Nghị định 38/2021/NĐ-CP xử phạt vi phạm hành chính lĩnh vực văn hóa, quảng cáo

DECREE

On sanctioning of administrative violations in cultural and advertising sectors

 

Pursuant to the Law on Government Organization dated June 19, 2015; the Law Amending and Supplementing certain Articles of the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012;

Pursuant to the Law on Cultural Heritages dated June 29, 2001; the Law Amending and Supplementing a Number of Articles of the Law on Cultural Heritages dated June 18, 2009;

Pursuant to the Law on Cinematography dated June 29, 2006; the Law Amending and Supplementing a Number of Articles of the Law on Cinematography dated June 18, 2009;

Pursuant to the Law on Advertising dated June 21, 2012;

Pursuant to the Law on Libraries dated November 21, 2019;

Upon the request of the Minister of Culture, Sports and Tourism,

The Government hereby promulgates the Decree on sanctioning of administrative violations in cultural and advertising sectors.

 

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation

1. This Decree prescribes acts of administrative violations, sanctioning forms and levels, remedial measures, competence to make written records and sanction administrative violations in cultural and advertising sectors.

2. Administrative violations in cultural and advertising sectors other than those specified in this Decree shall be subject to regulations on handling of administrative violations in relevant state management sectors.

Article 2. Subjects of application

1. This Decree applies to:

a) Vietnamese organizations and individuals committing administrative violations in cultural and advertising sectors in Vietnam and abroad;

b) Foreign organizations and individuals committing administrative violations in cultural and advertising sectors within the territory of Vietnam;

c) Persons competent to make written records and sanction administrative violations in accordance with this Decree.

2. Organizations specified at Point a and b Clause 1 of this Article, including:

a) State agencies committing any violation that does not fall within the assigned state management tasks;

b) Vietnamese enterprises and their subordinate units (branches, representative offices), foreign enterprises operating within Vietnam; Vietnam-based branches, representative offices of foreign enterprises;

c) Cooperatives or cooperative unions;

d) Public and non-public non-business units;

dd) Socio-professional organizations operating in cultural and advertising sectors;

e) International and foreign organizations in Vietnam;

g) Foreign cultural establishments in Vietnam and their branches in Vietnam;

h) Other organizations committing acts of administrative violation in cultural and advertising sectors.

Article 3. Sanctioning forms

1. Principal sanctions:

b) Warning;

b) Fine;

c) Suspension of operation for a definite time.

2. Additional sanctions:

a) Confiscation of material evidence and means used in administrative violations;

b) Suspension of operation for a definite time;

c) Deprivation of the right to use licenses, practice certificates for a definite term.

Article 4. Remedial measures

In addition to the remedial measures specified at Point a, b, dd, e and i of Clause 1 Article 28 in the Law on Handling of Administrative Violations, this Decree stipulates the remedial measures applicable to violations specified in Chapters II and III, including:

1. Forcible return of encroached land at historical-cultural relics, spots of beauty;

2. Forcible return of fraudulently exchanged or appropriated information resources;

3. Forcible removal, dismantlement or deletion of advertisements or recall of print ads, including newspapers and magazines, or forcible dismantlement of signboards;

4. Forcible apology to organizations and individuals;

5. Forcible refund of money amounts gained from commission of violations;

6. Forcible removal of films, audio and video recordings, cultural products with harmful contents in electronic form, on the internet and digital environment;

7. Forcible revocation of permits for joint venture or cooperation in film production or provision of film production services; written approval for art performance; written approval for competitions and festivals for performing arts; certificates of participation in overseas beauty or model contests; certificates of eligibility for karaoke or discotheque service provision; permits to copy art works about cultural celebrities, national heroes or leaders; exhibition licenses; art exhibition permits; permits to build monuments and murals; written approval for art contests; photography exhibition permits; permits to make copies of national relics, antiques and treasures; certificates of eligibility for antique appraisal business; certificates of practice of preservation, rehabilitation and restoration of monuments; certificates of eligibility for practice of preservation, rehabilitation and restoration of monuments; certificates of registration of establishment and operation, licenses for establishment and operation of foreign cultural establishments in Vietnam;

8. Forcible revocation of titles and prizes that individuals win in performing arts contests, festivals, beauty and model contests;

9. Forcible removal of material evidence used for commission of violations from venues of art exhibitions or sculpture camps;

10. Forcible removal of infringement contents from films that have obtained dissemination permits; audio and video recordings of musical, dance or theater performances which have been permitted for release; exhibitions; art exhibitions, photography exhibitions, sculpture camps; advertisements;

11. Forcible satisfaction of mandatory requirements for provision of facilities and equipment in cinemas with special effects on audience;

12. Forcible destruction of material evidence used for commission of violations;

13. Forcible additional sale of books, library facilities, utilities and employees meeting regulations;

14. Forcible addition of names and addresses of advertising makers;

15. Forcible affixing of inspection and market authorization stamps, labels to electronic gaming machines not connected to the Internet;

16. Forcible destruction of films, tapes, discs or material objects containing films; audio or video recordings containing performing art works;

17. Forcible announcement of revocation of titles and prizes awarded in performing arts contests or festivals, beauty or model contests.

Article 5. Fine levels and competence to impose fines on individuals and organizations

1. The maximum fine imposed for an act of administrative violation in the culture sector is VND 50,000,000 and VND 100,000,000, for individuals and organizations, respectively. The maximum fine imposed on an individual or an organization for an administrative violation arising from advertising activities is VND 100,000,000 and VND 200,000,000, respectively.

2. The fines specified in Chapter II and Chapter III of this Decree are imposed on individuals while those specified in Clause 1, Point c Clause 4, Point a Clauses 5 and 6 Article 6; Points c, dd, e and g Clause 4 Article 8; Clauses 1, 2 and 3 Article 9; Article 10; Point a Clause 2, Clauses 3, 5 and 6, Points a, b, c and d Clause 7 Article 14; Clauses 1, 2, 3, 4 and Point b Clause 5 Article 21; Clauses 1, 2, 3, 4 and Point b Clause 5 Article 23; Clause 1 Article 24; Articles 30, 38, 39 and 40 of this Decree are imposed on organizations.

3. For the same act of administrative violation, the fine to be imposed on an organization is 2 times that of the fine imposed on an individual.

4. The competence to impose fines of the titles specified in Chapter IV of this Decree is the competence to impose fines for an act of administrative violation committed by individuals, the competence to impose fines on an organization is twice as much as the competence to fine an individual.

 

Chapter II

ACTS OF ADMINISTRATIVE VIOLATION, SANCTIONING FORMS AND REMEDIAL MEASURES IN THE CULTURE SECTOR

 

Section 1. CINEMATOGRAPHY-RELATED VIOLATIONS

 

Article 6. Violations of regulations on film production

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of failure to make truthful declarations in applications for permits for cooperation or joint venture in film production, provision of film production services.

2. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on one of the following violations:

a) Modifying, erasing or changing the contents of licenses for film cooperation, joint venture, and provision of film production services;

b) Producing films revealing the privacy of other people without their consent as required by laws.

3. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed on one of the following violations:

a) Extracting, adding sounds and images that are defamatory and offend the value of the national emblem; distorting historical facts; denying revolutionary achievements; harming national sovereignty; insulting the nation, great figures and national heroes; provoking violence; containing pornography, debauchery, which is not serious enough for penal liability, to films obtaining dissemination permits;

b) Adding or removing contents of the films already obtaining dissemination permits.

4. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed on one of the following violations:

a) Producing movies offending an organization’s reputation, or an individual’s honor and dignity, except for the case of offending great figures and national heroes;

b) Producing movies with pornographic contents which is not serious enough for penal liability; provoking violence; movies spreading social evils; destroying ecological environment; not suitable for Vietnamese fine customs and traditions;

c) Failing to establish a Script Review Council, Film Review Council and Film Production Project Selection Council; failing to invite bids for film production funded by the state budget according to regulations.

5. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed on one of the following violations:

a) Entering into cooperation or joint venture in film production or provision of film production services not in accordance with the contents stated in the licenses for cooperation or joint venture in film production or provision of film production services;

b) Entering into cooperation or joint venture in production of films or provision of film production services without license;

c) Producing films that defame and offend the value of the national emblem; distorting historical facts; denying revolutionary achievements; harming national sovereignty; insulting the nation, great figures and national heroes; containing debauchery, which is not serious enough for penal liability;

d) Using permits for cooperation or joint venture in production of films or provision of film production services that are held by other film producers.

6. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for the act of allowing other organizations or individuals to use permits for cooperation or joint venture in film production, provision of film production services.

7. Additional sanctions:

a) Deprivation of the right to use permits for cooperation or joint venture in film production, provision of film production services for a definite time of between 18 months and 24 months for the violations specified in Clause 6 of this Article;

b) Confiscation of permits for cooperation or joint venture in film production, provision of film production services for the violations specified at Point a of Clause 2 of this Article.

8. Remedial measures:

a) Forcible confiscation of issued permits for cooperation or joint venture in film production, provision of film production services for the violations specified in Clause 1 of this Article;

b) Forcible apology to organizations or individuals, for the acts specified at Point b Clause 2, Point a Clause 4 of this Article;

c) Forcible ratification of false information, for the violations specified at Point a Clause 4 of this Article;

d) Forcible destruction of films for the acts specified at Point b Clause 2, Point a Clause 4 of this Article;

dd) Forcible destruction of cultural products with harmful contents for the acts specified at Point a Clause 3, Point b Clause 4 and Point c Clause 5 of this Article;

e) Forcible removal of infringement issues from films obtaining dissemination permits for the violations specified at Point b Clause 3 of this Article.

Article 7. Violations of regulations on film distribution regulations

1. A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed on one of the following violations:

a) Selling and renting films for internal use;

b) Erasing and modifying content of security labels or stickers on tapes and discs.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of selling or renting tapes or discs without security labels or stickers, or tapes or discs of films obtaining dissemination permits on which security labels or stickers are not the right ones.

3. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of fraudulently swapping the contents of films with security labels or stickers.

4. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for the act of releasing films when dissemination permits are not granted, except for the case of imported films.

5. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for the act of distributing films when decisions on recall, confiscation, prohibition against dissemination or destruction of such films are already issued.

6. Additional sanctions:

Confiscation of material evidence used in administrative violations specified in Clause 1 of this Article.

7. Remedial measures:

a) Forcible destruction of tapes or discs or materials containing films for the acts specified in Clauses 2, 3 and 4 of this Article;

b) Forcible destruction of cultural products with harmful contents for any violation specified in Clause 5 of this Article;

c) Forcible refund of illicit profits earned through the commission of violations defined in Clauses 1, 2, 3, 4 and 5 of this Article.

Article 8. Violations of regulations on film dissemination

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of showing films outside the time frame between 8:00 and 24:00 each day.

2. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on one of the following violations:

a) Disseminating films or movies stored on tapes or discs without security labels or stickers;

b) Disseminating films in contravention of rules and regulations inscribed in film dissemination permits or broadcasting decisions;

c) Failing to meet requirements for facilities and equipment installed in cinemas with special effects on the audience when they are in operation.

3. A fine ranging from VND 20,000,000 and VND 30,000,000 shall be imposed for the act of disseminating films without dissemination permits.

4. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed on one of the following violations:

a) Disseminating films subject to decisions to revoke, confiscate, destroy, prohibit dissemination or contain pornographic, lewd or indecent content, which is not serious enough for penal liability; provoking violence, except for the case specified in Clause 5 of this Article;

b) Disseminating films without warnings required by laws;

c) Disseminating movies to the audience who are not at the legitimate age or admitting the audience at inappropriate age to cinema theaters;

d) Disseminating films in contravention of regulations specified in film dissemination permits or broadcasting decisions;

dd) Disseminating Vietnamese films or movies at theaters without meeting prescribed requirements on screening rate and show time;

e) Disseminating movies or films to children under 16 years old going to the theater outside the timeframe from 8:00 to 22:00 every day;

g) Organizing specialized and thematic film festivals without consent from competent state agencies according to regulations.

5. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for the act of disseminating films that are subject to decisions on revocation, confiscation, destruction, or ban on dissemination or contain pornographic or indecent content, which is not serious enough for penal liability examination, or provoke violence on television in electronic forms, on the Internet and digital environment.

6. Additional sanctions:

Suspension from disseminating films at cinemas, for those committing the violations specified at Point a Clause 4 of this Article for a definite term of between 01 month to and 03 months.

7. Remedial measures:

a) Forcible destruction of tapes, discs or materials containing film content for the acts specified at Points a and b, Clauses 2 and 3 of this Article;

b) Forcible destruction of cultural products with harmful contents for the acts specified at Point a Clause 4 of this Article;

c) Forcible removal of films disseminated in electronic form, on the Internet and digital environment for the acts specified at Point b, Clause 2 and Clause 5 of this Article;

d) Forcible satisfaction of requirements on facilities and equipment in cinemas with special effects on audience for the acts specified at Point c Clause 2 of this Article;

dd) Forcible refund of illicit profits earned through the commission of violations defined in Clauses 1, 2, 3, Points a, b, c, d and e Clause 4 and Clause 5 of this Article.

Article 9. Violations of regulations on deposit, archiving, duplication and storage of films

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on any film archiving establishment committing one of the following violations:

a) Failing to protect the safety of a film and its original material, and failing to meet film archiving technical standards;

b) Failing to provide copies or extracts of documents to film production establishments for archiving purposes as legally specified.

2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of failing to provide adequate films or films of correct types for specified legal deposit or archiving purposes.

3. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for the act of failing to provide film copies for specified legal deposit or archiving purposes.

4. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for the act of duplicating films not yet obtaining dissemination permits.

5. A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed on one of the following violations:

a) Duplicating films already receiving decisions on recall, confiscation, destruction or prohibition from dissemination;

b) Illegally storing films of which decisions on recall, confiscation, destruction or prohibition from dissemination are already issued, but not serious enough for penal liability.

6. Additional sanctions:

Confiscation of means used for commission of violations defined in Clause 4, Point a Clause 5 of this Article.

7. Remedial measures:

a) Forcible destruction of tapes, discs or materials containing film content in case of committing the acts specified in Clause 4 of this Article;

b) Forcible destruction of cultural products with harmful contents in case of committing any violation specified in Clause 5 of this Article;

c) Forcible removal of cultural products with harmful contents in electronic form, on the Internet and digital environment in case of committing the acts specified at Point b Clause 5 of this Article.

Article 10. Violations of regulations on operation of representative offices of cinematographic establishments

1. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed on one of the following violations:

a) Operating in contravention of licenses;

b) Operating in contravention of written consent.

2. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed on one of the following violations:

a) Operating without licenses as required;

b) Operating without written consent as required.

3. Additional sanctions:

Deprivation of the right to use licenses to set up representative offices of foreign cinematographic establishments in Vietnam or deprivation of the right to use written consent to founding overseas representative offices of Vietnamese cinematographic establishments for a definite term of between 01 month and 03 months for the acts specified in Clause 1 of this Article.

 

Section 2. VIOLATIONS RELATING TO PERFORMING ARTS ACTIVITIES

 

Article 11. Violations of regulations on performing arts, performing arts contests, festivals

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following violations:

a) Making untruthful declarations in applications for permission for performing arts events, performing arts contests or festivals;

b) Failing to comply with notices that must be sent to competent state agencies under regulations on organization of art performances, performing arts contests and festivals for political purposes; for intra-corporate purposes;

c) Failing to comply with notices that must be sent to competent state agencies under regulations on organization of free-entrance art performances at tourism, entertainment, recreational service businesses and restaurants.

2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on one of the following violations:

a) Organizing performing arts events, performing arts contests or festivals in contravention of written consent;

b) Erasing, repairing, supplementing or changing the content of written consent to organizing performing arts events, performing arts contests or festivals;

c) Failing to notify competent state agencies though such notification is required by regulations on organizing art performances, performing arts contests and festivals for political purposes; for intra-corporate purposes;

d) Failing to notify competent state agencies though notification is required by regulations on organization of free-entrance art performances at tourism, entertainment, recreational service businesses and restaurants.

3. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed on one of the following violations:

a) Failing to revoke titles, prizes of performing arts contests and festivals when such revocation is required by a written request of the competent state agency;

b) Failing to publicly announce on mass media the revocation of titles, prizes of performing arts contests and festivals;

c) Using titles, awards of performing arts contests or festivals after they are revoked or decisions to cancel the results of performing arts contests or festivals are issued.

4. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for the act of employing performers to perform at arts events while being suspended performance by competent state agencies.

5. A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed on one of the following violations:

a) Performing arts in a way that does not duly respect traditional culture, is not age- and gender- appropriate as required by laws;

b) Performing arts or participating in performing arts contests or festivals in a way that incites violence; adversely affecting foreign relations; using costumes, words, sounds, images, movements, means of expression, forms of performance or acts without regard to national fine traditions and customs; causing negative impacts on ethical value, public health and social psychology; infringing upon the legitimate rights and interests of organizations and individuals;

c) Performing arts, performing arts contests and festivals that distort history, independence, sovereignty and territorial integrity; repudiate revolutionary achievements; offend beliefs, religions; insult national leaders, heroes or celebrities.

6. A fine ranging from VND 35,000,000 to VND 40,000,000 shall be imposed on one of the following violations:

a) Organizing performing arts events, performing arts contests or festivals without written consent;

b) Allowing other organizations or individuals to use written consent to organizing performing arts events, performing arts contests or festivals;

c) Using written consent to organizing performing arts events, performing arts contests or festivals granted to other organizations or individuals;

d) Repeating one of the acts specified in Clause 5 of this Article.

7. A fine ranging from VND 40,000,000 to VND 45,000,000 shall be imposed for the act of organizing performing arts events or performing arts contests or festivals that provoke violence; adversely affect foreign relations; use costumes, words, sounds, images, movements, means of expression, forms of performance or acts without regard to national fine traditions and customs; cause negative impacts on ethical value, public health and social psychology; infringe upon the legitimate rights and interests of organizations and individuals.

8. A fine ranging from VND 45,000,000 to VND 50,000,000 shall be imposed for the act of organizing performing arts events, performing arts contests and festivals that distort history, independence, sovereignty and territorial integrity; repudiate revolutionary achievements; offend beliefs, religions; insult national leaders, heroes or celebrities.

9. Additional sanctions:

a) Suspension from performance for a definite time of between 6 and 12 months, for the violations specified in Clause 5 of this Article;

b) Suspension from performance for a definite time of between 12 and 18 months, for the violations specified at Point d Clause 6 of this Article;

c) Suspension from performance for a definite time of between 12 and 24 months, for the violations specified in Clauses 7 and 8 of this Article;

d) Confiscation of material evidence used in administrative violations specified at Point b Clause 2 of this Article.

10. Remedial measures:

a) Forcible withdrawal of written consent to art performance organization; written consent to organization of performing arts contests or festivals for the acts specified at Point a, Clause 1 of this Article if such written consent is already granted;

b) Forcible apology to organizations or individuals for the acts specified at Point c Clause 3 of this Article;

c) Forcible withdrawal or revocation of titles or prizes for the violations specified at Point a Clause 3 of this Article;

d) Forcible announcement of the withdrawal or revocation of titles or prizes for the violations specified at Point b Clause 3 of this Article;

dd) Forcible refund of illicit profits earned through the commission of violations defined at Point a Clause 3, Clauses 4, 5, 6, 7 and 8 of this Article.

Article 12. Violations of regulations on beauty contests or model contests

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following violations:

a) Making untruthful declarations in the application for the written consent to organize beauty contests or model contests;

b) Making untruthful declarations in the application for the written confirmation of participation in overseas beauty contests or model contests;

c) Failing to comply with notices sent to competent state agencies according to regulations on beauty and model contests under the internal management of agencies or organizations.

2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on one of the following violations:

a) Organizing beauty or model contests in contravention of contents stated in the written consent;

b) Failing to notify competent state agencies according to regulations on beauty and model contests under the internal management of agencies or organizations.

3. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed on one of the following violations:

a) Failing to withdraw or revoke titles that individuals win in beauty or model contests when such revocation or withdrawal is required in writing by competent state agencies;

b) Failing to publicly announce the withdrawal or revocation of titles, prizes of beauty or model contests on mass media according to regulations;

c) Using titles, awards of beauty or model contests after being revoked or decisions to cancel the results of contests or festivals are issued;

d) Using titles that individuals win in overseas beauty or model contests without obtaining any consent from competent state agencies.

4. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for the act of participating in overseas beauty or model contests without obtaining consents from competent state agencies.

5. A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for the act of organizing beauty or model contests without obtaining consent.

6. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for the act of organizing beauty or model contests that provoke violence; adversely affect foreign relations; use costumes, words, sounds, images, movements, means of expression, forms of performance or acts without regard to national fine traditions and customs; cause negative impacts on ethical value, public health and social psychology; infringe upon the legitimate rights and interests of organizations and individuals.

7. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for the act of organizing beauty or model contests that distort history, independence, sovereignty and territorial integrity; repudiate revolutionary achievements; offend beliefs, religions; insult national leaders, heroes or celebrities.

8. Additional sanctions:

Suspension of organization of beauty or model contests for a definite time of between 6 months and 12 months, for the violations specified in Clauses 6 and 7 of this Article.

9. Remedial measures:

a) Forcible withdrawal or revocation of written consent to organizing beauty or model contests; written confirmation of participation in overseas beauty or model contests for the acts specified at Points a and b Clause 1 of this Article if these documents are already granted;

b) Forcible announcement of the withdrawal or revocation of titles or prizes for the violations specified at Point b Clause 3 of this Article;

c) Forcible withdrawal or revocation of titles or prizes for the violations specified at Point b Clause 3 of this Article;

d) Forcible apology to organizations or individuals for the acts specified at Point c Clause 3 of this Article;

dd) Forcible refund of illicit profits earned through the commission of violations defined at Point a Clause 3, Clauses 5, 6 and 7 of this Article.

Article 13. Violations of regulations on circulation of audio and video recordings containing performing arts content

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on one of the following violations:

a) Circulating audio and video recordings without legal deposit;

b) Circulating audio and video recordings different from the deposited ones.

2. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed on one of the following violations:

a) Circulating audio and video recordings subject to decisions on revocation of circulation or forcible destruction issued by competent state agencies, except the cases specified in Clause 4 of this Article.

b) Circulating audio and video recordings that infringe upon legitimate rights and interests of organizations or individuals.

3. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed on the violations relating to the circulation of audio and video recordings that provoke violence; adversely affect foreign relations; use costumes, words, sounds, images, movements, means of expression, forms of performance or acts without regard to national fine traditions and customs; cause negative impacts on ethical value, public health and social psychology.

4. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed on the violations relating to the circulation of audio and video recordings that distort history, independence, sovereignty and territorial integrity; repudiate revolutionary achievements; offend beliefs, religions; insult national leaders, heroes or celebrities.

5. Remedial measures:

a) Forcible destruction or elimination of audio and video recordings for the acts specified in Clause 1, Point b Clause 2 of this Article;

b) Forcible destruction or elimination of cultural products with harmful contents for the acts specified at Point a Clause 2, Clauses 3 and 4 of this Article;

c) Forcible refund of illicit profits earned through the commission of violations defined in Clauses 1, 2, 3 and 4 of this Article.

d) Forcible removal of cultural products with harmful contents in electronic form, on the Internet and digital environment in case of committing the acts specified in Clauses 1, 2, 3 and 4 of this Article.

 

Section 3. VIOLATIONS RELATING TO ORGANIZATION OF FESTIVALS; TRADING OF KARAOKE SERVICES, DISCOTHEQUE SERVICES; CULTURAL ACTIVITIES AND COMMUNITY CULTURAL SERVICES

 

Article 14. Violations of regulations on organization of festivals

1. A fine ranging from VND 200,000 to VND 500,000 shall be imposed on one of the following violations:

a) Burning incense or burning votive paper in the wrong places;

b) Uttering profanities, swearing or insulting holy spirit, affecting the solemn atmosphere of festivals;

c) Wearing clothes which are inappropriate or do not conform to Vietnamese cultural traditions.

2. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed on one of the following violations:

a) Failing to submit reports on festival organization results to competent state agencies according to regulations;

b) Insisting on asking festival attendees to use services and goods.

3. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed on one of the following violations:

a) Failing to establish festival organizers’ boards according to regulations;

b) Selling festival tickets and collecting fees for participation in festivals;

c) Organizing festivals without toilets or with toilets that fail to meet the specified standards at areas where festivals are held or at relics;

d) Failing to disseminate and introduce purposes, meaning and value of festivals on the loudspeaker systems or signage and other forms of propaganda;

dd) Failing to publicize hotline numbers to receive feedbacks from festival participants.

4. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed on one of the following violations:

a) Exploiting festival activities to any personal advantage;

b) Joining superstitious activities in festivals.

5. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following violations:

a) Restoring customs and practices affecting health, human personality and cultural traditions of Vietnam;

b) Forcing organizations and individuals to contribute their funds to festivals.

6. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on one of the following violations:

a) Organizing festivals without prior notification to competent state agencies as required by law;

b) Organizing festivals involving activities in contravention of the registered ones or those notified to competent state agencies.

7. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed on one of the following violations:

a) Organizing festivals that are subject to registration regulations without obtaining written consents from competent state agencies;

b) Organizing traditional festivals of which historical and cultural nature and meaning are incorrect;

c) Performing rituals that are violent, offensive, contrary to the traditional peace-loving and humanitarian tradition of Vietnam;

d) Failing to delay festivals at the request of the competent state agency;

dd) Organizing superstitious activities.

8. Remedial measures:

a) Forcible refund of illicit profits earned through the commission of violations defined at Point b Clause 3, Point a Clause 4 and Point d Clause 7 of this Article;

b) Forcible refund of illegal profits gained from commission of violations defined at Point b Clause 5 of this Article.

Article 15. Violations of regulations on karaoke and discotheque service business

1. A warning or a fine ranging from VND 200,000 to VND 500,000 shall be imposed for the act of failing to wear costumes or name plates provided by employers.

2. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for the act of failing to wear costumes or name plates provided by employers.

3. A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for the act of failing to submit certificates of eligibility for karaoke or discotheque service provision upon receipt of revocation decisions from competent state agencies.

4. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of making untruthful declarations in applications for certificates of eligibility for karaoke or discotheque service provision.

5. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on one of the following violations:

a) Providing discotheque services for persons under 18 years old;

b) Providing karaoke services outside the legitimate time frame from 8:00 to 24:00 each day;

c) Modifying, erasing, deleting, adding or changing information contained in certificates of eligibility for provision of karaoke and discotheque services.

6. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed on one of the following violations:

a) Providing karaoke and discotheque services though specified dimensional requirements are not met;

b) Mounting door latches inside karaoke or disco ballrooms;

c) Installing alarm equipment, except for fire and explosion detection systems at the places where karaoke and discotheque services are provided;

d) Failing to make photos duly fit with the lyrics shown on karaoke screens (or in other similar forms) or with the culture, moral value and fine customs of the Vietnamese people in each karaoke room;

dd) Failing to adjust certificates of eligibility for karaoke or discotheque service provision in case of changing the number of rooms or owners;

e) Opening discotheques outside the legitimate time frame from 02:00 to 8:00 each day;

g) Running discotheque service business at locations less than 200 meters away from schools, hospitals, religious and belief establishments, historical-cultural relics.

7. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed on one of the following violations:

a) Providing karaoke services without licenses or permits as required by law;

b) Using certificates of eligibility for provision of karaoke services held by other organizations or individuals for business purposes;

c) Letting other organizations or individuals use certificates of eligibility for provision of karaoke services for business purposes.

8. A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed on one of the following violations:

a) Providing discotheque services without licenses or permits as required by law;

b) Using certificates of eligibility for discotheque service provision held by other organizations or individuals for business purposes;

c) Letting other organizations or individuals use certificates of eligibility for discotheque service provision for business purposes.

9. Additional sanctions:

a) Deprivation of the right to use certificates of eligibility for karaoke or discotheque service provision for a definite term of between 18 months and 24 months, for the violations specified at Point c Clause 7 and Point c Clause 8 of this Article;

b) Forcible confiscation of material evidence used for commission of violations specified at Point c Clause 5 of this Article.

10. Remedial measures:

a) Forcible revocation of certificates of eligibility for karaoke or discotheque service provision, for the violations specified in Clause 4 of this Article if these certificates have already been issued;

b) Forcible refund of illicit profits earned through the commission of violations defined at Point b Clause 5, Point e Clause 6, Clause 7 and Clause 8 of this Article.

Article 16. Violations of regulations on public cultural and cultural service business activities

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following violations:

a) Hanging or displaying paintings, pictures, calendars or other objects with pornographic or debauchery content but not serious enough for penal liability examination; provoking violence at discotheque service establishments, karaoke service establishments, tourist accommodation establishments, restaurants providing food and beverage services or other public cultural and cultural service business sites;

b) Organizing entertainment and recreational activities outside the timeframe from 8:00 to 24:00 each day, except for the cases specified in Clause 1, Point dd and Point e, Clause 4, Article 8; Point b Clause 5 and Point e Clause 6 Article 15; Clause 2 Article 31 of this Decree.

2. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for the act of selling or propagating paintings, pictures and other cultural products containing pornographic or debauching content but not serious enough for penal liability examination; provoking violence; spreading social evils; not conforming to Vietnamese customs and cultural traditions, or those with the content involved in decisions on suspension of circulation, ban on circulation, recall, confiscation or destructions issued by competent authorities.

3. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the act of rendering pornographic services at club discos, karaoke bars, or tourist accommodation establishments, restaurants, other public cultural and cultural service business sites.

4. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for the act of rendering pornographic services at club discos, karaoke bars, or tourist accommodation establishments, restaurants, other public cultural and cultural service business sites.

5. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for the act of allowing customers to perform naked dancing or other debauched activities at club discos, karaoke bars, or tourist accommodation establishments, restaurants, other public cultural centers and public cultural service businesses.

6. Additional sanctions:

Deprivation of the right to use certificates of eligibility for karaoke or discotheque service provision for a definite term of between 18 months and 24 months, for the violations specified in Clauses 4 and 5 of this Article;

8. Remedial measures:

a) Forcible destruction or elimination of cultural products with harmful contents for the acts specified at Point a Clause 1 and Clause 2 of this Article;

b) Forcible refund of illicit profits earned through the commission of violations defined at Point b Clause 1 and Clause 2 of this Article.

 

Section 4. VIOLATIONS RELATING TO ARTISTIC, PHOTOGRAPHIC AND EXHIBITION ACTIVITIES

 

Article 17. Violations of regulations on artistic activities

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following violations:

a) Failing to notify competent state agencies of art competitions before organizing them in accordance with regulations;

b) Organizing art competitions without obtaining required written consent from competent state agencies;

c) Failing to inform competent state agencies of results of art competitions as required;

d) Making untruthful declarations in application for licenses for reproduction of artworks about cultural celebrities, national heroes, leaders or application for art exhibition permits or application for permits for the construction of monuments, monumental paintings or artwork competition announcement dossiers.

2. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on one of the following violations:

a) Organizing artwork competitions in breach of announcements;

b) Correcting, erasing, removing, adding or changing information included in art exhibition permits or licenses for reproduction of art works about cultural celebrities, national heroes, leaders or permits for construction of monuments, monumental paintings or permits for organizing sculpture camps.

3. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed on one of the following violations:

a) Organizing fine art exhibitions and sculpture camps without conforming to information included in permits;

b) Failing to re-apply for art exhibition permits as required by law;

c) Reproducing artworks about cultural celebrities, national heroes or leaders for business purposes or placing them in public places in contravention of contents stated in the permits.

4. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed on one of the following violations:

b) Organizing fine art exhibitions without obtaining required permits;

b) Organizing sculpture camps without obtaining permits required by law;

c) Reproducing artworks about cultural celebrities, national heroes or leaders for business purposes or placing them in public places without permits, except for the cases specified at Point c Clause 5 of this Article;

d) Duplicating artworks about cultural celebrities, national heroes or leaders without showing respect;

dd) Organizing art competitions without obtaining consent from competent state agencies.

e) Exhibiting fine artworks and other artistic products promoting obscene lifestyle, criminal acts, social evils, destroying public decency and environment; offending reputation of entities, honor and dignity of individuals;

g) Making artworks promoting obscene lifestyle, criminal acts, social evils, destroying public decency and environment; offending reputation of entities, honor and dignity of individuals.

5. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed on one of the following violations:

a) Exhibiting artworks or other artistic products provoking violence; debauched lifestyle not to the extent of being criminally prosecuted; distorting historical facts; denying revolutionary achievements; insulting the nation, national heroes and cultural celebrities;

b) Building statues and monumental pictures in breach of contents of permits;

c) Building statues and monumental pictures without obtaining required permits;

d) Making artworks provoking violence; debauched lifestyle but not serious enough for penal liability examination; distorting historical facts; denying revolutionary achievements; insulting the nation, national heroes and cultural celebrities; or different from the approved samples.

6. Additional sanctions:

Forcible confiscation of material evidence used for commission of violations specified at Point b Clause 2, Point c Clause 3, Point c and Point d Clause 4 of this Article.

7. Remedial measures:

a) Forcible destruction or elimination of cultural products with harmful contents, for the acts specified at Point a Clause 5 of this Article;

b) Forcible destruction of material evidence used for commission of violations specified at Points a and b Clause 4 of this Article;

c) Forcible demolition of statues and monumental pictures in breach of contents of permits, for the acts specified at Point c Clause 3 and Point b Clause 5 of this Article;

d) Forcible demolition of statues, monumental pictures and artworks, for the acts specified at Point g Clause 4, Point c and Point d Clause 5 of this Article;

dd) Forcible removal of material evidence used for commission of violations from exhibition venues or organizing sculpture camps in case of committing the violations specified at Points a and b Clause 1, Point a and Point b Clause 4 of this Article;

e) Forcible removal of infringement issues from exhibitions or sculpture camps for the violations specified at Point a of Clause 3 of this Article;

g) Forcible revocation of licenses for reproduction of artworks about cultural celebrities, national heroes, leaders or art exhibition permits or permits for construction of monuments, monumental paintings or written consent to artwork competitions for the violations specified at Point d Clause 1 of this Article in case they are already granted;

h) Forcible refund of illicit profits earned through the commission of the act of reproducing artworks about cultural celebrities, national heroes or leaders for business purposes specified at Point c Clause 3 and Point c Clause 4 of this Article.

Article 18. Violations of regulations on photography activities

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following violations:

a) Failing to notify competent state agencies of advertisement for photography production, production camps, competitions and festivals in Vietnam according to regulations;

b) Falling to reissue notification of any change in sent written documents according to regulations;

c) Failing to notify competent state agencies of sending photographic products from Vietnam to foreign countries to take part in contests or festivals according to regulations;

d) Making untruthful declarations in application for permits for exhibition of photographic products.

2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of altering or erasing the content of photographic product exhibition permits or licenses.

3. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed on one of the following violations:

a) Organizing photographic product exhibitions in Vietnam in contravention of the regulations stated in permits or licenses;

b) Sending photographic products from Vietnam to abroad for exhibition purposes in contravention of the regulations stated in permits or licenses;

c) Failing to carry out procedures for re-applying for licenses and permits for photographic product exhibitions held in Vietnam according to regulations.

4. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the act of organizing photographic product exhibitions in Vietnam without any permit or license according to regulations.

5. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed on one of the following violations:

a) Sending photographic products from Vietnam to abroad for exhibition purposes without any permit or license according to regulations;

b) Exhibiting photographic products prohibited from propagation, except for the cases specified at Point a Clause 6 of this Article;

c) Editing and merging photographic works that falsify images to infringe upon the reputation of organizations, honor and dignity of any individual.

6. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed on one of the following violations:

a) Exhibiting photographic products provoking violence; having pornographic and debauching contents in Vietnam but not serious enough for penal liability examination;

b) Editing and merging photographic works to the extent of falsifying the contents of the images for the purpose of distorting historical truth, denying revolutionary achievements; offending great figures, national heroes, leaders or cultural celebrities;

c) Buying, selling, using or disseminating photographic works in contravention of laws or obtaining decisions on suspension of circulation, prohibition of circulation, withdrawal, confiscation or destruction from competent state agencies.

7. Additional sanctions:

Confiscation of material evidence used in administrative violations specified in Clause 2 of this Article.

8. Remedial measures:

a) Forcible confiscation of issued permits for exhibition of photographic products, for violations specified at Point d Clause 1 of this Article;

b) Forcible removal of infringing content from photography exhibitions for the violations specified at Points a and b Clause 3 of this Article;

c) Forcible destruction or elimination of cultural products with harmful contents, for the acts specified at Points b and c Clause 5 and Clause 6 of this Article;

d) Forcible apology to organizations or individuals for the acts specified at Point c Clause 5 of this Article;

dd) Forcible ratification of false information for the violations specified at Point b Clause 6 of this Article;

e) Forcible destruction or elimination of material evidence used for commission of the violations specified in Clause 4 and Point a Clause 5 of this Article;

g) Compulsory refund of illegal profits earned through the commission of violations defined at Point c Clause 6 of this Article.

Article 19. Violations of regulations on exhibition activities

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following violations:

a) Failing to notify competent state agencies of organization of exhibitions;

b) Falling to re-notify any change in sent written notifications according to regulations;

c) Making untruthful declarations in application for permits or licenses for organization of exhibitions.

2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of altering or erasing the content of permits or licenses for organization of exhibitions.

3. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed on one of the following violations:

a) Organizing exhibitions in Vietnam in contravention of the regulations stated in permits or licenses, except for the cases specified in Clause 6 of this Article;

b) Sending products, artefacts or documents abroad in contravention of the regulations stated in licenses or permits, except for the cases specified in Clause 6 of this Article;

c) Failing to apply for reissued licenses and permits for exhibitions in Vietnam according to regulations.

4. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the act of organizing exhibitions in Vietnam without obtaining permit or license according to regulations.

5. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed on one of the following violations:

a) Sending products, artefacts and documents from Vietnam to abroad without obtaining permit or license according to regulations;

b) Having exhibition of products, artefacts and documents with contents violating regulations on civilized lifestyle, propagating violence, criminal acts, social evils harmful to health, and destroying the ecological environment;

c) Exhibiting products, artefacts and documents of which content discloses secrets of agencies, organizations or individuals without obtaining consent from such agencies, organizations or individuals.

6. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for the act of exhibiting products, artefacts and documents of which content distorts historical facts, denies revolutionary achievements; offending great figures, national heroes and cultural celebrities; insulting the prestige of agencies, organizations, honor or dignity of any individual.

7. Additional sanctions:

Confiscation of material evidence used in administrative violations specified in Clause 2 of this Article.

8. Remedial measures:

d) Forcible confiscation of issued permits or licenses for organization of exhibitions, for violations specified at Point c Clause 1 of this Article;

b) Forcible removal of infringing content from exhibitions for the violations specified at Points a and b Clause 3 of this Article;

c) Forcible destruction of material evidence used for commission of the violations specified in Clause 4 and Point a Clause 5 of this Article;

d) Forcible destruction of cultural products with harmful contents in case of committing the acts specified at Points b and c Clause 5 and Clause 6 of this Article.

9. The sanctions specified in Clauses 1, 2, 3, 4, 5 and 6 of this Article shall not apply to the exhibitions specified in Clause 2 Article 1 of the Government’s Decree No. 23/2019/ND-CP dated February 26, 2019, on exhibition.

 

Section 5. VIOLATIONS RELATING TO CULTURAL HERITAGE

 

Article 20. Violations of regulations on protection of cultural heritage

1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for the act of leaving writing or drawings on, soiling or spoiling historical-cultural relics or spots of beauty.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the act of falsely disseminating or presenting content and value of historical-cultural relics or spots of beauty.

3. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of making untruthful declarations in applications for licenses or permits for reproduction of remains, antiques or national treasures.

4. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on one of the following violations:

a) Failing to register national treasures with competent state agencies or notify competent state agencies of change of owners of national treasures;

b) Removing, modifying or altering content of certificates of ranking of historical-cultural relics or certificates of intangible cultural heritage that has been included in the List of national intangible cultural heritages or permits or license for reproduction of remains, antiques and national treasures.

5. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed on one of the following violations:

a) Reproducing remains, antiques and national treasures in contravention of the regulations stated in licenses or permits;

b) Falsely propagating and practicing regulations regarding intangible cultural heritages;

c) Arbitrarily bringing in new unsuitable elements to the extent that such action causes reduction in the value of intangible cultural heritage.

6. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed on one of the following violations:

a) Damaging artifacts in museums, historical-cultural relics or spots of beauty that have been ranked or included in the List of Inventory of Local Monuments;

b) Failing to obtain written consent from Chairpersons of the provincial-level People's Committees for provincial monuments or failing to obtain written consent from the Minister of Culture, Sports and Tourism for national monuments and special national monuments when building construction works to protect and promote the value of monuments in the protected areas No. II;

c) Taking advantage of the act of protecting and upholding the value of cultural heritage for mercenary or superstitious reasons.

7. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed on one of the following violations:

a) Destroying or altering elements constituting historical-cultural relics and spots of beauty;

b) Encroaching upon land for historical-cultural relics or spots of beauty;

c) Illegally using historical-cultural relics or spots of beauty;

d) Reproducing remains, antiques and national treasures without obtaining any license or permit legally specified;

dd) Illegally buying, selling, exchanging and transporting, within the territory of Vietnam, remains, antiques and national treasures of historical-cultural relics or scenic spots and those of illegal origin;

e) Seriously damaging artifacts in museums, historical-cultural relics or spots of beauty that have been ranked or included in the List of Inventory of Local Monuments.

8. Additional sanctions:

a) Confiscation of means used for commission of the administrative violations defined at Point a Clause 5, Point d Clause 7 of this Article;

b) Confiscation of material evidence used in administrative violations specified at Point b Clause 4, Point a Clause 5, Point d and Point dd Clause 7 of this Article.

9. Remedial measures:

a) Forcible restoration of the original state of historical-cultural relics or spots of beauty, for the act of leaving writing or drawings on, soiling or spoiling historical-cultural relics or spots of beauty specified in Clause 1 and Point c Clause 7 of this Article;

b) Forcible return of encroached land, unless such land is eligible for obtaining recognition of land use rights under Article 22 of the Government's Decree No. 43/2014/ND-CP dated May 15, 2014, detailing a number of articles of the Land Law, for the acts specified at Point b Clause 7 of this Article;

c) Forcible dismantlement of construction works for the acts specified at Point b Clause 6 of this Article;

d) Forcible refund of illicit profits earned through the commission of violations defined in Clause 5, Point c Clause 6, Points d and dd Clause 7 of this Article;

dd) Forcible revocation of issued permits or licenses for reproduction of remains, antiques and national treasures, for the violations specified in Clause 3 of this Article;

e) Forcible ratification of false information for the violations specified in Clause 2, Points b and c Clause 5 of this Article.

Article 21. Violations of regulations on business conditions for expertise of antiques

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of making untruthful declarations in applications for issuance and reissuance of certificates of eligibility for provision of antique expertise service.

2. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for the act of altering or erasing the content of certificates of eligibility for provision of antique expertise service.

3. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the act of failing to apply for reissuance of certificates of eligibility for provision of antique expertise service.

4. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed on one of the following violations:

a) Failing to have expertise equipment or means appropriate for the registered activities as prescribed;

b) Failing to ensure the minimum number of professional antique experts during the period of business of expertise of antiques according to regulations.

5. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed on one of the following violations:

a) Providing antique expertise service without obtaining certificates of eligibility for antique expertise service business according to regulations;

b) Letting other businesses use certificates of eligibility for antique expertise service business;

b) Using certificates of eligibility for antique expertise service business held by other businesses.

6. Additional sanctions:

a) Confiscation of material evidence used in administrative violations specified in Clause 2 of this Article;

b) Deprivation of the right to use certificates of eligibility for antique expertise service business for the duration of between 1 and 3 months for the violations specified in Clause 4 of this Article;

c) Deprivation of the right to use certificates of eligibility for antique expertise service business for a definite term of between 3 and 6 months for the violations specified at Point b Clause 5 of this Article.

7. Remedial measures:

a) Forcible revocation of issued or reissued certificates of eligibility for antique expertise service business for the violations specified in Clause 1 of this Article;

b) Forcible refund of illegal profits earned through the commission of violations specified in Clause 5 of this Article.

Article 22. Violations of regulations on certificates of practicing in preservation, renovation and restoration of relics

1. A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for the act of making untruthful declarations in applications for issuance and reissuance of certificates of practicing in preservation, renovation and restoration of relics.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of failing to apply for reissuance of certificates of practicing in preservation, renovation and restoration of relics according to regulations, except those that have been expired.

3. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of altering or erasing the content of certificates of practicing in preservation, renovation and restoration of relics.

4. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed on one of the following violations:

a) Practicing preservation, renovation and restoration of relics without obtaining any certificate according to regulations;

b) Using others’ certificates of practicing in preservation, renovation and restoration of relics;

c) Using expired certificates of practicing in preservation, renovation and restoration of relics;

d) Letting other persons use certificates of practice in preservation, renovation and restoration of relics.

5. Additional sanctions:

a) Confiscation of material evidence used in administrative violations specified in Clause 3 and Point c Clause 4 of this Article;

b) Deprivation of the right to use certificates of practicing in preservation, renovation and restoration of relics for a definite term of between 3 and 6 months for the violations specified at Point d Clause 4 of this Article.

6. Remedial measures:

a) Forcible revocation of issued or reissued certificates of practicing in preservation, renovation and restoration of relics for the violations specified in Clause 1 of this Article;

b) Forcible refund of illegal profits earned through the commission of violations defined in Clause 4 of this Article.

Article 23. Violations of regulations on certificates of eligibility for practicing preservation, renovation and restoration of relics

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of making untruthful declarations in applications for issuance and reissuance of certificates of eligibility for practicing preservation, renovation and restoration of relics.

2. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for the act of altering or erasing the content of certificates of eligibility for practicing preservation, renovation and restoration of relics.

3. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the act of failing to apply for reissuance of certificates of eligibility for practicing preservation, renovation and restoration of relics according to regulations, except those that have been expired.

4. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed on one of the following violations:

a) Failing to ensure the minimum number of persons holding certificates of eligibility for practicing preservation, renovation and restoration of relics during the business period according to regulations;

b) Using expired certificates of eligibility for practicing preservation, renovation and restoration of relics.

5. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed on one of the following violations:

a) Practicing preservation, renovation and restoration of relics without obtaining any certificate of eligibility for practicing preservation, renovation and restoration of relics according to regulations;

b) Letting other organizations use certificates of eligibility for practicing preservation, renovation and restoration of relics;

c) Using other organizations’ certificates of eligibility for practicing preservation, renovation and restoration of relics to practice.

6. Additional sanctions:

b) Deprivation of the right to use certificates of eligibility for practicing preservation, renovation and restoration of relics for a definite term of between 1 and 3 months for the violations specified at Point a Clause 4 of this Article;

b) Deprivation of the right to use certificates of eligibility for practicing preservation, renovation and restoration of relics for a definite term of between 3 and 6 months for the violations specified at Point b Clause 5 of this Article;

c) Confiscation of material evidence used in administrative violations specified in Clause 2 and Point b Clause 4 of this Article.

7. Remedial measures:

a) Forcible revocation of issued or reissued certificates of eligibility for practicing preservation, renovation and restoration of relics for the violations specified in Clause 1 of this Article;

b) Forcible refund of illegal profits earned through the commission of violations defined in Clause 5 of this Article.

Article 24. Violations of regulations on archaeological excavation, preservation, renovation and restoration of historical-cultural relics or spots of beauty

1. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed on one of the following violations:

a) Performing archaeological exploration and excavation activities in contravention of the contents stated in permits or licenses;

b) Preserving, renovating and restoring historical-cultural relics or spots of beauty in contravention of the approved planning schemes, projects and technical designs.

2. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed on one of the following violations:

a) Performing archaeological exploration and excavation activities without obtaining any permit or license;

b) Preserving, renovating and restoring historical-cultural relics, spots of beauty without obtaining written consent from competent state agencies.

3. A fine ranging from VND 40,000,000 to VND 50,000,000 for illegal digging or salvage activities performed at archaeological sites.

4. Additional sanctions:

Confiscation of material evidence used in administrative violations specified at Point a Clause 1, Point a Clause 2 and Clause 3 of this Article.

5. Remedial measures:

Forcible restoration of the original state, for the acts specified at Point a Clause 1, Point a Clause 2 and illegal digging activities performed at archaeological sites specified in Clause 3 of this Article.

Article 25. Violations of regulations on reporting and surrender of discovered remains, antiques and national treasures

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for the act of failing to report or surrender discovered remains and antiques.

2. Additional sanctions:

Confiscation of material evidence used in administrative violations specified in Clause 1 of this Article.

 

Section 6. LIBRARY-RELATED VIOLATIONS

 

Article 26. Violations against prohibitions related to library activities

1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed on one of the following violations:

a) Swapping information resources, except ancient, precious and rare documents and collections of special value;

b) Appropriating information resources, except ancient, precious and rare documents and collections of special value;

c) Illegally providing information about library users.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed on one of the following violations:

a) Restricting the right to access and use resources of information about library users in contravention of law;

b) Damaging information resources, except ancient, precious and rare documents and collections of special value.

3. A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed for the act of destroying information resources, except ancient, precious and rare documents and collections of special value.

4. A fine ranging from VND 7,000,000 to VND 10,000,000 shall be imposed for the act of ruining or destroying library information systems and databases.

5. Suspension of operation of community libraries or private libraries providing public library services or libraries of foreign organizations and individuals providing services to Vietnamese people for a definite term of between 6 months and 12 months, for the act of taking advantage of library activities to provoke violence; undermine fine customs and traditions; drag library users into social vices.

6. Remedial measures:

a) Forcible return of fraudulently exchanged or appropriated information resources specified at Points a and b Clause 1 of this Article;

b) Forcible restoration the original state, for the violations specified at Point b Clause 2 and Clause 4 of this Article.

Article 27. Violations of regulations on activities of community libraries or private libraries providing public library services or libraries of foreign organizations and individuals providing services to Vietnamese people

1. Warning or a fine ranging from VND 200,000 to VND 500,000 shall be imposed on one of the following violations:

a) Failing to notify competent state agencies of establishment, merger, consolidation, split-up, separation, dissolution or termination of libraries according to regulations;

b) Failing to ensure the minimum number of book volumes during the operational period of a library.

2. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for the act of failing to meet the prescribed requirements on library infrastructure, facilities and staff during the operational period, except the cases specified at Point b Clause 1 of this Article.

3. A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for the act of establishment, merger, consolidation, split-up, separation, dissolution or termination of libraries without written consent from competent state agencies according to regulations.

4. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of repeating the violations specified in Clauses 1, 2 and 3 of this Article.

5. Remedial measures:

Forcible addition of the number of book volumes, facilities, utilities and staff of libraries according to regulations for the violations specified at Point b Clause 1 and Clause 2 of this Article.

Article 28. Violations of regulations on rights and duties of community libraries or private libraries providing public library services or libraries of foreign organizations and individuals providing services to Vietnamese people

1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed on one of the following violations:

a) Performing their functions, duties and activities different from those already notified to competent agencies in charge of libraries;

b) Failing to comply with regulations on reporting of library operations to competent state agencies;

c) Failing to announce internal rules, regulations and instructions for use of libraries.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed on one of the following violations:

a) Failing to ensure public disclosure and transparency of information resources according to regulations;

b) Receiving grants, donations, aids or financial contributions in contravention of laws.

3. Remedial measures:

Forcible refund of illegal profits earned through the commission of violations defined at Point b Clause 2 of this Article.

Article 29. Violations of regulations on obligations of librarians

Warning or a fine ranging from VND 200,000 to VND 500,000 shall be imposed on one of the following violations:

1. Treating library users in an unfair manner;

2. Behaving in contravention of the library’s code of conduct.

Section 7. OTHER VIOLATIONS ARISING IN THE CULTURAL SECTOR

 

Article 30. Violations of regulations on establishment and operation of foreign cultural institutions in Vietnam

1. A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed on one of the following violations:

a) Failing to submit required annual or on-demand performance reports to competent state agencies according to regulations;

b) Failing to notify competent state agencies of addresses of branches and proposed activity locations of activities and term of authorization granted to branches.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following violations:

a) Failing to notify competent state agencies at places where it is headquartered of legal representatives, managers, staff and time of commencement and termination of work of legal representatives, managers and staff;

b) Operating in contravention of the content stated in the certificates of registration or licenses for establishment and operation;

c) Making untruthful declarations in applications for issuance and reissuance of certificates of registration or licenses for establishment and operation.

3. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on one of the following violations:

a) Failing to apply for reissuance of certificates of registration or licenses for establishment and operation of foreign cultural institutions in Vietnam or certificates of establishment and operation of branches according to regulations;

b) Erasing or altering the content of certificates of registration or licenses for establishment and operation.

4. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for the act of failure to possess certificates of establishment and operation of branches according to regulations.

5. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for the act of failure to possess certificates of registration or licenses for establishment and operation of foreign cultural institutions in Vietnam.

6. Additional sanctions:

Confiscation of material evidence used in administrative violations specified at Point b Clause 3 of this Article.

7. Remedial measures:

Forcible revocation of issued or reissued certificates of registration or licenses for establishment and operation for the violations specified at Point c Clause 2 of this Article.

Article 31. Violations of regulations on offline electronic games

1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the act of conducting business of offline electronic games at less than 200 meters from primary, lower secondary or upper secondary schools.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of conducting business of offline electronic games outside the time frame between 8:00 and 22:00 every day.

3. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of failing to attach security or marketing stamps or labels certified by competent state agencies according to regulations to offline electronic games.

4. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for the act of organizing offline electronic games containing pornographic content, but not serious enough for penal liability examination; or provoking violence.

5. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed on one of the following violations:

a) Providing offline electronic games containing debauching content, but not serious enough for penal liability examination;

b) Selling or renting out electronic gaming tapes or CDs having pornographic and debauching contents, but not serious enough for penal liability examination; provoking violence.

6. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for the act of manufacturing electronic game tapes or CDs containing pornographic content, but not serious enough for penal liability examination required; or provoking violence.

7. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for the act of manufacturing electronic game tapes or CDs containing debauching content, but not serious enough for penal liability examination; or harming national sovereignty.

8. Additional sanctions:

a) Confiscation of gaming machines, for the violations specified in Clause 4 and Point a Clause 5 of this Article;

b) Confiscation of means used for commission of the violations defined in Clause 6 and Clause 7 of this Article.

9. Remedial measures:

a) Forcible sticking of security or marketing stamps or labels on offline gaming machines, for the violations specified in Clause 3 of this Article;

b) Forcible destruction of cultural products with harmful contents in case of committing any violation specified in Clauses 4, 5, 6 and 7 of this Article;

c) Forcible refund of illicit profits earned through the commission of violations defined in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article.

Article 32. Violations of regulations on cultural activities of persons with disabilities and the elderly

1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for the act of refusal to provide services and equipment for persons with disabilities and the elderly to help them have access to cultural activities when the conditions are fully met.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the act of failing to grant service fare or charge reduction or exemption to persons with disabilities and the elderly who wish to join cultural activities according to regulations.

3. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of preventing persons with disabilities and the elderly from participating in cultural activities to which they are admitted when the conditions are fully met.

4. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for the act of provision of unsafe services and equipment for persons with disabilities and the elderly when they join cultural activities.

5. Remedial measures:

Forcible refund of illegal profits earned through the commission of violations defined in Clause 2 of this Article.

Chapter III

ACTS OF ADMINISTRATIVE VIOLATIONS, SANCTIONING FORMS AND REMEDIAL MEASURES IN ADVERTISING SECTOR

 

Section 1. VIOLATIONS OF GENERAL REGULATIONS

 

Article 33. Violations of regulations on advertising of products, goods and services banned from advertising

1. A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed on one of the following violations:

a) Advertising cigarettes;

b) Advertising wine that contains 15% alcohol or above;

c) Advertising dairy products being breast milk substitutes for infants under 24 months old, nutritional supplements for infants under 6 months old; feeding bottles and pacifiers;

d) Advertising prescription medicines, non-prescription medicines recommended by competent state agencies to be used restrictively or under physician’s supervision; drugs of which the periods of registration for marketing authorization are expired;

dd) Advertising other products, goods and services banned from advertising.

2. A fine ranging from VND 70,000,000 to VND 100,000,000 shall be imposed on one of the following violations:

a) Advertising goods and services banned from trading according to regulations;

b) Advertising pornographic products and goods;

c) Advertising hunting rifles and their bullets, sporting weapons and products and goods of violence-inciting nature.

3. Remedial measures:

Forcible removal, demolition or deletion of advertisements or forcible recall of printed newspapers and magazines with advertisements for the acts specified in Clauses 1 and 2 of this Article.

Article 34. Violations of regulations on prohibited acts in advertising

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for the act of hanging, placing, sticking or painting advertisements on electric poles, traffic light poles and public trees, except for the cases specified at Point d Clause 3, Point b Clause 5, and Point b Clause 8, Article 12 of the Government's Decree No. 100/2019/ND-CP dated December 30, 2019, on sanctioning administrative violations in the field of road traffic and railway.

2. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on one of the following violations:

a) Advertising using the words “best”, “only”, “the best”, “number one” or words with similar meaning without lawful proving documents as prescribed;

b) Using advertisements that affect the urban scenery, traffic order and safety or social order, except for the cases specified in Clause 1 of this Article, Clauses 1 and 3 Article 43, and Clause 3 Article 48 of this Decree;

c) Using advertisements that express gender-based prejudices or prejudices about people with disabilities, or infringe upon the freedom of belief and religion;

d) Forcing other agencies, organizations and individuals to advertise or receive advertisements against their will.

3. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed on one of the following violations:

a) Using advertisements that violate the intellectual property law;

b) Using advertisements that contain other people’s pictures, words or scripts without their consent, unless otherwise permitted by law.

4. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed on one of the following violations:

a) Using advertisements that offend the prestige, honor and dignity of other organizations or individuals;

b) Advertising using direct comparison of the prices, quality and use efficiency of one’s products, goods or services to those of others’ products, goods or services of the same type;

c) Using advertisements that make children think, speak or act against the ethics and fine traditions and customs; adversely affect children’s health, safety or normal development;

d) Using advertisements that are inartistic and contrary to Vietnam’s history, culture, ethics and fine traditions and customs.

5. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for the act of advertising untruthfully or causing confusion about the business competence or the ability to provide products, goods and services of organizations and individuals trading in such products, goods and services; about the quantity, quality, prices, utilities, designs, packages, brand names, origin, types, methods of service and warranty duration of products, goods and services as registered or announced, except for the cases specified in Clause 4 Article 51; Point b Clause 4 Article 52; Clause 1 Article 60; and Point c Clause 1 Article 61, of this Decree.

6. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed on one of the following violations:

a) Using advertisements that degrade the respectability of the national flag, except for the cases specified at Point b Clause 2 Article 45 of this Decree;

b) Using advertisements that degrade the national emblem, the national anthem, the Party’s flag, national heroes, cultural celebrities or state and party leaders, except for the cases specified at Point b Clause 2 Article 45 of this Decree;

c) Using advertisements that harm national sovereignty.

7. Additional sanctions:

Deprivation of the right to use the acknowledgement of receipt of registration for product announcement for a definite term of between 05 and 07 months; the right to use the Certificate of advertisement content for a definite term of between 22 and 24 months, for the violations specified at Point a Clause 2, Point b Clause 4 and Clause 5 of this Article, in case of commission of violations on advertising of dietary supplement 2 or more times within the period of 06 months.

8. Remedial measures:

a) Forcible removal, demolition and deletion of advertisements or forcible recall of printed newspapers and magazines with advertisements, for violations specified in Clauses 1, 2, 3, 4, 5 and 6 of this Article;

b) Forcible apology to organizations or individuals, for the violations specified at Point b Clause 3, Point a Clause 4 of this Article;

c) Forcible ratification of false information for the violations specified in Clause 5 of this Article.

Article 35. Violations of regulations on words and text in advertisements

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following violations:

a) Failing to use advertisements of products, goods or services that are expressed in Vietnamese, except for trademarks, slogans, brand names or proper names in foreign languages or internationalized words that cannot be substituted by Vietnamese; books, newspapers, websites and publications permitted to be published in Vietnam’s ethnic languages or foreign languages; radio and television broadcasts in Vietnam’s ethnic languages or foreign languages;

b) Running advertisements for products, goods and services, that are expressed in both Vietnamese and a foreign language, with the foreign-language font size exceeding three-quarters of that of the Vietnamese text and not placed below the Vietnamese text; except for the cases specified at Points a, b, c and d Clause 2 Article 48 in this Decree;

c) Running advertisements for products, goods and services, that are broadcast on radio, television or other audio-visual media, without reading the Vietnamese before the foreign text, in cases where both Vietnamese and that foreign language are used on such advertisements.

2. Remedial measures:

Forcible removal, demolition, deletion, or recall of printed newspapers or magazines containing advertisements, for the violations specified in Clause 1 of this Article.

Article 36. Violations of regulations on advertising conditions

1. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on one of the following violations:

a) Failing to have documents proving the standard or regulation conformity of products, goods or services in accordance with law when advertising such products, goods or services;

b) Failing to have a title deed or a use right certificate when advertising properties which are required by law when advertising assets.

2. Remedial measures:

Forcible removal, demolition or deletion of advertisements or forcible recall of printed newspapers and magazines containing advertisements in case of committing the acts specified in Clause 1 of this Article.

Article 37. Violations of regulations on hiring of advertising service providers

A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for the act of advertising products, commodities, services and business activities of foreign organizations or individuals not operating in Vietnam without hiring advertising service providers in Vietnam to do so.

 

Section 2. VIOLATIONS RELATING TO ADVERTISING ON PRINTED PRODUCTS, THE PRESS, ELECTRONIC EQUIPMENT, TERMINAL DEVICES AND OTHER TELECOMMUNICATIONS DEVICES

 

Article 38. Violations of regulations on advertising on electronic newspapers and websites

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following violations:

a) Failing to notify names, addresses, organizations and individuals providing advertising services in Vietnam to owners of websites of foreign organizations or individuals doing business of cross-border advertising services according to regulations;

b) Failing to report on rendering of advertising services of organizations and individuals providing advertising services in Vietnam to owners of websites of foreign organizations or individuals doing business of cross-border advertising services;

c) Advertising on websites of foreign organizations or individuals doing business of cross-border advertising services without obtaining consent from organizations or individuals providing advertising services that have registered for their legal operation in Vietnam.

2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on one of the following violations:

a) Failing to design unfixed advertisements so that viewers may actively activate or inactivate such advertisements;

b) The maximum activation or inactivation duration of unfixed advertisements is more than 1.5 second

c) Advertisements are designed and placed among the news sections.

3. Remedial measures:

Forcible removal of advertisements, for the violations specified in Clause 2 of this Article.

Article 39. Violations of regulations on advertising on printed newspapers

1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed on one of the following violations:

a) Publishing advertising supplements without sending written notice to competent state agencies according to regulations;

b) An advertising supplement is neither separately numbered, of the same size, nor attached to the primary newspaper or magazine issue;

c) Advertising in news articles.

2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of putting advertisements on the front cover of a magazine or the first page of a newspaper.

3. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed on one of the following violations:

a) Advertisement area exceeds the prescribed area on newspapers or magazines, except advertising newspapers or magazines;

b) Advertisements do not have a mark distinguishing them from other contents;

c) Failing to show the newspaper or magazine title; the name and address of the press agency; the words “The advertising supplement is not included in the selling price” on the first page of the advertisement supplement.

Article 40. Violations of regulations on advertisements on radio and television

1. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of advertising on radio and television without any mark distinguishing advertising contents from others.

2. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for the act of advertising products in the form of running texts or series of pictures if advertised products are not put at the bottom of the screen or either exceed 10% of the screen height or affect the main contents of the show.

3. A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed on one of the following violations:

a) The advertisement duration exceeds 10% of the total broadcast duration in a day of a broadcaster, other than the advertisement duration on advertising channels and programs.

b) Running advertisements in news programs;

c) Running advertisements in live radio and television broadcasts of special political events or major national anniversaries;

d) Advertising more than twice in every movie show;

dd) Advertising more than four times in each entertainment show on radio or television;

e) Running advertisements for more than 5 minutes each time in a movie program, entertainment program or game show on radio and television;

g) The advertisement duration on a pay TV channel exceeds 5% of the total broadcast duration in a day of a broadcaster, other than advertising channels and programs;

h) Showing the full movie for advertising purposes without obtaining movie circulation permits issued by competent state agencies or broadcasting decisions of the advertisements of television stations or radio - television stations.

4. A fine ranging from 1VND 50,000,000 to VND 200,000,000 shall be imposed for the act of launching commercial channels or programs without obtaining permits or licenses from competent state agencies.

5. Remedial measures:

Forcible refund of illicit profits earned through the commission of violations defined in Clauses 1, 2, 3 and 4 of this Article.

Article 41. Violations of regulations on advertising on printed publications and electronic publications

1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the act of advertising without stating name, address, organization or individual providing advertising services or the advertiser, print quantity, printing place on pictures, photographs, posters, catalogs, flyers, brochures and other printed publications other than publications, except for the cases specified in Clauses 2 and 4 of this Article.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following violations:

a) Failing to place the advertiser's symbol, logo or trademark at the bottom of a printed product;

b) Advertising in excess of the specified space on pictures, photos, posters, catalogs, flyers, leaflets or brochures propagating and disseminating information about politics, economy, culture, society, science, technology, literature, art, education and training;

c) Advertising in excess of the specified space or running advertisements of which content and images do not conform to Vietnamese fine customs and traditions on each publication which is a tear-off block calendar;

d) Advertising on each tear-off block calendar containing national holidays and major national anniversaries.

3. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on one of the following violations:

a) Running advertisements that mix with or interrupt the content of each electronic publication;

b) Running advertisements on one of the second, third and fourth cover page of each publication in book form and non-commercial document in book form, except in the case of placing the advertisement for the author, work, publisher, affiliated partner in publishing activities on the fourth cover page of a book and promotional book;

c) Running advertisements on the first cover pages or block text pages of each publication in book form and non-commercial document in book form, except promotional books;

d) Running advertisements for the author, work, publisher, symbol, logo or trademark of a product, commodity, service, and activities on a non-commercial document that are not under ownership of the organization or individual publishing that document.

4. A fine ranging from VND 15,000,000 to VND 30,000,000 shall be imposed for the act of advertising in printed publications that are administrative maps, valuable documents, certificates, diplomas and state management instruments.

5. Remedial measures:

Forcible destruction of material evidence used for the commission of the violations specified in Clause 4 of this Article.

 

Section 3. ADMINISTRATIVE VIOLATIONS RELATING TO ADVERTISING ON MEDIA OF ADVERTISING

 

Article 42. Violations of regulations on advertising on billboards, banners and advertising screens

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on one of the following violations:

a) Hanging, erecting, placing and installing each billboard, banner or advertising screen for outdoor advertising purposes at the locations different from the planned ones or the ones approved by competent state agencies;

b) Failing to specify the name, address of the advertising maker on each billboard or banner.

2. A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed on one of the following violations:

a) Advertising in excess of the specified space of a billboard, banner or advertising screen at the planned position or the position approved by competent state agencies;

b) Failing to, on their own initiative, remove the banner exceeding the time limit stated in the notice; failing to, on their own initiative, remove billboards or banners that are torn, broken or unaesthetic.

3. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following violations:

a) Putting symbols, logos and trademarks of advertisers at the positions different from the specified ones on billboards or banners for political and social policy propaganda and advocacy;

b) Representing logos or trademarks of products covering space greater than the allowable space that they may occupy on billboards or banners for political and social policy propaganda and advocacy;

c) Displaying advertisements on billboards and banners that are in contravention of regulations on cultural and historical relic protection areas, traffic safety corridors, dikes and national electric grids; or hide traffic lights and public signs; crossroads and public signs;

d) Making modifications to falsify advertisement contents that are already notified to competent state agencies;

dd) Incorrectly notifying advertisement contents displayed on billboards or banners to competent state agencies of the places where advertising activities are carried out.

4. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on one of the following advertising acts:

a) Using sounds on outdoor advertising screens;

b) Failing to make notice of contents, time, location of advertisement, quantity of billboards or banners.

5. Remedial measures:

a) Forcible provision of information about name and address of the advertising maker on each billboard or banner, for the violations defined at Point b Clause 1 of this Article;

b) Forcible removal of advertisements, for the violations specified at Point a Clause 1, Clauses 2, 3 and 4 of this Article.

Article 43. Violations of regulations on advertisements that affect urban scenery, traffic order and safety, social order and means of transport

1. Warning or a fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for the act of handing out flyers that affect urban scenery, traffic order and safety, social order.

2. A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed on one of the following violations:

a) Mounting advertisements on the front, back and roof of a mean of transport;

b) Placing an advertisement covering more space than the allowable space that it may occupy on each side of a mean of transport.

3. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on persons whose advertisements existing in the form of flyers for their products, commodities or services affect urban scenery, traffic order and safety, social order.

4. Remedial measures:

a) Forcible destruction of material evidence used for commission of the violations specified in Clause 1 of this Article;

b) Forcible removal, or deletion of advertisements, for the violations specified in Clause 2 of this Article.

Article 44. Violations of regulations on advertising using loudspeakers and similar forms

1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed on one of the following violations:

a) Advertising using loudspeakers and similar forms at offices of agencies, armed force units, schools or hospitals;

b) Advertising using loudspeakers and similar forms on audio systems serving political duties of communes, wards or townships.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the act of advertising by using loudspeakers and similar forms attached to means of transport and other movable means in inner cities and towns.

3. Additional sanctions:

Confiscation of material evidence used in administrative violations specified at Point b Clause 1 and Clause 2 of this Article.

Article 45. Violations of regulations on advertising in cultural or sports programs or events

1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed on one of the following violations:

a) Hanging, placing, pasting or erecting advertising products at the same height or higher than the program symbol, logo or name;

b) The font size of an advertising product exceeds one half of the font size of the program name.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following violations:

a) Advertising on the stage area which fail to ensure the scenery and block the audience’s vision;

b) Advertising in stadiums, competition halls or places where sports events take place that hide the national flag, the national emblem, the leader pictures, the professional instruction boards and the audience’s vision;

c) Advertising in stadiums or competition halls that affect the training, competitions and performances of athletes, trainers’ instructions and the performance of organizers, referees, guides, medical staff and attendants.

3. Remedial measures:

Forcible removal, demolition, or deletion of advertisements, for the violations specified in Clauses 1 and 2 of this Article.

Article 46. Violations of regulations on organization of advertising performer teams

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on one of the following violations:

a) Advertising by advertising performer teams in contrast to the notices already sent to competent state agencies;

b) Advertising by advertising performer teams without approval from competent state agencies of the places where advertisements are run after they are informed of contents of advertisements.

2. A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed for the act of failing to notify the local competent agency in charge of advertising of the contents and form of the advertisements, the number of the team’s members and the time and route according to regulations.

Article 47. Violations of regulations on advertising in video tapes, discs, audio and video recordings

A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of inserting advertisements into video tapes, discs, audio and video recordings of art or stage performances, audio and video recordings used as replacement or illustration for books if the advertising duration exceeds total time length of main content according to regulations.

Article 48. Violations of regulations on signboards

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following violations:

a) Failing to fully display the direct managing agency’s name on the signboard; the name of the production or trading establishment as indicated in its business registration certificate or enterprise registration certificate; addresses and phone numbers;

b) Using signboards of which the size is in contravention of laws.

2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on one of the following violations:

a) Failing to correctly or sufficiently enter Vietnamese names on signboards;

b) Entering foreign language instead of Vietnamese on signboards;

c) Displaying proper names, abbreviated names or international transaction names in foreign language above names in Vietnamese on signboards;

d) Displaying proper names, abbreviated names or international transaction names in foreign language of which the font size is three-quarters more than the Vietnamese font size on signboards;

dd) The height of the vertical signboard exceeds the height of the house story at which the signboard is placed.

3. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed on one of the following violations:

a) Hanging, erecting, placing and mounting signboards blocking  the emergency exit and firefighting space;

b) Hanging, erecting, placing or mounting signboards occupying the pavement and roadbed or affecting public traffic;

c) Hanging, erecting, placing, mounting or affixing signboards that fail to ensure the scenery.

4. Remedial measures:

Forcible removal of signboards, for the violations specified in Clauses 1, 2 and 3 of this Article.

 

Section 4. VIOLATIONS RELATING TO ADVERTISING SPECIAL PRODUCTS, GOODS OR SERVICES

 

Article 49. Violations of regulations on certification of contents of advertisement for special products, goods or services

1. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for the act of advertising special products, goods or services without obtaining certification of advertisement contents from competent state agencies in advance according to regulations.

2. Additional sanctions:

Deprivation of the right to use the certificate of eligibility for pharmaceutical business, the acknowledgement of receipt of registration for product announcement, the permit for healthcare service provision for a definite term of between 01 and 03 months, for the violation specified in Clause 1 of this Article in case violation arising from advertising medicines, foods, food additives, medical examination and treatment services is repeated at least 02 times during the 6-month period.

3. Remedial measures:

Forcible removal, demolition and deletion of advertisements or forcible recall of printed publications or magazines containing advertisements, for the acts specified in Clause 1 of this Article.

Article 50. Violations of regulations on advertising medicines

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following violations:

a) Failing to properly write or clearly read the name of the medicine; the name of the active ingredient; except for herbal drugs, traditional drugs; contraindications, pre-warnings for special users and the further warning saying "Read instructions carefully before use”, in case of advertising medicines on print, audio, video and electronic newspapers;

b) Failing to display full names of medicines; names of active ingredients of medicines, except herbal medicines and traditional medicines; names and addresses of organizations or individuals responsible for bringing products to market and further warning “Read instructions carefully before use”, in case of pharmaceutical advertisements on outdoor media.

2. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for the act of putting advertisements for pharmaceuticals that lack one of the following information:

a) Drug name;

b) Name of active ingredient, except herbal medicines, traditional medicines;

c) Indications, except those for the treatment of tuberculosis, leprosy, sexually transmitted diseases, cancer, tumor disease, diabetes or similar metabolic disorder, chronic insomnia, and indications for sexual stimulation effects;

d) Contraindications or pre-warnings for special users, such as pregnant women, breastfeeding mothers, the elderly, children and people with chronic diseases;

dd) Name and address of the business or person responsible for bringing products to market;

e) Warning “Read carefully before use”.

3. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the act of advertising drugs with content inconsistent with the marketing authorization certificate in Vietnam or the instruction leaflet approved by a competent state agency or the treatise on that drug that has been recorded in the National Pharmacopoeia or in the drug-related documents recognized by the competent agency in the country of manufacture.

4. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed on one of the following violations:

a) Advertising products as the ones used for disease prevention, treatment, diagnosis, alleviation and adjustment of physiological functions of the human body other than medicines, except medical equipment;

b) Using certificates not yet recognized by the Ministry of Health, using material benefits, taking advantage of names of organizations or individuals, symbols, images, status, prestige, correspondence, acknowledgement letters or acknowledgement of patients for the purposes of advertising medicines;

c) Using clinical research results, preclinical research results, testing results or bioequivalence test results not yet recognized by the Ministry of Health for the purposes of advertising medicines;

d) Making untruthful declarations in applications for certification of contents of pharmaceutical advertisements;

dd) Advertising drugs in contravention of the advertisement content certified by a competent state agency; advertising drugs within the period of processing of applications as prescribed; advertising drugs using registered information brochures that have been expired;

e) Advertising drugs of which the marketing authorization registration or certificate is expired.

5. Remedial measures:

a) Forcible ratification of false information for the violations specified at Point a Clause 1 and Clause 2 of this Article;

b) Forcible removal, demolition and deletion of advertisements or forcible recall of printed publications and magazines containing advertisements, for the violations specified at Point b Clause 1 and Clauses 2, 3 and 4 of this Article.

Article 51. Violations of regulations on advertising cosmetics

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of advertising cosmetics after receiving the acknowledgement of receipt by competent state agencies, but failing to notify this to competent state agencies at other localities where the advertisements are going to be placed.

2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of failing to clearly read out one of the following information: product name, name and address of the organization or individual responsible for bringing the product to market, and pre-warnings, according to regulations when advertising on audio or video newspapers.

3. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed on one of the following violations:

a) Advertising cosmetic products of which effect is not consistent with those stated in the announcements of effect;

b) Advertising cosmetic products not yet obtaining the receiving number of the form of announcement of the cosmetic product or the receiving number of the form of announcement of the expired cosmetic product;

c) Advertising cosmetic products without one of the following information: product name; main uses and functions of cosmetic product, except for those shown on the product name; name and address of the organization and individual responsible for bringing the product to market; pre-warnings as prescribed.

4. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for the act of advertising cosmetic products to the extent that they are misunderstood as medicines.

5. Remedial measures:

a) Forcible ratification of false information for the violations specified at Points a and c Clause 3 and Clause 4 of this Article;

b) Forcible removal, demolition and deletion of advertisements or forcible recall of printed products and magazines containing advertisements for the acts specified in Clause 3 of this Article.

Article 52. Violations of regulations on advertising foods and food additives

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of failing to write, read or clearly read out the warning saying “This food is not a medicine and does not substitute for a medicine” when advertising functional foods on print, audio, video and electronic media.

2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on one of the following violations:

a) Advertising food or food additives to the extent that such advertisement is not consistent with one of the specified documents;

b) Advertising food or food additives without one of the following information: product name, main and side effects of functional food; name and address of the organization and individual responsible for bringing the product to market;

c) Advertising on electronic devices installed at public places; handing out or presenting printouts, audio recordings, video recordings, devices used for storage of food introduction data that are not consistent with the applications of announcement of regulation conformity, the applications of registration of announcement of product or the dossier of self-announcement of product or the dossier of registration for confirmation of advertising contents at fairs, seminars, conferences or exhibitions.

3. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for the act of organizing fairs, seminars, conferences or exhibitions that handing out or presenting print, audio and video recording products and devices for storage of data on introduction of food products and food additives if their content is not certified by a competent state agency according to regulations.

4. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed on one of the following violations:

a) Running advertisements using images, equipment, costumes, names or letters of medical units, health facilities, doctors, pharmacists, medical staff, thank you letters or thank you notes from patients or articles of doctors, pharmacists or medical staff;

b) Using advertisements for functional foods to the extent that they are misunderstood as medicines;

c) Showing food advertisements containing posts, quotes or opinions of patients describing foods as medicines.

5. Additional sanctions:

a) Deprivation of the right to use the acknowledgement of receipt of registration for announcement of product for a definite term of between 01 and 03 months, if violations arising from advertising dietary supplement are repeated twice or more times within the period of 06 months;

b) Deprivation of the right to use the acknowledgement of receipt of registration for announcement of product for a definite term of between 03 and 05 months; the right to use the Certificate of advertisement content for a definite term of between 22 and 24 months, for the violations specified in Clause 4 of this Article, if the violations relating to advertising dietary supplement are repeated twice or more times within the period of 06 months.

6. Remedial measures:

a) Forcible ratification of false information for the violations specified at Points a and b Clause 2 and Clause 4 of this Article;

b) Forcible removal, demolition and deletion of advertisements or forcible recall of printed publications and magazines containing advertisements for the acts specified at Points a and b Clause 2 and Clause 4 of this Article;

c) Forcible destruction of material evidence used for commission of violations specified at Point c Clause 2 and Clause 3 of this Article.

Article 53. Violations of regulations on advertising chemicals, pesticides or disinfectants for domestic and medical use

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following violations:

a) Advertising chemicals, pesticides or disinfectants for domestic and medical use of which content is inconsistent with the Circulation registration certificate issued by a competent state agency;

b) Advertising chemicals, pesticides or disinfectants for domestic and medical use of which content is inconsistent with the written certification of advertisement content issued by the Ministry of Health.

2. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for the act of advertising chemicals, pesticides or disinfectants for domestic and medical use in case of missing out one of the following information:

a) Product name;

b) Name and address of the business or person responsible for marketing the product;

c) Uses, functions and effects;

d) Warning: “Read the instructions carefully before use” or “Restricted use of products using chemicals in the List of Restricted Use Products”.

3. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the act of advertising or releasing advertisements for chemicals, pesticides or disinfectants for domestic and medical use in case of not yet obtaining the number of circulation registration issued by the Ministry of Health.

4. Remedial measures:

Forcible removal, demolition and deletion of advertisements or forcible recall of printed publications or magazines containing advertisements for the acts specified in Clauses 1, 2 and 3 of this Article.

Article 54. Violations of regulations on advertising medical equipment

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following violations:

a) Advertising medical equipment of which content is inconsistent with the circulation registration certificate and the acknowledgement of receipt of the dossier of announcement of applied standards or the export permit issued by competent state agencies;

b) Failing to promptly notify competent state agencies and customers of warnings related to accidents or unexpected effect of medical equipment.

2. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on one of the following violations:

a) Advertising incorrect uses, functions and effects of medical equipment;

b) Concealing warnings related to incidents, unexpected effects of medical equipment;

c) Showing advertisements that do not include the name, category, manufacturer, country of manufacture of medical equipment, or the name and address of the organization or individual responsible for marketing the product, and the organization or individual responsible for product warranty.

3. Remedial measures:

a) Forcible ratification of false information, for the violations specified at Points a and c Clause 2 of this Article;

b) Forcible removal, demolition and deletion of advertisements or forcible recall of printed publications and magazines containing advertisements for the acts specified in Clauses 1 and 2 of this Article.

Article 55. Violations of regulations on advertising dairy products and nutritional supplements for infants

1. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of advertising dairy products and nutritional supplements for children of which contents are inconsistent with the acknowledge of receipt of announcement of conformity to regulations, or the application for registration of the product announcement, or the product self-announcement dossier, or the application for registration of confirmation of advertisement content.

2. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for the act of advertising dairy products and nutritional supplements for infants in which one of the following information is missed out:

a) Product name;

b) Name and address of the business or person responsible for marketing the product.

3. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the act of advertising nutritional supplements for infants under 24 months of age without satisfying one of the following requirements:

a) The introduction of an advertisement must include the maxim: “Breast milk provides a baby with ideal nutrition and supports growth and development”;

b) The advertisement must clearly state "This product is a dietary supplement; it is recommended to use together with breast milk for infants over 6 months old".

4. Remedial measures:

a) Forcible ratification of false information, for the violations specified in Clause 1 and Clause 2 of this Article;

b) Forcible removal, demolition and deletion of advertisements or forcible recall of printed publications and magazines containing advertisements for the acts specified in Clauses 1 and 2 of this Article;

c) Forcible removal of infringing content from advertisements for the violations specified in Clause 3 of this Article.

Article 56. Violations of regulations on advertising medical examination and treatment services

1. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed on the act of advertising medical examination and treatment services without providing the information about the scope of professional operation stated in licenses for medical examination and treatment.

2. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed on one of the following acts of violation:

a) Advertising the diagnosis and selection of embryo or fetus sex;

b) Advertising and brokering donation, or receipt of human organs for commercial purposes.

3. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed on the act of advertising medical examination and treatment services without possessing a license for medical examination and treatment or medical practice certificate.

4. Additional sanctions:

a) Depriving the right to use licenses for medical examination and treatment for a period of between 01 month and 03 months for the act of violation defined in Clause 1 of this Article;

b) Depriving the right to use licenses for medical examination and treatment for a period of between 03 months and 06 months for the acts of violation defined in Clause 2 of this Article;

5. Remedial measures:

Forcible removal, demolition, erasure of advertisements or recall of printed advertisement products or magazines for the acts of violation defined in Clauses 1, 2 and 3 of this Article.

Article 57. Violations of regulations on advertising pesticides or beneficial organisms for plant protection

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts of violation:

a) Advertising pesticides contrary to the contents stated in the pesticide registration certificate;

b) Advertising beneficial organisms for plant protection which are not conformity with the phytosanitary license.

2. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on one of the following acts of violation:

a) Advertising pesticides that are not in the list of pesticides permitted for use in Vietnam.

b) Advertising pesticides or beneficial organisms for plant protection without one of the following information: Product name; name and address of the organization or individual in charge of marketing the product; uses, effects and attentions relating to usage or storage.

3. A fine ranging from VND 25,000,000 to VND 40,000,000 shall be imposed on the act of advertising pesticides banned from use in Vietnam.

4. Remedial measures:

a) Forcible correction of untruthful information, for the act of violation defined in Clause 1 of this Article;

b) Forcible removal, demolition, erasure of advertisements or recall of printed advertisement products or magazines, for the acts of violation defined in Clauses 1, 2 and 3 of this Article.

Article 58. Violations of regulations on advertising veterinary drugs, biologicals, microorganisms and chemicals used in animal health activities

1. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on the act of advertising veterinary drugs contrary to the contents stated in certificates of veterinary drug circulation.

2. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed on the act of advertising veterinary drugs without possessing a certificate of veterinary drug circulation granted by a competent agency.

3. Remedial measures:

a) Forcible correction of untruthful information, for the act of violation defined in Clause 1 of this Article;

b) Forcible removal, demolition, erasure of advertisements or recall of printed advertisement products or magazines, for the acts of violation defined in Clauses 1 and 2 of this Article.

Article 59. Violations of regulations on advertising fertilizers

1. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on the act of advertising fertilizers contrary to the contents stated in the decision on recognition of fertilizers in circulation in Vietnam.

2. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed on the act of advertising fertilizers without one of the following contents:

a) Fertilizer’s name;

b) Origin and raw materials used for manufacture of fertilizer;

c) Name and address of the organization or individual in charge of marketing the product.

3. A fine ranging from VND 20,000,000 to 30.0000.000 dong shall be imposed on the act of advertising fertilizers without possessing a decision on recognition of fertilizers in circulation in Vietnam.

4. Remedial measures:

a) Forcible correction of untruthful information, for the acts of violation defined in Clauses 1 and 2 of this Article;

b) Forcible removal, demolition, erasure of advertisements or recall of printed advertisement products or magazines, for the acts of violation defined in Clauses 1, 2 and 3 of this Article.

Article 60. Violations of regulations on advertising animal feeds, aquafeeds, products for improvement of the animal husbandry environment, products for improvement of the aquaculture environment

1. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on the act of advertising by using untruthful information related to the nature, effects, quality and origin of animal feeds, aquafeeds, products for improvement of the animal husbandry environment, products for improvement of the aquaculture environment.

2. Remedial measures:

a) Forcible correction of untruthful information, for the act of violation defined in Clause 1 of this Article;

b) Forcible removal, demolition, erasure of advertisements or recall of printed advertisement products or magazines, for the act of violation defined in Clause 1 of this Article.

Article 61. Violations of regulations on advertising plant varieties

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts of violation:

a) Advertising plant varieties other than major plant species without self-declaration of circulation of plant varieties in Vietnam or without possessing a decision on recognition of circulation of plant varieties or a decision on exceptional recognition of circulation of plant varieties;

b) Advertising imported plant varieties for exhibitions or fairs without contrary to the contents stated in plant variety import permits granted by competent agencies;

c) Advertising plant varieties with untruthful information or causing confusion about the organization or individual’s business ability (i.e. quantity, quality, selling price), contents shown on labels or marks.

2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on one of the following acts of violation:

a) Advertising plant varieties being major plant species without obtaining a decision on recognition of circulation of plant varieties or a decision on exceptional recognition of circulation of plant varieties or not being in the list of plant varieties permitted for production and trading in Vietnam or without obtaining a decision on recognition of new plant varieties;

b) Advertising plant varieties without one of the following contents: name of plant variety; origin of plant variety; name and address of the organization or individual in charge of marketing the plant variety;

c) Advertising plant varieties contrary the contents stated in the decision on recognition of circulation, decision on exceptional recognition of circulation, or the written declaration of information about the plant variety subject to self-declaration of circulation.

3. Remedial measures:

a) Forcible correction of untruthful information, for the act of violation defined in Clause 1 of this Article;

b) Forcible removal, demolition, erasure of advertisements or recall of printed advertisement products or magazines, for the acts of violation defined in Clauses 1 and 2 of this Article.

Article 62. Violations of regulations on advertising domestic animal breeds and aquatic breeds

1. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on the act of advertising domestic animal breeds or aquatic breeds without one of the following information: name of domestic animal breed or aquatic breed; name and address of the organization or individual in charge of marketing the domestic animal breed or aquatic breeds.

2. Remedial measures:

Forcible removal, demolition, erasure of advertisements or recall of printed advertisement products or magazines, for the act of violation defined in Clause 1 of this Article.

Chapter IV

COMPETENCE TO SANCTION ADMINISTRATIVE VIOLATIONS AND APPLY REMEDIAL MEASURES FOR VIOLATIONS IN CULTURAL AND ADVERTISING SECTORS
 

Article 63. Competence to make written records of administrative violations

1. Persons competent to sanction administrative violations specified in Article 64 through Article 70 of this Decree may, within their assigned functions, tasks and powers, make written records of administrative violations.

2. Civil servants, public employees, people working for the People's Army and People's Public Security Forces who are performing their assigned public duties or tasks in cultural and advertising sectors may make written records of administrative violations in accordance with provisions.

3. Aircraft commanders, shipmasters and captains who are on duty may, according to their assigned functions and powers in cultural and advertising sectors, make written records of administrative violations for acts of violation occurring on aircraft, seagoing ships and inland waterway vessels.

Article 64. Competence to sanction administrative violations of Chairpersons of People’s Committees at all levels

1. Chairpersons of the commune-level People’s Committees may:

a) Impose warning;

b) Impose fines of up to VND 5,000,000;

c) Confiscate material evidence or means used in administrative violations of a value not exceeding the fine level defined at Point b of this Clause;

d) Apply the remedial measures defined at Points a, b and dd Clause 1 Article 28 of Law on Handling of Administrative Violations.

2. Chairpersons of district-level People’s Committees may:

a) Impose warning;

b) Impose fines of up to VND 25,000,000 for administrative violations in cultural sector; fines of up to VND 50,000,000 for administrative violations in advertising sector;

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite term;

d) Confiscate material evidence or means used in administrative violations of a value not exceeding the fine level defined at Point b of this Clause;

dd) Apply the remedial measures defined in Article 4 hereof.

3. Chairpersons of provincial-level People’s Committees may:

a) Impose warning;

b) Impose fines of up to VND 50,000,000 for administrative violations in the cultural sector; fines of up to VND 100,000,000 for administrative violations in the advertising sector;

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite term;

d) Confiscate material evidence or means used in administrative violations;

dd) Apply the remedial measures defined in Article 4 hereof.

Article 65. Competence to sanction administrative violations of inspectorates

1. Inspectors or persons assigned to perform specialized inspection tasks who are on duty may:

a) Impose warning;

b) Imposing a fine of up to VND 500,000;

c) Confiscate material evidence or means used in administrative violations of a value not exceeding the fine level defined at Point b of this Clause;

d) Apply the remedial measures defined at Points a and dd Clause 1, Article 28 of Law on Handling of Administrative Violations.

2. Chief inspectors of provincial-level Departments, Heads of provincial-level specialized inspection teams; Chief inspector of Maritime Administration, Chief inspector of Civil Aviation Authority, Directors of Food Safety and Hygiene Sub-Departments under provincial-level Departments of Health, Directors of Sub-Departments for Plant Protection, Animal Health, Livestock Production, Fisheries, Agro-Forestry Fisheries Quality Assurance, Water Resources, Dikes, Forestry under provincial-level Departments of Agriculture and Rural Development and Directors of regional Frequency Centers may:

a) Impose warning;

b) Impose fines of up to VND 25,000,000 for administrative violations in the cultural sector; fines of up to VND 50,000,000 for administrative violations in the advertising sector;

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite term;

d) Confiscate material evidence or means used in administrative violations of a value not exceeding the fine level defined at Point b of this Clause;

dd) Apply the remedial measures defined in Article 4 hereof.

3. Heads of ministerial-level specialized inspection teams may:

a) Impose warning;

b) Impose fines of up to VND 35,000,000 for administrative violations in the cultural sector; fines of up to 70,000,000 dong for administrative violations in the advertising sector;

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite term;

d) Confiscate material evidence or means used in administrative violations of a value not exceeding the fine level defined at Point b of this Clause;

dd) Apply the remedial measures defined in Article 4 hereof.

4. Ministerial chief inspectors; Director Generals of Directorate for Roads of Vietnam, Directorate of Water Resources, Directorate of Vietnam Disaster Management Authority, Vietnam Administration of Forestry, Directorate of Fisheries, General Department of Land Administration; Directors of Vietnam Railway Authority, Vietnam Inland Waterways Administration, Vietnam Maritime Administration, Civil Aviation Authority of Vietnam, Department of Animal Health, Plant Protection Department, Department of Crop Production, Department of Livestock Production, National Agro-Forestry-Fisheries Quality Assurance Department, Authority of Radio Frequency Management, Vietnam Telecommunications Authority, Authority of Broadcasting and Electronic Information, Authority of Press, Authority of Publication, Printing and Distribution, Drug Administration of Vietnam, Department of Medical Service Administration, Health Environment Management Agency, General Department of Preventive Medicine, Vietnam Food Administration may:

a) Impose warning;

b) Impose fines of up to VND 50,000,000 for administrative violations in the cultural sector; fines of up to VND 100,000,000 for administrative violations in the advertising sector;

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite term;

d) Confiscate material evidence or means used in administrative violations;

dd) Apply the remedial measures defined in Article 4 hereof.

Article 66. Competence to sanction administrative violations of the People’s Public Security forces

1. Policemen who are on duty may:

a) Impose warning;

b) Impose fines of up to VND 500,000.

2. Station chiefs and team heads of the persons specified in Clause 1 of this Article may:

a) Impose warning;

b) Impose fines of up to VND 1,500,000.

3. Chiefs of commune-level police offices, chiefs of police stations and chiefs of police offices of border gates or export processing zones may:

a) Impose warning;

b) Impose fines of up to VND 2,500,000;

c) Confiscate material evidence or means used in administrative violations of a value not exceeding the fine level defined at Point b of this Clause;

d) Apply the remedial measures defined at Points a and dd Clause 1 Article 28 of Law on Handling of Administrative Violations.

4. Chiefs of district-level police offices; heads of divisions of provincial-level Departments of Public Security, including heads of Traffic Police Divisions or heads of Road and Railway Traffic Police Divisions, heads of Waterways Police Divisions; heads of the Internal Political Security Divisions; heads of Economic Security Divisions; heads of Police Divisions for Investigation of Social Order-Related Crimes; heads of Police Divisions for Investigation of Corruption, Economy and Smuggling-Related Crimes; heads of Police Divisions for Administrative Management of Social Order, heads of CyberSecurity and Hi-Tech Crime Prevention and Combat Divisions; heads of Immigration Divisions may:

a) Impose warning;

b) Impose fines of up to VND 10,000,000 for administrative violations in the cultural sector; fines of up to VND 20,000,000 for administrative violations in the advertising sector;

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite term;

d) Confiscate material evidence or means used in administrative violations of a value not exceeding the fine level defined at Point b of this Clause;

dd) Apply the remedial measures defined at Points a, dd and k Clause 1 Article 28 of Law on Handling of Administrative Violations.

5. Directors of provincial-level Departments of Public Security may:

a) Impose warning;

b) Impose fines of up to VND 25,000,000 for administrative violations in the cultural sector; VND 50,000,000 for administrative violations in the advertising sector;

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite term;

d) Confiscate material evidence or means used in administrative violations of a value not exceeding the fine level defined at Point b of this Clause;

dd) Apply the remedial measures defined at Points a, dd, i and k Clause 1 Article 28 of Law on Handling of Administrative Violations.

6. Director of the Traffic Police Department; Director of the Internal Political Security Department; Director of the Economic Security Department; Director of the Police Department for Investigation of Social Order-Related Crimes; Director of the Police Department for Investigation of Corruption, Economic and Smuggling-Related Crimes; Director of the Police Department for Administrative Management of Social Order; Director of the CyberSecurity and Hi-Tech Crime Prevention and Combat Department; Director of the Immigration Department may:

a) Impose warning;

b) Impose fines of up to VND 50,000,000 for administrative violations in the cultural sector; VND 100,000,000 for administrative violations in the advertising sector;

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite term;

d) Confiscate material evidence or means used in administrative violations;

dd) Apply the remedial measures defined at Points a, dd, i and k Clause 1 Article 28 of Law on Handling of Administrative Violations.

Article 67. Competence to sanction administrative violations of the Border Guard

1. Border-guard soldiers who are on duty may:

a) Impose warning;

b) Impose fines of up to VND 500,000.

2. Station chiefs and team heads of the persons specified in Clause 1 of this Article may:

a) Impose warning;

b) Impose fines of up to VND 2,500,000.

3. Heads of border-guard stations, heads of border-guard flotillas and commanders of Border Guard Commands of port border gates may:

a) Impose warning;

b) Impose fines of up to VND 10,000,000 for administrative violations in the cultural sector; fines of up to VND 20,000,000 for administrative violations in the advertising sector;

c) Confiscate material evidence or means used in administrative violations of a value not exceeding the fine level defined at Point b of this Clause;

d) Apply the remedial measures defined at Points a, dd and k Clause 1 Article 28 of Law on Handling of Administrative Violations.

4. Commanders of provincial-level border guards, chiefs of border-guard fleets under the Border Guard High Command may:

a) Impose warning;

b) Impose fines of up to VND 50,000,000 for administrative violations in the cultural sector; fines of up to VND 100,000,000 for administrative violations in the advertising sector;

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite term;

d) Confiscate material evidence or means used in administrative violations;

dd) Apply the remedial measures defined at Points a, dd, i and k Clause 1 Article 28 of Law on Handling of Administrative Violations.

Article 68. Competence to sanction administrative violations of the Coast Guard

1. Marine policemen who are on duty may:

a) Impose warning;

b) Impose fines of up to VND 1,000,000 for administrative violations in the cultural sector; fines of up to VND 1,500,000 for administrative violations in the advertising sector.

2. Leaders of Coast Guard operation teams may:

a) Impose warning;

b) Impose fines of up to VND 2,500,000 for administrative violations in the cultural sector; fines of up to VND 5,000,000 for administrative violations in the advertising sector.

3. Heads of Coast Guard operation squads and heads of Coast Guard stations may:

a) Impose warning;

b) Impose fines of up to VND 5,000,000 for administrative violations in the cultural sector; fines of up to VND 10,000,000 for administrative violations in the advertising sector;

d) Apply the remedial measures defined at Points a and dd Clause 1 Article 28 of Law on Handling of Administrative Violations.

4. Captains of Coast Guard flotillas may:

a) Impose warning;

b) Impose fines of up to VND 10,000,000 for administrative violations in the cultural sector; fines of up to VND 20,000,000 for administrative violations in the advertising sector;

c) Confiscate material evidence or means used in administrative violations of a value not exceeding the fine level defined at Point b of this Clause;

d) Apply the remedial measures defined at Points a, dd and k Clause 1 Article 28 of Law on Handling of Administrative Violations.

5. Captains of coast guard fleets may:

a) Impose warning;

b) Impose fines of up to VND 15,000,000 for administrative violations in the cultural sector; fines of up to VND 30,000,000 for administrative violations in the advertising sector;

c) Confiscate material evidence or means used in administrative violations of a value not exceeding the fine level defined at Point b of this Clause;

d) Apply the remedial measures defined at Points a, dd and k Clause 1 Article 28 of Law on Handling of Administrative Violations.

6. Coast Guard regional commanders may:

a) Impose warning;

b) Impose fines of up to VND 25,000,000 for administrative violations in the cultural sector; fines of up to VND 50,000,000 for administrative violations in the advertising sector;

c) Confiscate material evidence or means used in administrative violations of a value not exceeding the fine level defined at Point b of this Clause;

d) Apply the remedial measures defined at Points a, dd and k Clause 1 Article 28 of Law on Handling of Administrative Violations.

7. The Vietnam Coast Guard Commander may:

a) Impose warning;

b) Impose fines of up to VND 50,000,000 for administrative violations in the cultural sector; fines of up to VND 100,000,000 for administrative violations in the advertising sector;

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite term;

d) Confiscate material evidence or means used in administrative violations;

dd) Apply the remedial measures defined at Points a, dd and k Clause 1 Article 28 of Law on Handling of Administrative Violations.

Article 69. Competence to sanction administrative violations of Customs

1. Customs officers who are on duty may:

a) Impose warning;

b) Impose fines of up to VND 500,000.

2. Heads of customs teams of district-level Customs Branches and of district-level Post-Customs Clearance Inspection Branches may:

a) Impose warning;

b) Impose fines of up to VND 5,000,000.

3. Heads of district-level Customs Branches, heads of district-level Post-Customs Clearance Inspection Branches, heads of customs control teams of provincial, interprovincial or municipal Customs Departments, heads of Anti-Smuggling Control Teams, heads of Customs Procedures Teams, chiefs of marine control flotillas and heads of Control Teams to Protect Intellectual Property Rights of the Anti-Smuggling Investigation Department under the General Department of Vietnam Customs may:

a) Impose warning;

b) Impose fines of up to VND 25,000,000;

c) Confiscate material evidence or means used in administrative violations of a value not exceeding the fine level defined at Point b of this Clause;

d) Apply the remedial measures defined at Points dd, i and k Clause 1 Article 28 of Law on Handling of Administrative Violations.

4. Director of the Anti-Smuggling Investigation Department, director of the Post-Customs Clearance Inspection Department under the General Department of Vietnam Customs, and directors of provincial, inter-provincial and municipal Customs Departments may:

a) Impose warning;

b) Impose fines of up to VND 50,000,000;

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite term;

d) Confiscate material evidence or means used in administrative violations of a value not exceeding the fine level defined at Point b of this Clause;

dd) Apply the remedial measures defined at Points dd, i and k Clause 1 Article 28 of Law on Handling of Administrative Violations.

5. Director General of Vietnam Customs may:

a) Impose warning;

b) Impose fines of up to VND 50,000,000 for administrative violations in the cultural sector; fines of up to VND 100,000,000 for administrative violations in the advertising sector;

c) Confiscate material evidence or means used in administrative violations;

d) Apply the remedial measures defined at Points dd, i and k Clause 1 Article 28 of Law on Handling of Administrative Violations.

Article 70. Competence to sanction administrative violations of the Market Surveillance Force

1. Market controllers who are on duty may:

a) Impose warning;

b) Impose fines of up to VND 500,000;

2. Heads of market surveillance teams may:

a) Impose warning;

b) Impose fines of up to VND 25,000,000;

c) Confiscate material evidence or means used in administrative violations of a value not exceeding the fine level defined at Point b of this Clause.

d) Apply the remedial measures defined at Points a, dd, e, i and k Clause 1 Article 28 of Law on Handling of Administrative Violations.

3. Directors of provincial-level Market Surveillance Departments, the director of the Professional Department of Market Surveillance under the Vietnam Directorate of Market Surveillance may:

a) Impose warning;

b) Impose fines of up to VND 50,000,000;

c) Confiscate material evidence or means used in administrative violations of a value not exceeding the fine level defined at Point b of this Clause;

d) Deprive of the right to use licenses for a definite term or suspend operation for a definite term;

dd) Apply the remedial measures defined at Points a, dd, e, i and k Clause 1 Article 28 of Law on Handling of Administrative Violations.

4. The Director General of Vietnam Directorate of Market Surveillance may:

a) Impose warning;

b) Impose fines of up to VND 50,000,000 for administrative violations in the cultural sector; fines of up to VND 100,000,000 for administrative violations in the advertising sector;

c) Confiscate material evidence or means used in administrative violations;

d) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite term;

dd) Apply the remedial measures defined at Points a, dd, e, i and k Clause 1 Article 28 of Law on Handling of Administrative Violations.

Article 71. Division of competence to sanction administrative violations

1. Chairpersons of People’s Committees at all levels:

a) Chairpersons of commune-level People's Committees shall sanction the acts of administrative violation specified in Clause 1 Article 9; Clause 1, Clause 2, Points a, c, d and dd Clause 3, Point b Clause 4 and Point a Clause 5 Article 14: Clauses 1, 2 and 3 Article 15; Clause 1 Article 20; Point c Clause 1 and Clause 2 Article 26; Point a, Clause 1 and Clause 3 Article 27; Clause 1 and Point a Clause 2 Article 28; Article 29; Clause 1, Point a and Point b Clause 2 Article 30; Clause 1 Article 32; Clause 1 Article 38; Clause 1 Article 39; Clause 1 Article 41; Article 44 and Article 46 hereof;

b) Chairpersons of district-level People's Committees shall sanction acts of administrative violation specified in Clause 1, Clause 2, Point c Clause 4 and Point a Clause 5 Article 6; Article 7; Clause 1, Clause 2 and Points c, dd, e and g Clause 4 Article 8; Clauses 1, 2, 3 and 4 Article 9; Article 10; Clauses 1, 2, 3 and 4 Article 11; Clauses 1, 2, 3 and 4 Article 12; Clause 1 Article 13; Article 14; Clauses 1, 2, 3, 4, 5, 6 and 7 Article 15; Clause 1 and Clause 2 Article 16; Clause 1 and Clause 2 Article 17; Clauses 1, 2 and 3 Article 18; Clauses 1, 2 and 3 Article 19; Clauses 1, 2, 3 and 4 Article 20; Clauses 1, 2, 3, 4 and Point b Clause 5 Article 21; Article 22; Clauses 1, 2, 3, 4 and Point b Clause 5 Article 23; Clause 1 Article 24; Articles 25, 26, 27, 28, 29 and 30; Clauses 1, 2, 3 and 4 Article 31; Article 32; Clauses 1, 2 and 3 Article 34; Articles 35, 36, 37, 38 and 39; Clauses 1, 2 and 3 Article 40; Article 41; Section 3 and Section 4 Chapter III hereof;

c) Chairpersons of provincial-level People’s Committees shall sanction acts of administrative violation prescribed in Chapters II and III hereof.

2. People’s Public Security forces:

a) Policemen shall sanction the acts of administrative violation prescribed in Clause 1, Point a Clause 2 Article 14; Clause 1 Article 15; Point a Clause 1 Article 27 and 29 hereof;

b) Station chiefs and team heads of the persons specified at Point a of this Clause shall sanction the acts of administrative violation prescribed in Clause 1, Clause 2 and Points a, c, d and dd Clause 3 Article 14; Clause 1 and Clause 2 Article 15; Point a Clause 1 Article 27 and Article 29 hereof;

c) Chiefs of commune-level police offices, chiefs of police stations and chiefs of police offices of border gates or export processing zones shall sanction the acts of administrative violation prescribed in Clause 1, Clause 2 and Points a, c, d and dd Clause 3 Article 14; Clause 1 and Clause 2 Article 15; Point a Clause 1 Article 27; Article 29; Clause 1 Article 30; Clause 1 Article 39 and Clause 1 Article 46 hereof;

d) Chiefs of district-level police offices; heads of divisions of provincial-level Departments of Public Security, including heads of Traffic Police Divisions or heads of Road and Railway Traffic Police Divisions, heads of Waterways Police Divisions; heads of the Internal Political Security Divisions; heads of Economic Security Divisions; heads of Police Divisions for Investigation of Social Order-Related Crimes; heads of Police Divisions for Investigation of Corruption, Economy and Smuggling-Related Crimes; heads of Police Divisions for Administrative Management of Social Order, heads of CyberSecurity and Hi-Tech Crime Prevention and Combat Divisions; heads of Immigration Divisions shall sanction the acts of administrative violation prescribed in Clause 1 Article 6; Clauses 1, 2 and 3 Article 9; Clause 1 Article 10; Clause 1 Article 11; Clause 1 Article 12; Clause 1, Clause 2, Points a, c, d and dd Clause 3, Point b Clause 4, Clause 5, Clause 6, Points a, b, c and d Clause 7 Article 14; Clauses 1, 2, 3 and 4 Article 15; Point a Clause 1 Article 16; Clause 1 Article 17; Clause 1 Article 18; Clause 1 Article 19; Clauses 1 and 3 Article 20; Clause 1 and Clause 2 Article 21; Clause 1 and Clause 2 Article 22; Clause 1 and Clause 2 Article 23; Article 26; Article 27; Clause 1, Point a Clause 2 Article 28; Article 29; Clauses 1, 2, 3 and 4 Article 30; Clauses 1 and 3 Article 32; Clause 1 and Clause 2 Article 34; Articles 35, 36, 38 and 39; Clauses 1, 2 and 3 Article 41; Articles 42, 43, 44, 45, 46, 47 and 48; Point b Clause 1 Article 50; Clauses 1 and 2, Point b Clause 3 Article 51; Clause 1, Point c Clause 2 and Clause 3 Article 52; Clause 1 and Clause 2 Article 53; Clause 1 and Point b Clause 2 Article 54; Clause 1 Article 56; Clause 2 Article 57; Clause 2 Article 61 and Article 62 hereof;

dd) Directors of provincial-level Departments of Public Security shall sanction the acts of administrative violation prescribed in Clause 1, Clause 2, Point c Clause 4 and Point a Clause 5 Article 6; Article 7; Clause 1, Clause 2 and Points c, dd, e and g Clause 4 Article 8; Clauses 1, 2, 3 and 4 Article 9; Article 10; Clauses 1, 2, 3 and 4 Article 11; Clauses 1, 2, 3 and 4 Article 12; Clause 1 Article 13; Article 14; Clauses 1, 2, 3, 4, 5, 6 and 7 Article 15; Clause 1 and Clause 2 Article 16; Clause 1 and Clause 2 Article 17; Clauses 1, 2 and 3 Article 18; Clauses 1, 2 and 3 Article 19; Clauses 1, 3 and 4 Article 20; Clauses 1, 2, 3 and 4, Point b Clause 5 Article 21; Article 22; Clauses 1, 2, 3 and 4, Point b Clause 5 Article 23; Clause 1 Article 24; Article 25; Articles 26, 27, 28, 29 and 30; Clauses 1, 2, 3 and 4 Article 31; Article 32; Clauses 1, 2 and 3 Article 34; Articles 35, 36; 37, 38 and 39; Clauses 1, 2 and 3 Article 40; Articles 41, 42, 43, 44, 45, 46, 47, 48 and 49; Point b Clause 1, Clause 3 and Clause 4 Article 50; Clause 1, Clause 2 and Point b Clause 3 Article 51; Clause 1, Point c Clause 2 and Clause 3 Article 52; Article 53; Clause 1 and Point b Clause 2 Article 54; Clause 3 Article 55; Article 56; Clauses 2 and 3 Article 57; Clause 2 Article 58; Clause 3 Article 59; Clause 2 Article 61 and Article 62 hereof;

e) Director of the Traffic Police Department; Director of the Internal Political Security Department; Director of the Economic Security Department; Director of the Police Department for Investigation of Social Order-Related Crimes; Director of the Police Department for Investigation of Corruption, Economic and Smuggling-Related Crimes; Director of the Police Department for Administrative Management of Social Order, Director of the CyberSecurity and Hi-Tech Crime Prevention and Combat Department; Director of the Immigration Department shall sanction the acts of administrative violation prescribed in Chapters II and III, except for the acts specified at Point a Clause 4 Article 6; Point c Clause 3, Point g Clause 4, Points b, c and d Clause 5 Article 17; Point b Clause 6 Article 18; Clause 2, Point b and Point c Clause 5 Article 20; Clause 5 Article 34; Point a Clause 1 and Clause 2 Article 50; Points a and c Clause 3, Clause 4 Article 51; Points a and b Clause 2, Clause 4 Article 52; Points a and c Clause 2 Article 54; Clauses 1 and 2 Article 55; Clause 1 Article 57; Clause 1 Article 58; Clause 1 and Clause 2 Article 59; Article 60; Clause 1 Article 61 hereof.

3. Border Guard:

a) Heads of border-guard stations, heads of border-guard flotillas and commanders of Border Guard Commands of port border gates shall sanction the acts of administrative violation prescribed in Clause 1 Article 20; Clause 1 Article 31; Points a and b Clause 1 Article 35 and Article 43 hereof;

b) Commanders of provincial-level border guards, chiefs of border-guard fleets under the Border Guard High Command shall sanction the acts of administrative violation prescribed at Points c and d Clause 2 Article 11; Point b Clause 2 Article 12; Article 13; Point c Clause 5, Point e Clause 6 Article 15; Article 16; Point b Clause 3, Point a Clause 5 Article 18; Point b Clause 3, Point a Clause 5 Article 19; Clause 1, Point a Clause 4 and Point dd Clause 7 Article 20; Point a Clause 1 and Point a Clause 2 Article 24; Articles 25, 31 and 33; Points a, b and c Clause 2, Clauses 3, 4, 5 and 6 Article 34; Points a and b Clause 1 Article 35; Article 36 and Article 43 hereof.

4. Coast Guard:

a) Marine policemen shall sanction the acts of administrative violation prescribed at Point c Clause 1 Article 14 hereof;

b) Leaders of Coast Guard operation teams shall sanction the acts of administrative violation prescribed at Point c Clause 1 Article 14 hereof;

c) Heads of Coast Guard operation squads and heads of Coast Guard stations shall sanction the acts of administrative violation prescribed at Point c Clause 1 Article 14; Clause 1 Article 20 hereof;

d) Captains of Coast Guard flotillas shall sanction the acts of administrative violation prescribed at Point c Clause 1 Article 14; Point a Clause 1 Article 16; Clause 1 Article 20; Points a and b Clause 1 Article 35 and Article 36 hereof;

dd) Captains of coast guard fleets shall sanction the acts of administrative violation prescribed at Point c Clause 1 Article 14; Point a Clause 1 Article 16; Clause 1 Article 20; Points a and b Clause 1 Article 35 and Article 36 hereof;

e) Coast Guard regional commanders shall sanction the acts of administrative violation prescribed at Point b Clause 5 Article 9; Point b Clause 2 Article 11; Point c Clause 1 Article 14; Point a Clause 1, Clause 2 Article 16; Point b Clause 3 and Point a Clause 5, Point c Clause 6 Article 18; Point b Clause 3 and Point a Clause 5 Article 19; Clause 1, Point dd Clause 7 Article 20; Clause 1 Article 24; Article 25; Point a (for cases other than health protection food advertisement) and Point c Clause 2 Article 34; Points a and b Clause 1 Article 35 and Article 36 hereof;

g) The Vietnam Coast Guard Commander shall sanction the acts of administrative violation prescribed at Point b Clause 5 Article 9; Point b Clause 2 Article 11; Point c Clause 1 Article 14; Point a Clause 1, Clause 2 Article 16; Point b Clause 3 and Point a Clause 5, Point c Clause 6 Article 18; Point b Clause 3 and Point a Clause 5 Article 19; Clause 1 and Points a and dd Clause 7 Article 20; Article 24; Article 25; Article 33; Points a and c Clause 2, Clauses 3, 4 and 6 Article 34; Points a and b Clause 1 Article 35 and Article 36 hereof.

5. Customs:

a) Heads of district-level Customs Branches, heads of district-level Post-Customs Clearance Inspection Branches, heads of customs control teams of provincial, interprovincial or municipal Customs Departments, heads of Anti-Smuggling Control Teams, heads of Customs Procedures Teams, chiefs of marine control flotillas and heads of Control Teams to Protect Intellectual Property Rights of the Anti-Smuggling Investigation Department under the General Department of Vietnam Customs shall sanction the acts of administrative violation prescribed at Point b Clause 3 Article 18 and Point b Clause 3 Article 19 hereof;

b) Director of the Anti-Smuggling Investigation Department, director of the Post-Customs Clearance Inspection Department under the General Department of Vietnam Customs, and directors of provincial, inter-provincial and municipal Customs Departments shall sanction the acts of administrative violation prescribed at Point b Clause 3 and Point a Clause 5 Article 18; Point b Clause 3 and Point a Clause 5 Article 19 hereof;

c) The Director General of Vietnam Customs shall sanction the acts of administrative violation prescribed at Point b Clause 3 and Point a Clause 5 Article 18; Point b Clause 3 and Point a Clause 5 Article 19; Point dd Clause 7 Article 20 hereof.

6. Market Surveillance Force:

a) Heads of market surveillance teams shall sanction the acts of administrative violation prescribed in Article 7; Clause 4 Article 9; Clause 1 Article 13; Clause 5, Clause 6, Point a and Point b Clause 7 Article 15; Clause 2 Article 16; Clauses 1, 2, 3 and 4 Article 31; Clauses 1 and 2 Article 34 (except for the case of health protection food advertisement that violates Point a Clause 2 of this Article twice or more within 06 months); Points a and b Clause 1 Article 35; Article 36; Article 48; Article 49 (except for the case of advertising drugs, food, food additives, medical examination and treatment services, which violates the provision twice or more within 06 months); Clauses 1 and 2 Article 50; Clauses 1, 2 and 3 Article 51; Clauses 1, 2 and 3 Article 52 (except for the case of advertising health protection foods that violates Clause 3 of this Article twice or more within a 06 months); Clause 1 and Clause 2 Article 53; Article 54; Clauses 1 and 2 Article 55; Clauses 1 and 2 Article 57; Clause 1 Article 58; Clauses 1 and 2 Article 59 and Articles 60, 61 and 62 hereof;

b) Directors of provincial-level Market Surveillance Departments, the director of the Professional Department of Market Surveillance under the Vietnam Directorate of Market Surveillance shall sanction the acts of administrative violation prescribed in Article 7; Clause 4 and Clause 5 Article 9; Article 13; Clauses 5, 6, 7 and 8 Article 15; Clause 2 Article 16; Point c Clause 6 Article 18; Point dd Clause 7 Article 20; Clause 5 Article 21; Article 31; Clauses 1, 2 and 3 Article 34; Points a and b Clause 1 Article 35; Article 36; Article 48 and Section 4 Chapter III hereof;

c) The Director General of Vietnam Directorate of Market Surveillance shall sanction the acts of administrative violation prescribed in Article 7; Clause 4 and Clause 5 Article 9; Article 13; Clauses 5, 6, 7 and 8 Article 15; Clause 2 Article 16; Point c Clause 6 Article 18; Point dd Clause 7 Article 20; Clause 5 Article 21; Articles 31, 33 and 34; Points a and b Clause 1 Article 35; Article 36; Article 48 and Section 4 Chapter III hereof.

7. Specialized inspectorate of Culture, Sports and Tourism:

a) Inspectors or persons assigned to perform the task of Culture, Sports and Tourism inspection who are on duty shall sanction the acts of administrative violation prescribed in Clause 1 and Point a Clause 2 Article 14; Clause 1 Article 15; Point a Clause 1 Article 27 and 29 hereof;

b) Heads of specialized inspection teams, Chief Inspectors of provincial-level Departments of Culture, Sports and Tourism, provincial-level Departments of Culture and Sports shall sanction the acts of administrative violation prescribed in Clause 1, Clause 2, Point c Clause 4 and Point a Clause 5 Article 6; Article 7; Clause 1, Clause 2 and Points c, dd, e and g Clause 4 Article 8; Clauses 1, 2, 3 and 4 Article 9; Article 10; Clauses 1, 2, 3 and 4 Article 11; Clauses 1, 2, 3 and 4 Article 12; Clause 1 Article 13; Article 14; Clauses 1, 2, 3, 4, 5, 6 and 7 Article 15; Clause 1 and Clause 2 Article 16; Clause 1 and Clause 2 Article 17; Clauses 1, 2 and 3 Article 18; Clauses 1, 2 and 3 Article 19; Clauses 1, 2, 3 and 4 Article 20; Clauses 1, 2, 3, 4 and Point b Clause 5 Article 21; Article 22; Clauses 1, 2, 3, 4 and Point b Clause 5 Article 23; Clause 1 Article 24; Articles 25, 26, 27, 28, 29 and 30; Clauses 1, 2, 3 and 4 Article 31; Article 32; Clauses 1, 2 and 3 Article 34; Articles 35, 36, 37, 38 and 39; Clauses 1, 2 and 3 Article 40; Article 41; Section 3 and Section 4 Chapter III hereof;

c) Head of specialized inspection team of the Ministry of Culture, Sports and Tourism shall sanction the acts of administrative violation prescribed in Clauses 1, 2 and 3, Point c Clause 4 and Point a Clause 5 Article 6; Article 7; Clauses 1, 2 and 3 Article 8; Article 9; Article 10; Clauses 1, 2, 3, 4 and 5 Article 11; Clauses 1, 2, 3, 4 and 5 Article 12; Clauses 1 and 2 Article 13; Article 14; Article 15; Clauses 1, 2 and 3 Article 16; Clauses 1, 2 and 3 Article 17; Clauses 1, 2, 3 and 4 Article 18; Clauses 1, 2, 3 and 4 Article 19; Clauses 1, 2, 3, 4 and 5 Article 20; Clauses 1, 2, 3 and 4, Point b Clause 5 Article 21; Article 22; Clauses 1, 2, 3 and 4, Point b Clause 5 Article 23; Clause 1 and Clause 2 Article 24; Article 25; Section 6 Chapter II; Article 30; Clauses 1, 2, 3, 4 and 5 Article 31; Article 32; Clause 1 Article 33; Clauses 1, 2, 3 and 4 Article 34; Articles 35, 36, 37, 38 and 39; Clauses 1, 2 and 3 Article 40; Article 41; Section 3 and Section 4 Chapter III hereof;

d) Chief Inspector of the Ministry of Culture, Sports and Tourism shall sanction the acts of administrative violation prescribed in Chapters II and III hereof.

8. Information and Communications Inspectorate:

a) Heads of specialized inspection teams, Chief Inspectors of provincial-level Departments of Information and Communications and Directors of regional Frequency Centers shall sanction the acts of administrative violation prescribed at Point b Clause 2 Article 8; Clauses 1, 2 and 3 Article 34; Articles 35, 36, 37, 38 and 39; Clauses 1, 2 and 3 Article 40; Article 41 and Section 4 Chapter III hereof;

b) Head of specialized inspection team of the Ministry of Information and Communications shall sanction the acts of administrative violation prescribed at Point b Clause 2, Clause 5 Article 8; Clause 1 Article 33; Clauses 1, 2, 3 and 4 Article 34; Articles 35, 36, 37, 38 and 39; Clauses 1, 2 and 3 Article 40; Article 41 and Section 4 Chapter III hereof;

c) Chief Inspector of the Ministry of Information and Communications; Directors of Authority of Radio Frequency Management, Vietnam Telecommunications Authority, Authority of Broadcasting and Electronic Information, Authority of Press, Authority of Publication, Printing and Distribution shall sanction the acts of administrative violation prescribed at Point b Clause 2 and Clause 5 Article 8; Section 1, Section 2 and Section 4 of Chapter III hereof.

9. Health Inspectorate:

a) Heads of specialized inspection teams, Chief Inspectors of provincial-level Departments of Health and Directors of Food Safety and Hygiene Sub-Departments under provincial-level Departments of Health shall sanction the acts of administrative violation prescribed in Clauses 1, 2 and 3 Article 34; Articles 35, 36, 49, 50, 51, 52, 53, 54, 55 and 56 hereof;

b) Head of specialized inspection team of the Ministry of Health shall sanction the acts of administrative violation prescribed in Clause 1 Article 36; Clauses 1, 2, 3 and 4 Article 34; Articles 35, 36, 49, 50, 51, 52, 53, 54, 55 and 56 hereof;

c) Chief Inspector of the Ministry of Health, director of Drug Administration of Vietnam, director of Department of Medical Service Administration, director of Health Environment Management Agency, director of General Department of Preventive Medicine, director of Vietnam Food Administration shall sanction the acts of administrative violation prescribed in Section 1 Chapter III; Articles 49, 50, 51, 52, 53, 54, 55 and 56 hereof.

10. Inspectorate of Agriculture and Rural Development:

a) Heads of specialized inspection teams, Chief Inspectors of provincial-level Departments of Agriculture and Rural Development, Directors of Sub-Departments for Plant Protection, Animal Health, Livestock Production, Fisheries, Agro-Forestry Fisheries Quality Assurance, Water Resources, Dikes, Forestry under provincial-level Departments of Agriculture and Rural Development shall sanction the acts of administrative violation prescribed in Clauses 1, 2 and 3 Article 34; Article 35; Article 36; acts of advertising on billboards or banners contrary to provisions on dyke areas at Point c Clause 3 Article 42; Articles 49, 57, 58, 59, 60, 61 and 62 hereof;

b) Head of the specialized inspection team of the Ministry of Agriculture and Rural Development shall sanction the acts of administrative violation prescribed in Clause 1 Article 33; Clauses 1, 2 and 3 Article 34; Article 35; Article 36; the acts of advertising on billboards or banners contrary to regulations on dyke areas at Point c Clause 3 Article 42; Articles 49, 57, 58, 59, 60, 61 and 62 hereof;

c) Chief Inspector of the Ministry of Agriculture and Rural Development; Director Generals of Directorate of Water Resources, Directorate of Vietnam Disaster Management Authority, Vietnam Administration of Forestry, Directorate of Fisheries; Directors of Department of Animal Health, Plant Protection Department, Department of Crop Production, Department of Livestock Production, National Agro-Forestry-Fisheries Quality Assurance Department shall sanction the acts of administrative violation prescribed in Section 1 Chapter III; the acts of advertising on billboards or banners contrary to provisions on dyke areas prescribed at Point c Clause 3 Article 42; Articles 49, 57, 58, 59, 60, 61 and 62 hereof.

11. Construction inspectorate:

Chief Inspector of the Ministry of Construction shall sanction the acts of administrative violation prescribed at Point b and Point c Clause 5 Article 17 hereof.

12. Transport inspectorate:

a) Heads of specialized inspection teams, Chief Inspectors of provincial-level Departments of Transport, Chief Inspector of Maritime Administration, Chief Inspector of Civil Aviation Authority shall sanction the acts of hanging, placing, sticking or painting advertisements on traffic light poles specified in Clause 1, the act of using advertisements that affect the traffic order and safety specified at Point b Clause 2 Article 34; the act of advertising on billboards, banners without complying with regulations on traffic safety corridors; advertising on billboards, banners that hide traffic lights, or cross roads as specified at Point c Clause 3 Article 42; Article 43; Clause 2 Article 44; Clause 2 Article 46 and Point b Clause 3 Article 48 hereof;

b) Head of specialized inspection team of the Ministry of Transport shall sanction the acts of hanging, placing, sticking or painting advertisements on traffic light poles specified in Clause 1, the act of using advertisements that affect the traffic order and safety specified at Point b Clause 2 Article 34; the act of advertising on billboards, banners without complying with regulations on traffic safety corridors; advertising on billboards, banners that hide traffic lights, or cross roads as specified at Point c Clause 3 Article 42; Article 43; Clause 2 Article 44; Clause 2 Article 46 and Point b Clause 3 Article 48 hereof;

c) Chief Inspector of the Ministry of Transport, Director General of Directorate for Roads of Vietnam; Directors of Vietnam Railway Authority, Vietnam Inland Waterways Administration, Vietnam Maritime Administration, Civil Aviation Authority of Vietnam shall sanction the acts of hanging, placing, sticking or painting advertisements on traffic light poles specified in Clause 1, the act of using advertisements that affect the traffic order and safety specified at Point b Clause 2 Article 34; the act of advertising on billboards, banners without complying with regulations on traffic safety corridors; advertising on billboards, banners that hide traffic lights, or cross roads as specified at Point c Clause 3 Article 42; Article 43; Clause 2 Article 44; Clause 2 Article 46 and Point b Clause 3 Article 48 hereof.

13. Inspectorate of Labor, Invalids and Social Affairs:

Heads of specialized inspection teams, Chief Inspectors of provincial-level Departments of Labor, Invalids and Social Affairs; Head of specialized inspection team of the Ministry of Labor, Invalids and Social Affairs; Chief Inspector of the Ministry of Labor, Invalids and Social Affairs shall sanction the acts of administrative violation prescribed in Article 32 hereof.

14. Inspectorate of Natural Resources and Environment:

Chief Inspector of the Ministry of Natural Resources and Environment, Director General of Land Administration shall sanction the acts of administrative violation prescribed at Point b Clause 7 Article 20 hereof.

 

Chapter V

IMPLEMENTATION PROVISIONS
 

Article 72. Effect

1. This Decree takes effect on June 01, 2021.

2. From the effective date of this Decree, the following documents and regulations shall cease to be effective:

a) Government’s Decree No. 56/2006/ND-CP dated June 06, 2006, on sanctioning of administrative violations in the cultural sector;

b) Government’s Decree No. 158/2013/ND-CP dated November 12, 2013, on sanctioning of administrative violations in cultural, sporting, tourism and advertising sectors;

c) Article 2 of the Government’s Decree No. 28/2017/ND-CP dated March 20, 2017, amending and supplementing a number of articles of the Government’s Decree No. 131/2013/ND-CP dated October 16, 2013, on sanctioning of administrative violations relating to copyrights and relevant rights, and the Government’s Decree No. 158/2013/ND-CP dated November 12, 2013, providing for sanctioning of administrative violations in cultural, sporting, tourism and advertising sectors;

d) Clause 1 and Clause 3 Article 23 of the Government’s Decree No. 115/2018/ND-CP dated September 04, 2018, providing for sanctioning of administrative violations relating to food safety.

Article 73. Transitional provisions

1. For acts of administrative violations in cultural and advertising sectors that have been committed before the date on which this Decree takes effect but are detected or considered for handling decision after the effective date of this Decree, if this Decree does not provide for liability or impose lighter liability, this Decree shall prevail.

2. In cases sanctioned individuals and organizations lodge complaints about decisions on sanctioning of administrative violations that have been issued or whose execution has been completed before the date on which this Decree takes effect, Decree No. 158/2013/ND-CP dated November 12, 2013 on sanctioning of administrative violations in cultural, sporting, tourism and advertising sectors; the Government’s Decree No. 28/2017/ND-CP dated March 20, 2017, amending and supplementing a number of articles of the Government’s Decree No. 131/2013/ND-CP dated October 16, 2013, defining sanctioning of administrative violations related to copyright and related rights, and Decree No. 158/2013/ND-CP dated November 12, 2013, on sanctioning of administrative violations in cultural, sporting, tourism and advertising sectors shall apply to handle them.

Article 74. Responsibilities for provision of guidance on implementation

1. The Ministry of Culture, Sports and Tourism shall assume the prime responsibility for, and coordinate with relevant ministries and sectors in, providing guidance on and organizing the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of People’s Committees of provinces and centrally-run cities shall take responsibility for the implementation of this Decree./.