partners when registering plan of publishing;

c) Failing to sign for approval to the draft (including front cover page, information must be written in products of publishing) before printing or posting on internet network;

d) Failing to archive the draft of joint products of publishing under regulations of law;

đ) Failing to sign for publishing joint products of publishing;

e) Failing to deposit joint products of publishing to the publisher after they were printed.

2. A fine of between VND 5.000.000 and 10.000.000 shall be imposed for the act of changing name of products of publishing, name of writer, name of joint partner registered but not defined in writing by the Authority of Publication .

3. A fine of between VND 10.000.000 and 20.000.000 shall be imposed for one of the following acts:

a) Failing to comply with provision on signing contract for the joint products of publishing;

b) Publishing joint products of publishing when director of the publisher has not signed for publishing them.

4. A fine of between VND 20.000.000 and 30.000.000 shall be imposed for one of the following acts:

a) Failing to organize the edition of draft of joint products of publishing, except for the case of reprinting;

b) Changing contents of joint products of publishing which signed for approval by director of the publisher.

5. Additional sanction form:

Confiscating products of publishing breaching provision in point b clause 4 of this Article in case of causing serious consequence.

6. Remedies of overcoming consequence:

a) Forced to archive the draft for the act provided in point d clause 1 of this Article;

b) Forced to sign for publishing joint products of publishing for the act provided in point đ clause 1 of this Article;

c) Forced joint partner to hand in joint products of publishing to the publisher for the act provided in point e clause1 of this Article.

Article 22. Committing violations of regulations on printing activity

1. Warning or a fine of between VND 1.000.000 and 3.000.000 shall be imposed for the act of not registering equipment of printing industry for the equipments provided must be registered under regulations of law.

2. A fine of between VND 3.000.000 and 5.000.000 shall be imposed for one of the following acts:

a) Failing to comply with contents written in the license of printing activity;

b) Assigning license of printing activity under any forms;

c) Modifying, erasing license of printing activity;

d) Failing to compile book of receive –to- print product management or not recording fully information of receive –to- print product according to regulations of law even pre-press and after printing process in the book of receive –to- print product management;

đ) Using photocopy machine and other printing equipment for printing, multiply illegal press, products of publishing aiming at business purpose or wide circulation;

e) Printing products which are not products of publishing in access of the quantity stated in contracts from 100 to less than 500 products.

3. A fine of between VND 5.000.000 and 10.000.000 shall be imposed for one of the following acts:

a) Signing contract not in compliance with contents of decision of publishing, license of publishing, license for printing process for foreigner;

b) Printing made–from-paper gold without registration certified certificate of the competent state management agency for type of printed made–from-paper gold;

c) Printing products which are not products of publishing in access of the quantity written in contracts from 500 to less than 1.000 products;

d) Using photocopy machine and other printing equipment for duplicating press, products of publishing, printing products which are not products of publishing being banned for circulation.

4. A fine of between VND 10.000.000 and 20.000.000 shall be imposed for one of the following acts:

a) Printing identity card, passport, diploma without written approval of the specialized state management agency or printing certificates of national education system without written approval of the agency, organization who grants such certificate;

b) Printing identity card, passport, diploma, certificate of national education system, anti-fake stamp without samples with signature and certified seal of the competent state management agency;

c) Printing newspapers, magazines without license of the state management agency on press;

d) Printing products of publishing in access of the quantity written in decision of publishing or license of publishing from 50 to less than 500 copies;

đ) Printing products of publishing not in compliance with decision or license of publishing;

e) Printing products of publishing processed to foreigners without license of process printing;

g) Printing products of publishing not in compliance with contents of the draft signed for approval by director of publisher or contents of the draft sealed by the competent state management agency for granting license;

h) Adding, removing, modifying illegal samples, draft for printing;

i) Printing products which are not products of publishing in access of the quantity written contract from 1.000 products or more;

k) Printing products which are not products of publishing but has not got function of printing in the business registration certificate;

l) Printing products of labels, wrappings that receive-to-print samples have not got signature and certified seal of production unit who orders printing, without business registration certificate of right business lines, written introduction of production units with name on labels or wrappings;

m) Printing labels which are medicine-chemical, drugs without business registration certificate of right production lines, registration number issued by the competent state management agency;

n) Printing products without printing contracts.

5. A fine of between VND 30.000.000 and 40.000.000 shall be imposed for one of the following acts:

a) Printing, duplicating press, products of publishing that had decision of withdrawal, confiscation, circulation banning, destruction or have contents breaching provision in Article 10 of Publishing Law;

b) Printing products of publishing without decision of publishing of director of publisher or license of publishing;

c) Printing products of publishing or printing products of press, anti-fake stamps without license of printing;

d) Printing products of publishing in access of the quantity written in decision of publishing or license of publishing from 500 copies or more;

đ) Printing products which banned for circulation by law, except the case being permitted to process to foreigners;

e) Printing, photocopying illegally documents which are of item list of State secret, working secret under regulations of law.

6. Additional sanction forms:

a) Striping of the right to use timelessly to license for the acts provided in point b clause 2 of this Article;

b) Striping of the right to use license from 90 days to 180 days for the acts provided in point a clause 5 of this Article;

c) Confiscating material evidence for the acts provided in point b, c, d clause 3, 4, 5 of this Article;

d) Confiscating material evidence for the acts provided in points a, đ and e clause 5 of this Article.

7. Remedies of overcoming consequence:

a) Forced to register equipment of printing lines for the acts provided in clause 1 of this Article;

b) Forced to conduct procedures of requesting for re-issuing license for the acts provided in point c clause 2 of this Article;

c) Forced to destroy products of publishing for the acts provided in point đ clause 2 of this Article.

Article 23. Committing violations of regulations on import of equipment of printing lines

1. A fine of between VND 10.000.000 and 20.000.000 shall be imposed for the act of importing color photocopy machine without license of import.

2. Additional sanction form:

Confiscating material evidence for the acts provided in clause 1 of this Article.

Article 24. Committing violations of regulations on stockpiling and dissemination of products of publishing

1. A fine of between VND 3.000.000 and 5.000.000 shall be imposed for one of the following acts:

a) Obstructing lawful publishing of products of publishing;

b) Selling, delivering, renting out and uploading on internet network the products of publishing which are imported or published illegally;

c) Selling, delivering, renting out, uploading on internet network the products of publishing which have contents of propaganda superstition, deprived customs, social vices;

d) Stockpiling or publishing printing products of publishing, duplicating illegally or products of publishing without lawful original invoices, documents less than 50 copies;

đ) Publishing on internet network products of publishing of publisher, agencies, organizations who are permitted to publish but dissolved, merged or separated without permission in writing of authors, agencies, organizations assigned civil rights and obligations from such publishers, Agencies, organizations who are permitted to publish but dissolved, merged or separated.

2. A fine of between VND 5.000.000 and 10.000.000 shall be imposed for one of the following acts:

a) Selling, renting out and uploading on internet network the products of publishing being of non-business or internal circulation products;

b) Stockpiling or publishing printing products of publishing, duplicating illegally or products of publishing without lawful original invoices, documents from 50 to less than 100 copies;

c) Selling, renting out and uploading on internet network the products of publishing with contents of propagating depraved lifestyle, sexual stimulation, violence stimulation.

3. A fine of between VND 10.000.000 and 20.000.000 shall be imposed for one of the following acts:

a) Publishing or stockpiling aiming at circulating products of publishing to be of non-permitted for circulation or had decisions of withdrawal, confiscation;

b) Selling, renting out and uploading on internet network the products of publishing had decisions of withdrawal, confiscation, circulation banning;

c) Stockpiling or publishing printing products of publishing, duplicating illegally or products of publishing without lawful original invoices, documents from 100 to less than 150 copies;

d) Selling, propagating illegally printing products of publishing processing to foreign countries in Vietnam territory;

đ) Holding exhibitions, fairs of products of publishing not incompliance with contents written in the license.

4. A fine of between VND 30.000.000 and 40.000.000 shall be imposed for one of the following acts:

a) Holding publication exhibitions, fairs without license;

b) Showing or selling in the exhibits, fairs products of publishing which are published illegally, imported illegally, products of publishing without permission of circulation, had decision of withdrawal, confiscation or products of publishing with contents breaching Article 10 of Publishing Law;

c) Stockpiling or publishing printing products of publishing, duplicating illegally or products of publishing without lawful original invoices, documents from 150 copies or more;

d) Representative offices of Vietnam-based foreign organizations directly carry on business, publish in Vietnam.

5. Additional sanction form:

Confiscating material evidence for the acts provided in points b, c and d clause 1, point b and c clause 2, points a, b, c, d clause 3 and points b, c, d clause 4 of this Article.

6. Remedies of overcoming consequence:

For the acts provided in point đ clause 1 of this Article, being forced to remove publication out of the Internet network.

Article 25. Committing violations of regulations on import, export of products of publishing

1. A fine of between VND 5.000.000 and 10.000.000 shall be imposed for one of the following acts:

a) Importing not compliance with the name of products of publishing in the item list registered for import;

b) Importing non-business products of publishing without license of import or importing not compliance with type of products of publishing, contents, quantity, origin, objects and scope of use of imported products of publishing;

c) Failing to re-export or conduct procedures of import for imported products of publishing which are documents serving for conference, international meeting permitted to hold in Vietnam by the competent agency, products of publishing which are mobilized assets of organizations, families, individuals preserving for personal use after they are used;

d) Failing to conduct procedures of requesting for import products of publishing in order to give to organizations, individuals sent by postal with its value is in access of standard of duty free under regulations of law.

2. A fine of between VND 10.000.000 and 20.000.000 shall be imposed for one of the following acts:

a) Importing products of publishing for business purpose without business operation license of importing products of publishing;

b) Importing products of publishing for business purpose without registering item list of import products of publishing for carrying out business with the state management agency on publishing activities;

c) Failing to appraise contents of imported products of publishing before publishing.

3. A fine of between VND 30.000.000 and 40.000.000 shall be imposed for one of the following acts:

a) Importing products of publishing with contents breaching Article 3 and Article 10 of Law on Publishing;

b) Exporting products of publishing illegally, products of publishing which had decision of printing suspension, banning circulation, confiscation, and withdrawal, destroying products of publishing with contents breaching Article 3 and Article 10 of Law on Publishing.

4. Additional sanction form:

Confiscating material evidence for the acts provided in clause 3 of this Article.

5. Remedy of overcoming consequence:

Forced to send or re-export products of publishing out of Vietnam territory in case of breaching provisions in point b, point c clause 1 and point a clause 2 of this Article.

ITEM 3. COMMITTING VIOLATIONS ON ADVERTISEMENT IN PRESS, PUBLISHING ACTIVITIES

Article 26. Committing violations of regulations on advertisement in press, publishing activities

1. A fine of warning or in money between VND 1.000.000 and 3.000.000 shall be imposed for one of the following acts:

a) Advertising on printed press, radio, television stations in excess of number of permitted days per advertisement drive or with insufficient time and interval between advertisement drives;

b) Advertising on printed press in excess of 10% space without permission;

c) Advertising on radio, television station without oral or written information clearly expressing advertising information purpose;

d) Advertising right after the theme song or image of a radio or television program other than film, letters and arts, sports or entertainment programs;

đ) Advertising on printed press not on separate parts or pages or in sections not clearly indicated as reserved for advertisements; failing to note 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.

e) Advertising on news pages;

g) Advertising using words, pictures, sound which undermine fine customs and practices.

2. A fine of between VND 3.000.000 and 5.000.000 shall be imposed for one of the following acts:

a) Advertising more than twice in feature film program on television stations; advertising more than four times during a radio or television entertainment program; advertising more than five minutes during feature film program or a radio or television entertainment program; advertising more than ten times for one product on one radio, television channel per day;

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 Ministry of Information and Communications, right at the beginning of the program;

c) Advertising on radio, television stations in excess of number of times, time-volume permitted on a channel per day;

d) Advertising inserting contents of news, article on press;

đ) Advertising sanitary napkins, condoms, skin-disease medicines, vermifuge or women hygiene liquids and similar goods, products on radio or television from 18:00 hrs to 20:00 hrs every day;

e) Advertising 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;

g) Advertising that using a foreign language, the language of an ethnic minority living in Vietnam are written before the words in Vietnamese or using 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 for advertisement goods with whole Vietnamese language, the language of an ethnic minority living in Vietnam, foreign language;

h) Advertising that causing confusion with other persons, organizations’ goods or service business activities;

i) Advertising that using the names or images of other organizations or individuals without the permission of such organizations or individuals;

k) Advertising the common logo or trademark of many kinds of goods or services of which some are banned from advertisement but failing to clearly show the kinds of goods or services which need to be advertised and are not banned to advertise 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) Advertising 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) Advertising medicine with prescription, vaccines, health biology-products for disease protection, drugs which are not need to be made out prescription but being recommended in writing by the competent state management agencies that should be used in limitation or with supervision of doctors, cosmetics, foodstuff and products other than medicines with unclear contents which may cause confusion that such products are medicine, advertising health equipments, health services but failing to notify fully contents of advertisement products according to provision or have not been permitted by the competent state management agency;

c) Advertising biology-products serving for planting, livestock raising, livestock food, pet medicine, plant protection drugs, fertilizers, manure products, seeds, animals but failing to notify fully advertisement contents according to provision or are not agreed by the competent state management agency.

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 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;

b) Advertising goods has not yet permitted for carrying on business, services have not permitted to implement at the time of advertisement;

c) Advertising liquor with alcohol of 30oor more;

d) Advertising with violence-inciting or horrible contents;

đ) Using map of the Socialist Republic of Vietnam for advertisement but failing to show fully the nation’s sovereignty;

e) Advertising with the use of the image of Vietnamese currency.

g) Advertising without using spoken and written Vietnamese except for the case provided in clause 1 Article 8 of the Advertisement Ordinance;

h) Uploading information of advertisement products to computer network without sending in advance advertisement products to the state management agency on advertisement according to provisions.

5. A fine of between VND 20.000.000 and 30.000.000 shall be imposed for one of the following acts:

a) Advertising goods or services to be of advertisement banning;

b) Advertising that is untrue to the reality, quantity of goods registered;

c) Taking advantage of advertising to hurt the honor or dignity or infringe upon lawful rights and interests of organizations or individuals;

d) Advertising with negative contents, the use of comparisons degrading the prestige or quality of commodities of other organizations or individuals;

đ) Making advertisements which are racist or infringe upon freedom of belief and religion.

6. A fine of between VND 30.000.000 and 40.000.000 shall be imposed for one of the following acts:

a) Making advertisements disclosing state secrets, causing harm to national independence, sovereignty, defense, security or social safety;

b) Using the national flag, national anthem, national emblem, leader’s pictures, the Party flag or the International song for advertisement.

7. Additional sanction forms:

Confiscating material evidence, means of violation for the acts provided in points b, c, d, đ, e, g clause 4, 5 and clause 6 of this Article.

8. Remedies of overcoming consequence:

For the acts provided in point h clause 4 of this Article, being forced to send advertisement commodities according to regulations.

Article 27. Committing violations of regulations on advertisement on products of publishing

1. A fine of between VND 3.000.000 and 5.000.000 shall be imposed for one of the following acts:

a) Advertising on block calendar in excess of 20% of space of each piece;

b) Advertising national festival days, memoir days on block calendar under regulations of law;

c) Advertising goods or service business activities on the cover of a type of book.

2. A fine of between VND 5.000.000 and 10.000.000 shall be imposed for act of advertising on products of publishing breaching provisions in clause 1 and 2 Article 29 of Publishing Law.

3. A fine of between VND 10.000.000 and 20.000.000 shall be imposed for act of advertising liquor with alcohol of 30oor more;

4. A fine of between VND 30.000.000 and 40.000.000 shall be imposed for act of advertising commodities, services to be of advertisement banning.

5. Additional sanction forms:

Confiscating material evidence of violation for the acts provided in clause 3, clause 4 of this Article.

6. Remedies of overcoming consequence:

Forced to destroy the advertisement for the acts provided in point b, c clause 1, 2 of this Article.

ITEM 4. COMMITTING VIOLATIONS OF REGULATIONS ON REPORT REGIME, OBSTRUCTING ILLEGALLY THE EXAMINATION, INSPECTION ACTIVITIES

Article 28. Committing violations of regulations on report regime

1. Warning or a fine of between VND 1.000.000 and 3.000.000 shall be imposed for one of the following acts:

a) Changing head office of press agencies, representative agencies without sending written notification to the State management agencies on press;

b) Failing to send written notification for the establishment, operation suspension of representative agencies; assignment and operation suspension of permanently residing correspondent to the Ministry of Information and Communications and the Department of Information and Communications in which press agencies locate its representative agencies, assign its permanently residing correspondent as provision;

c) Failing to conduct the report, statement on information contents to the State management agencies on press or reporting, stating not in compliance with contents, time-limit and requirement of the State management agencies;

d) Changing publisher’s head office without sending written notification to the State management agencies on press;

đ) Changing representative agencies’ head office in Vietnam of the foreign publisher, organizations publishing foreign products of publishing without sending written notification to the State management agencies on press;

e) Failing to send written report to Department of Publishing on name of products of publishing, authors, websites and date of posting before publishing products of publishing on internet;

g) Publisher fails to send written report to Department of Publishing when changing printing quantity;

h) Failing to conduct the report to the State management agencies on press when finding out contents of printing ordered products, duplication breaching provision in Article 10 of Publishing Law;

i) Failing to send written report to the agency of granting printing operation license when changing address, director or printing unit’s owner;

k) Failing to conduct the report to the State management agencies on press when finding out contents of printing ordered products, duplication breaching provision in Article 10 of Publishing Law during the course of publishing.

2. A fine of between VND 5.000.000 and 10.000.000 shall be imposed for the act of sending untrue reports according to regulations or at the requirement of the competent State management agencies.

3. A fine of between VND 10.000.000 and 20.000.000 shall be imposed for the act of trying to fake, making erroneous dossiers in order to granting press card to subjects who are not standard enough to be granted for press card.

4. Additional sanction form:

For the acts provided in clause 3 of this Article, shall be striped of the right to use press card.

5. Remedies of overcoming consequence:

For the acts provided in clause 1 of this Article, shall be forced to report fully on information.

Article 29. Act of obstructing illegally operation of examination, inspection, state management

1. Warning or a fine of between VND 500.000 and 1.000.000 shall be imposed over organizations, individuals who conduct the act of failing to show or showing insufficiently documents, information, data to State management agencies in press and publishing activities or competent person at request.

2. A fine of between VND 1.000.000 and 3.000.000 shall be imposed for one of the following acts:

a) Failing to execute decision, examination, inspection requirement of competent organizations, individuals;

b) Failing to supply documents, data or supplying insufficiently or untruthfully for the inspection, examination at the requirement of competent organizations, individuals;

c) Obstructing the inspection, examination of competent organizations, individuals.

3. A fine of between VND 3.000.000 and 5.000.000 shall be imposed for one of the following acts:

a) Reviling, hurting the competent person for the inspection, examination;

b) Delaying, avoiding executing the administrative decision of the competent person, failing to conduct requirement, conclusion, inspection, examination decision.

4. A fine of between VND 5.000.000 and 10.000.000 shall be imposed for one of the following acts:

a) Taking and keeping illegally documents, technical means of inspection agency;

b) Unauthorized dismantling, breaking seals, arbitrarily changing the field, changing the number and type of goods which are material evidence of violations of press and public activities and are subject to the supervision, inspection and sealing or temporarily seizure;

c) Dispersing and hiding, destroying material evidence, means of being inspected, examined.

5. Additional sanction forms:

a) Forced to apologize for the act provided in point a clause 3 of this Article;

b) Forced to withdraw material evidence, dispersed and hidden means for the act provided in point c clause 4 of this Article.

Chapter 3.

POWERS, PROCEDURES OF HANDLING ADMINISTRATIVE VIOLATIONS IN PRESS AND PUBLISHING ACTIVITIES

Article 30. Powers of handling administrative violations of specialized inspector of information and communications

1. Specialized inspectors of information and communications are competent to sanction administrative violations in press and publishing activities, including:

a)Press activity;

b)Publishing activity;

c)Copyright, relative rights inpress and publishing activities;

d)Advertisement inpress and publishing activities.

2. Inspector specializing in information and communications who is executing his/her official works has the rights:

a) Warning;

b) Fining up to VND 500.000;

c) Confiscating material evidence, means which are used for administrative violations with value up to VND 2.000.000;

d) Implementing the rights provided in point 2 clause 19 Article 1 of the 2008 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations and clause 2 Article 48 of the 2002Ordinance on Handling of Administrative Violations.

3. Chief inspector of Department of Information and Communications has the rights:

a) Warning;

b) Fining up to VND 30.000.000;

c) Striping of the right to use license, practice certificate according to its powers;

d) Confiscating material evidence, means which are used for administrative violations;

đ) Applying remedies of overcoming consequence provided in the Articles of this Decree;

e) Executing the rights provided in point 1 clause 19 Article 1 of the 2008 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations.

4. Chief inspector of Ministry of Information and Communications has the rights:

a) Warning;

b) Fining up to maximum rate of publishing, printing, issuing fields provided in this Decree and Decree of the Government providing for handling of administrative violations on advertisement, copyright and relative rights;

c) Striping of the right to use license, practice certificate according to its powers;

d) Confiscating material evidence, means which are used for administrative violations;

đ) Applying remedies of overcoming consequence provided in the Articles of this Decree;

e) Executing the rights provided in point 1 clause 19 Article 1 of the 2008 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations.

5. Chief inspector of Ministry of Information and Communications executes his/her powers of handling of administrative violations in press and publishing activities to agencies, organizations and individuals in the whole country.

6. Chief inspector of Ministry of Information and Communications executes his/her powers of handling of administrative violations in press and publishing activities to organizations, individuals which are of state management scope of the same level People’s Committees. To executes his/her powers of handling of administrative violations to the press agencies, publishers of centre and of other localities who operate in his/her region when being authorized.

Article 31. Competence to sanction of other specialized inspector

Within the scope of State management powers provided by the Government, inspector and chief inspector of other specialized inspection agencies is entitled to sanction according to his/her scope of State management domains for the acts of committing administrative violations in press and publishing activities which are provided in this Decree.

Article 32. Competence to sanction of the people’s committees of all levels

Chairmen of the people’s committees of all levelsare entitled to sanction upon their powers as provided in clauses 4, 5, Article 1 of the 2008 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations, Article 30 of the 2002Ordinance on Handling of Administrative Violations which modified in the Ordinance Amending and Supplementing a Number of Articles of the 2007Ordinance on Handling of Administrative Violations and Article 10 of Decree No. 51/2002/ND-CP dated June 24, 2002 of the Government detailing the implementation of Press Law, the Law Amending and Supplementing a Number of Articles of the Press Law in the scope of areas where they manage for the acts of committing administrative violations in press and publishing activities which are provided in this Decree.

Article 33. Competence to sanction of agency of the people’s public security, border guard, sea police, Customs officer, taxation agency, market management agency

Agency of the people’s public security,border guard, sea police,Customs, taxation agency, market management agency are entitled to sanction according to powers provided in clauses 6, 7, 8, 9, 11 Article 1 of the 2008 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations and Article 37 of the 2002Ordinance on Handling of Administrative Violations for the acts of committing administrative violations in press and publishing activities relating directly to its management domains which are provided in this Decree.

Article 34. Procedures of violation handling, material evidence and means of administrative violation and the implementation of sanction decision.

Procedures of handling violation, material evidence and means of administrative violation and the implementation of administrative sanction decision are implemented according to provisions of the 2002Ordinance on Handling of Administrative Violations and the 2008 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations.

Article 35. Issuance of minute, decision form using in handling administrative violation

Issuing together with this Decree is forms of decision using in handling administrative violation in press and publishing activities.

Chapter 4.

IMPLEMENTATION PROVISIONS

Article 36. Effect

This Decree takes effect on February 25, 2011. This Decree replaces provisions in Item 1, 2 Chapter II and Article 52, 53 Item 8 Chapter II Decree No. 56/2006/ND-CP dated June 06, 2006 of the Government on sanctioning administrative violations in cultural and information activities. The former provisions of the Government, Ministries, Ministerial-level agencies and Localities which are contrary with this Decree are annulled...

Article 37. Implementation

The Ministries, Heads of ministerial-level agencies, Heads of Governmental agencies and members’ council of Chairmen of the People’s Committees of centrally-affiliated cities and provinces are responsible for the implementation of this Decision.