DECREE No. 56/2006/ND-CP OF JUNE 6, 2006, ON SANCTIONING ADMINISTRATIVE VIOLATIONS IN CULTURAL AND INFORMATION ACTIVITIES
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Civil Code;
Pursuant to the December 28, 1989 Press Law and the June 12, 1999 Law Amending and Supplementing a Number of Articles of the Press Law;
Pursuant to the June 29, 2001 Cultural Heritage Law;
Pursuant to the December 3, 2004 Publishing Law;
Pursuant to the November 29, 2005 Intellectual Property Law;
Pursuant to the December 28, 2000 Library Ordinance;
Pursuant to the November 16, 2001 Advertisement Ordinance;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations;
At the proposal of the Minister of Culture and Information,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation
1. Administrative violations in cultural and information activities mean individuals’ or organizations’ acts of intentionally or unintentionally violating state management regulations in the culture and information domains, which are not serious enough for penal liability examination but, according to the Ordinance on Handling of Administrative Violations and this Decree, must be administratively sanctioned.
2. Administrative violations in cultural and information domains defined in this Decree include acts of violating state management regulations in press activities; publishing activities; cinematography; performing arts; public cultural activities and cultural services; fine arts, cultural, art and photo exhibitions; copyright of literary and art works and related rights; advertisement, writing and placement of signboards; cultural heritage; library; cultural and art works; import and export of cultural products; and publicization and dissemination of works to foreign countries.
3. For administrative violations in press, publishing, cinematographic activities, the export of cultural products with contents disclosing state secrets, the provisions of law on sanctions against administrative violations related to security and order shall apply.
Article 2.- Subjects of application
1. Vietnamese individuals and organizations committing administrative violations in the cultural and information domains shall all be sanctioned under the provisions of this Decree and other relevant provisions of law on the sanctioning of administrative violations.
2. Foreign individuals and organizations committing administrative violations in the culture and information domains in the Vietnamese territory shall be sanctioned like Vietnamese individuals and organizations, except otherwise provided for by treaties to which Vietnam is a contracting party.
3. Minors committing administrative violations in the culture and information domains shall be sanctioned under the provisions of Article 7 of the Ordinance on Handling of Administrative Violations.
Article 3.- Statute of limitations for sanctioning
1. The statute of limitations for sanctioning administrative violations in press activities; cinematographic activities; performing arts; public cultural activities and cultural services; fine arts, cultural art and photo exhibitions; advertisement, writing and placement of signboards; cultural heritage; and library shall be one year counting from the date the administrative violation is committed.
2. The statute of limitations for sanctioning administrative violations in publishing activities, import and export of cultural products, and copyright shall be two years counting from the date the administrative violation is committed.
3. Past the time limit specified in Clauses 1 and 2 of this Article, no sanction shall be imposed but other measures stated at Points a, c and d, Clause 3, Article 12 of the Ordinance on Handling of Administrative Violations may apply.
4. Individuals against whom criminal cases had been instituted, who had been prosecuted or against whom decisions on bringing their cases to trial had been issued according to criminal procedures but who later got decisions on stopping the investigation or the cases, shall be administratively sanctioned if their acts show signs of administrative violation; the statute of limitations for sanctioning such administrative violations shall be three months counting from the date the persons with sanctioning competence receive the stoppage decision and the dossier of the violation.
5. Within the time limits stated in Clauses 1 and 2 of this Article, if individuals or organizations commit new administrative violations or deliberately evade or obstruct the sanctioning, the statute of limitations stated in Clauses 1 or 2 of this Article shall not apply. The statute of limitations for sanctioning administrative violations shall be recounted from the time the new administrative violations are committed or the time the acts of evading or obstructing the sanctioning terminate.
Article 4.- Sanctioning principles
1. Individuals and organizations shall only be administratively sanctioned when they commit administrative violations prescribed by law. Upon detecting acts of administrative violation, the persons with sanctioning competence shall have to order the immediate stop of such acts. The sanctioning must be carried out in a prompt, just, enlightened and absolute manner strictly according to law. All consequences caused by administrative violations must be overcome strictly according to law.
2. An act of administrative violation shall be sanctioned only once; a person committing many acts of administrative violation shall be sanctioned for every committed act; if many persons jointly commit an act of administrative violation, each of the violators shall be sanctioned.
3. The sanctioning of administrative violations shall be based on the nature and severity of violations, the personal details of violators and the extenuating as well as aggravating circumstances so as to decide on principal sanctions, additional sanctions and remedies prescribed in this Decree.
4. Persons competent to sanction administrative violations in the culture and information domains shall impose sanctions strictly according to their competence; for violations which go beyond their sanctioning competence and violations which show criminal signs, the agencies or persons handling them shall have to make records thereon, then transfer the records as well as other relevant documents and material evidences and means employed in the violations to agencies with competence to sanction such administrative violations or competent penal agencies for settlement.
5. Sanctions shall not be imposed for administrative violations committed in cases of urgent circumstances, unexpected events or for administrative violations committed by persons suffering from mental disease or other ailments which have deprived them of their capability to cognize or control their acts.
Article 5.- Application of sanctioning forms and remedies
1. When sanctioning administrative violations in the culture and information domains, the persons with sanctioning competence may only apply sanctioning forms and remedies prescribed for such acts according to the provisions of law.
2. When imposing a fine, the specific fine level for an act of administrative violation shall be the average level of the fine bracket prescribed for such act; if the violation involves extenuating circumstances, the fine level may be lower than the average level, but shall not be lower than the minimum level of the fine bracket; if the violation involves aggravating circumstances, the fine level may be higher than the average level but shall not exceed the maximum level of the fine bracket.
Extenuating and aggravating circumstances shall comply with the provisions of Articles 8 and 9 of the Ordinance on Handling of Administrative Violations.
3. Additional sanctioning forms and other remedies prescribed in this Decree may only be applied together with the principal sanctioning forms in order to thoroughly handle violations, do away with the causes and conditions for recidivism and overcome all consequences caused by administrative violations.
Chapter II
ACTS OF ADMINISTRATIVE VIOLATION IN CULTURAL- INFORMATION ACTIVITIES, SANCTIONING FORMS AND LEVELS
Section 1. ACTS OF VIOLATION IN THE PRESS DOMAIN, SANCTIONING FORMS AND LEVELS
Article 6.- Administrative violations in the press domain
Acts of violation in the press domain include acts of violating regulations in press activities (printed, audio, visual and electronic press), pay television, publishing of special issues, bulletins, documents, leaflets, circulation of press releases, display of news on electronic screens, supply of information, creation of Internet websites, and activities related to the reception of television programs directly from satellite (TVRO).
Article 7.- Violations of regulations on press permits
1. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:
a/ Modifying, erasing permits;
b/ Failing to abide by the provisions of permits;
c/ Relocating the press agency’s head office without notifying the state management agency in charge of press thereof.
2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for acts of publishing bulletins, documents or leaflets without permit.
3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:
a/ Circulating press releases, displaying news on electronic screens, creating Internet websites or installing TVRO equipment without permit as prescribed;
b/ Publishing special issues, supplements, specialized issues, launching additional channels or increasing pages or adding programs without permit;
c/ Providing Internet information services without permit.
4. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for publishing printed or electronic newspapers or broadcasting radio or television programs without press licenses as prescribed.
5. Forms of additional sanction:
a/ Stripping of the right to use permits for between 90 days and 180 days, for acts specified at Point a, Clause 1 of this Article;
b/ Confiscating material evidences and means used in the violations, for acts specified at Point b, Clause 3; and in Clause 4 of this Article.
Article 8.- Violations of regulations on press layouts
1. A fine of between VND 500,000 and 1,500,000 shall be imposed for one of the following acts:
a/ Failing to display fully or correctly the contents according to regulations on press layouts;
b/ Presenting page 1 of newspapers, the front cover of magazines, special issues, bulletins, documents or leaflets in a way inappropriate to their contents;
c/ Making illustrations and headlines irrelevant to the information contents, thus making readers misunderstand the information contents.
2. Form of additional sanction:
Confiscating press products, for acts specified at Points b and c, Clause 1 of this Article, when serious consequences are caused.
Article 9.- Violations of regulations on press corrections
1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for one of the following acts:
a/ Making corrections not in accordance with regulations on position, space, time volume and letter sizes of corrections;
b/ Failing to abide by regulations on carrying statements of organizations and/or individuals related to press articles.
2. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for making corrections not according to regulations on the time for making correction.
3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:
a/ Failing to make corrections according to regulations;
b/ Failing to publish or broadcast conclusions of competent state agencies on incorrect press information.
4. Remedies:
a/ Forced correction, for acts specified at Point a, Clause 3 of this Article;
b/ Forced publication or broadcasting, for acts specified at Point b, Clause 3 of this Article.
Article 10.- Violations of regulations on information contents
1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the following acts:
a/ Disclosing personal secrets without the consent of concerned persons or their relatives, unless otherwise provided for by law;
b/ Publicizing individuals’ private documents or mails without the consent of the lawful owners of such documents or mails, unless otherwise provided for by law;
c/ Publishing or broadcasting individuals’ photos without the consent of such individuals or their relatives, except for cases of seeking relatives of victims, photos of persons against whom criminal cases have been instituted or who are serving prison sentences, and photos of collectives’ activities;
d/ Failing to report or explain information contents to the state management agency in charge of press or failing to do so within the prescribed time limit.
2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:
a/ Carrying false information, thus causing bad but not serious impacts;
b/ Carrying information on mystical stories without citing their reference source.
3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a/ Describing in detail obscene actions, horrible killings in news reports, articles or photos;
b/ Publishing or broadcasting pornographic pictures, anti-aesthetic nude, naked body pictures, which are unsuitable to the fine traditions and customs of Vietnam;
c/ Propagating bad or superstitious customs and practices.
4. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for carrying false information, thus causing serious impacts.
5. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the following acts:
a/ Publishing or broadcasting information not permitted for dissemination, which is not serious enough for penal liability examination;
b/ Publishing or broadcasting works subject to circulation ban or confiscation decisions.
6. Forms of additional sanction:
a/ Confiscating press products, material evidences and means used in the violations, for acts specified in Clauses 2, 3, 4 and 5 of this Article;
b/ Striping of the right to use press cards indefinitely, for journalists committing acts specified in Clause 4 of this Article;
c/ Striping of the right to use licenses for between 90 and 180 days, for acts specified in Clause 5 of this Article.
7. Remedy:
Forced correction and apology, for acts specified in Clauses 1, 2 and 4 of this Article.
Article 11.- Violations of regulations on provision of information for the press and use of information by press agencies
1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for acts of violating regulations on organizations’ and citizens’ right to provide information to the press as provided for in Clause 2, Article 4; and in Article 7 of the Press Law.
2. A fine of between VND 3,000,000 and 7,000,000 shall be imposed for one of the following acts:
a/ Press agencies arbitrarily adding, truncating or wrongly presenting the opinions of their interviewees;
b/ Press agencies or journalists failing to respond to interviewees’ request to review the contents of the interviews before they are published or broadcast;
c/ Press agencies adding, truncating or distorting the contents of written conclusions of competent state agencies on given cases or matters when publishing or broadcasting them.
Article 12.- Violations of regulations on the use of press cards, professional activities of journalists
1. A fine of between VND 500,000 and 2,000,000 shall be imposed for one of the following acts:
a/ Lending press cards to other persons for carrying out press activities;
b/ Using press cards of others for carrying out press activities;
c/ Using press cards not in accordance with the assigned tasks.
2. A fine of between VND 3,000,000 and 6,000,000 shall be imposed for abusing the journalist’s capacity to illegally interfere in or obstruct lawful activities of agencies, organizations or individuals.
3. A fine of between VND 3,000,000 and 7,000,000 shall be imposed for one of the following acts:
a/ Hurting the honor and dignity of journalists or obstructing lawful professional activities of journalists;
b/ Destroying equipment and means used by journalists in their professional activities.
4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for acts of threatening or intimidating journalists’ lives.
5. Form of additional sanction:
Stripping of the right to use press cards indefinitely, for acts specified in Clause 2 of this Article.
Article 13.- Violations of regulations on press meetings
1. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for holding press meetings without sending prior notices in writing to the state management agency in charge of the press or with such notices made not in accordance with regulations.
2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for holding press meetings with contents in violation of the provisions of Clause 4, Article 10 of the Press Law.
3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:
a/ Holding press meetings without the approval of the state management agency in charge of the press or in spite of a cancellation order;
b/ Holding press meetings with contents violating the provisions of Clauses 1, 2 and 3, Article 10 of the Press Law.
Article 14.- Violations of regulations on deposit of press products
1. A fine of between VND 500,000 and 1,500,000 shall be imposed for failing to deposit press products according to regulations on deposit places, time, quantity or procedures.
2. A fine of between VND 1,500,000 and 3,000,000 shall be imposed for failing to deposit press products.
3. Remedy:
Forced deposit of press products strictly according to the provisions of law for acts specified in Clauses 1 and 2 of this Article.
Article 15.- Violations of regulations on circulation of press products
1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for failing to print selling prices on press products.
2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for obstructing the lawful distribution of press products or for selling illegally imported press products.
3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for distributing press products without publishing permit.
4. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for distributing press products not permitted for circulation or subject to withdrawal, confiscation or circulation ban decisions.
5. Form of additional sanction:
Confiscating material evidences and means used in the violations, for acts specified in Clauses 3 and 4 of this Article.
Article 16.- Violations of regulations on registration of the supply of decoding sets of foreign television programs, registration of the distribution of decoding sets of foreign television programs, registration of agencies or organizations dealing in the installation and repair of TVRO equipment
1. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:
a/ Modifying, erasing registration certificates;
b/ Failing to comply with the provisions of registration certificates and other provisions of law on activities related to the reception of television programs from satellite;
c/ Trading in illegally imported TVRO equipment.
2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for supplying or distributing decoding sets of foreign television programs, dealing in the installation or repair of TVRO equipment without registration certificates granted by competent state agencies.
3. Forms of additional sanction:
a/ Striping of the right to use registration certificates indefinitely, for acts specified in Clause 1 of this Article;
b/ Confiscating press material evidences and means used in the violations for acts specified at Point c, Clause 1; and in Clause 2 of this Article.
Article 17.- Violations of regulations on access to, management and provision of information on the computerized information network (Internet)
1. A fine of between VND 200,000 and 500,000 shall be imposed for one of the following acts:
a/ Accessing harmful information or pictures on the computerized information network;
b/ Failing to post operation rules at Internet agents.
2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for letting customers access harmful information on the computerized information network.
3. A fine of between VND 3,000,000 and 10,000,000 shall be imposed for one of the following acts:
a/ Disseminating harmful information and pictures from the computerized information network to outside;
b/ Posting harmful information and pictures on the computerized information network, causing consequences which are not serious;
c/ Posting on the computerized information network publications not yet permitted for circulation;
d/ Storing harmful information and pictures on computers at Internet agents.
4. A fine of between VND 10,000,000 and 25,000,000 shall be imposed for posting harmful information and pictures on the computerized information network, causing serious consequences.
5. Forms of additional sanction:
a/ Confiscating material evidences in the violations, for acts specified at Points a and d, Clause 3; and in Clause 4 of this Article;
b/ Striping of the right to use permits for between 90 and 180 days, for acts specified at Point b, Clause 3; and in Clause 4 of this Article.
Section 2. ACTS
OF VIOLATION IN THE PUBLISHING DOMAIN, SANCTIONING
FORMS AND LEVELS
Article 18.- Violations of regulations on presentation and illustration of publications
1. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the following acts:
a/ Writing insufficiently or improperly information which is required to be shown on publications;
b/ Presenting the cover pages of publications or making illustrations inappropriately with the contents of publications.
2. Form of additional sanction:
Confiscating material evidences in the violations, for acts specified at Point b, Clause 1 of this Article, if serious consequences are caused.
Article 19.- Violations of regulations on stockpile and distribution of publications
1. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the following acts:
a/ Obstructing the lawful distribution of publications;
b/ Selling illegally published or imported books, newspapers, paintings, pictures, calendars or leasing such books;
c/ Selling books, paintings, pictures or calendars with superstitious contents;
d/ Illegally stockpiling between 50 and under 200 copies of illegally printed or duplicated publications.
2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a/ Selling publications of not-for-sale or for-internal-use kinds;
b/ Illegally stockpiling between 200 and under 500 copies of illegally printed or duplicated publications;
c/ Selling books, paintings, pictures or calendars or leasing books with contents propagating debauching, obscene lifestyles or inciting violence.
3. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the following acts:
a/ Issuing or stockpiling for the purpose of circulation publications not permitted for circulation or subject to withdrawal or confiscation decisions;
b/ Selling books, newspapers, paintings, pictures and calendars or leasing books subject to withdrawal, confiscation or circulation ban decisions;
c/ Illegally stockpiling 500 copies or more of illegally printed or duplicated publications;
d/ Selling or disseminating publications which have been printed under contracts signed with foreign countries within the Vietnamese territory;
e/ Holding exhibitions or fairs of publications without permit or not according to the permitted contents.
4. Form of additional sanction:
Confiscating material evidences in the violations, for acts specified at Points b, c and d, Clause 1; Points b and c, Clause 2; and in Clause 3 of this Article.
Article 20.- Violations of regulations on publishing permits
1. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:
a/ A publishing house relocating its head office without notifying in writing such to the state management agency in charge of publishing;
b/ Modifying or erasing publishing permits or publishing decisions.
2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a/ Failing to comply with the contents of the publishing permit;
b/ Transferring a publishing permit in whatever forms;
c/ A publishing house publishing publications irrelevant to its operation guidelines and objectives;
d/ Importing publications not on the import registration list.
3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:
a/ Publishing publications without registering their publishing plan;
b/ Publishing publications without publishing decisions of the director of the publishing house;
c/ Publishing publications without publishing permits of the state management agency in charge of publishing;
d/ Publishing publications subject to appraisal without conducting appraisal;
e/ Importing publications for sale without publications import business licenses;
f/ Importing publications for sale without registering import plans with the state management agency in charge of publishing;
g/ Failing to comply with the provisions of Article 20 of the Publishing Law on association in the publishing domain.
4. A fine of VND 30,000,000 shall be imposed for one of the following acts:
a/ Establishing a publishing house without the permission of a competent state agency;
b/ Foreign publishing houses or distribution organizations opening representative offices in Vietnam without permit or operating such representative offices not in accordance with the contents of their permits.
5. Forms of additional sanction:
a/ Confiscating material evidences in the violations, for acts specified in Clauses 2 and 3 of this Article;
b/ Stripping of the right to use permits, for acts specified at Point b, Clause 2 of this Article.
Article 21.- Violations of prohibitions on contents of publications
1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a/ Publishing publications with contents infringing upon the honor or dignity or disclosing personal secrets of individuals without the consent of such persons or their relatives, unless otherwise provided for by law;
b/ Publishing publications with false contents;
c/ Publishing maps wrongly illustrating administrative boundaries at any level.
2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:
a/ Publishing maps wrongly illustrating national sovereignty;
b/ Publishing publications with contents propagating debauching, obscene lifestyles, social vices or superstition, which undermine fine customs and practices.
3. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the following acts:
a/ Publishing publications with contents in violation of the provisions of Clause 1, Article 10 of the Publishing Law;
b/ Publishing publications with contents spreading propaganda about or inciting wars of aggression, causing hatred among nations and peoples of countries; inciting violence; or disseminating reactionary ideas;
c/ Publishing publications with contents disclosing Party, State, military, security, economic, foreign relations or other secrets as provided for by law;
d/ Publishing publications with contents distorting historical truths, negating revolutionary gains, hurting the nation, great public figures or national heroes; slandering or infringing upon the prestige of agencies or organizations.
4. Form of additional sanction:
Confiscating material evidences in the violations, for acts specified at Point c, Clause 1; and in Clauses 2 and 3 of this Article.
Article 22.- Violations of regulations on printing activities
1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the following acts:
a/ Failing to register printing equipment according to the provisions of law;
b/ Photocopying press works or publications subject to circulation ban.
2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:
a/ Failing to comply with the contents of the publishing permit;
b/ Transferring printing permits in whatever form;
c/ Modifying, erasing printing permits;
d/ Printing or duplicating establishments failing to promptly report to the state management agency in charge of publishing when detecting that the contents of works ordered for printing are in violation of Article 10 of the Publishing Law.
3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for printing between 50 and under 500 copies of publications in excess of the quantity written in the printing contract.
4. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the following acts:
a/ Printing, duplicating publications not according to procedures or without contract as prescribed;
b/ Printing between 500 and under 1,000 copies of publications in excess of the quantity written in the printing contract.
5. A fine of between VND 15,000,000 and 30,000,000 shall be imposed for one of the following acts:
a/ Printing, duplicating press works or publications which are subject to withdrawal, confiscation, circulation ban or destruction decisions or which contain contents in violation of the provisions of Article 10 of the Publishing Law;
b/ Establishments printing publications without permit though such publications are subject to permit;
c/ Printing 1,000 copies or more of publications in excess of the quantity written in the printing contract;
d/ Importing color photocopiers without import permit;
e/ Printing products banned by law from circulation in Vietnam, except for permitted printing for foreign countries under contracts.
6. Forms of additional sanction:
a/ Stripping of the right to use permits for between 90 and 180 days, for acts specified at Points b and c, Clause 2; and Point a, Clause 5 of this Article;
c/ Confiscating material evidences and means used in the violations, for acts specified at Point b, Clause 1; Point a, Clause 4; and Points a, d and e, Clause 5 of this Article.
Article 23.- Violations of regulations on deposit of publications
1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for failing to deposit sufficient quantities of publications according to regulations.
2. A fine of between VND 3,000,000 and 7,000,000 shall be imposed for failing to deposit publications according to regulations or for distributing publications within 10 days after depositing publications.
3. Remedy:
Forced depositing of publications according to the provisions of law, for acts specified in Clauses 1 and 2 of this Article.
Section 3. ACTS OF VIOLATION IN THE CINEMATOGRAPHIC DOMAIN, SANCTIONING FORMS AND LEVELS
Article 24.- Violations of regulations on production of films and video films
1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a/ Filming in areas banned from filming or with banned contents specified in Clause 3, Article 2 of the Government’s Decree No. 48/CP of July 17, 1995, on cinematographic organization and operation.
b/ Producing films or video films with contents disclosing personal secrets of individuals without the consent of such individuals;
c/ Foreign organizations or individuals producing films in Vietnam failing to comply with the contents of the permits for film or video film production;
d/ Foreign organizations or individuals that are granted permits for film production in Vietnam modifying, erasing or transferring such permits.
2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:
a/ Providing film-making services for foreign partners or cooperating in film production with foreign partners not in accordance with the contents of the permits;
b/ Producing films or video films with contents slandering, hurting the prestige of organizations or the honor and dignity of individuals.
3. A fine of between VND 20,000,000 and 25,000,000 shall be imposed for one of the following acts:
a/ Producing films or videos with contents which are debauching, incite violence, encourage social vices, criminal acts or superstition, thus affecting fine traditions and customs as well as ecological environment;
b/ Providing services or conducting cooperation in film making with foreign partners without permit.
4. A fine of between VND 25,000,000 and 30,000,000 shall be imposed for one of the following acts:
a/ Producing films or video films with contents opposing the State of the Socialist Republic of Vietnam or undermining the all-people unity bloc;
b/ Producing films or video films with contents which are debauching, spread propaganda about wars of aggression, sow division among nations and peoples of countries or express reactionary ideas and culture or criminal acts;
c/ Producing films or video films with contents distorting history, negating revolutionary gains or hurting great men or national heroes;
d/ Foreign individuals or organizations producing films in Vietnam without permit.
5. Forms of additional sanction:
a/ Stripping of the right to use permits indefinitely, for acts specified at Point d, Clause 1; and Point a, Clause 2 of this Article;
b/ Confiscating material evidences in the violations, for acts specified in Clauses 1, 2, 3 and 4 of this Article;
c/ Confiscating means used in the violations, for acts specified at Point a, Clause 1; Point a, Clause 3; and in Clause 4 of this Article.
Article 25.- Violations of regulations on printing, duplicating and stockpiling films and film tapes and discs
1. A fine of between VND 500,000 and 1,500,000 shall be imposed for illegally stockpiling between 5 and under illegally printed or duplicated 50 copies of films, film tapes or discs.
2. A fine of between VND 1,500,000 and 3,000,000 shall be imposed for illicitly stockpiling between 50 and under 100 illicitly printed or duplicated copies of films, film tapes or discs.
3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:
a/ Duplicating under 20 copies of films, film tapes or discs which are not yet permitted for circulation;
b/ Illegally stockpiling between 100 and under 500 copies of illicitly printed or duplicated films, film tapes or discs;
c/ Stockpiling for circulation under 10 films with contents banned from circulation.
4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a/ Duplicating between 20 and under 100 copies of films, film tapes or discs which are not yet permitted for circulation;
b/ Illegally stockpiling 500 copies or more of illicitly printed or duplicated films, film tapes or discs;
c/ Stockpiling for circulation between 10 and 50 films with contents banned from circulation.
5. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the following acts:
a/ Duplicating 100 copies or more of films, film tapes or discs which are not yet permitted for circulation;
b/ Inserting sounds or images advertising for goods which are banned from advertisement into films, film tapes or discs;
c/ Inserting sounds or images which are debauching, obscene or incite violence into films, film tapes or discs which have been permitted for circulation;
d/ Stockpiling for circulation between 51 and 100 films with contents banned from circulation.
6. A fine of between VND 15,000,000 and 30,000,000 shall be imposed for one of the following acts:
a/ Duplicating films, film tapes or discs subject to withdrawal, confiscation, destruction or circulation ban decisions;
b/ Duplicating films, film tapes or discs with contents which are debauching, obscene or incite violence;
c/ Stockpiling for circulation over 100 films with contents banned from circulation.
7. Forms of additional sanction:
b/ Confiscating material evidences in the violations, for acts specified in Clauses 1, 2, 3, 4, 5 and 6 of this Article;
c/ Confiscating means used in the violations, for acts specified at Point a, Clause 4; in Clauses 5 and 6, or for relapse into acts specified at Point a, Clause 3 of this Article.
Article 26.- Violations of regulations on distribution of films, film tapes and discs
1. A fine of between VND 200,000 and 500,000 shall be imposed for one of the following acts:
a/ Buying between 5 and under 20 copies of unlabeled film tapes or discs;
b/ Selling or renting under 20 copies of film tapes or discs not affixed with labels or affixed with fake labels;
c/ Selling or renting film tapes or discs not at the right places indicated in the permits;
d/ Buying or selling 5 or more film tape or disc labels not yet fully printed with prescribed contents;
e/ Buying between 10 and under 50 fake labels of film tapes or discs;
f/ Erasing, modifying labels affixed on film tapes or discs.
2. A fine of between over VND 500,000 and 1,500,000 shall be imposed for one of the following acts:
a/ Selling, renting or circulating under 20 copies of films, film tapes or discs which are not yet permitted for circulation;
b/ Buying, selling or renting between 20 and under 100 copies of film tapes or discs not affixed with labels or affixed with fake labels;
c/ Fraudulently substituting the contents of labeled film tapes or discs for trading;
d/ Transferring permits to other organizations or individuals or using permits of other organizations or individuals for selling or renting film tapes or discs;
e/ Modifying, erasing permits for sale or rent of film tapes or discs.
f/ Buying 50 or more fake film tape or disc labels.
3. A fine of between over VND 1,500,000 and 3,000,000 shall be imposed for one of the following acts:
a/ Buying between 100 and under 500 film tapes or discs not affixed with labels;
b/ Selling or renting between 100 and under 500 film tapes or discs not affixed with labels or affixed with fake labels;
c/ Selling or renting between 20 and under 100 copies of film tapes or discs which are not yet permitted for circulation;
4. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:
a/ Selling or renting film tapes or discs without permits issued by the state management agency in charge of culture and information;
b/ Transferring permits to other organizations or individuals or using permits of other organizations or individuals for selling or renting films tapes or discs;
c/ Distributing films, film tapes or discs which are not yet permitted for circulation;
d/ Distributing films, film tapes or discs beyond the permitted scope within the country;
e/ Selling or renting between 500 and under 1,000 film tapes or discs not affixed with labels or affixed with fake labels;
f/ Selling or renting 100 copies or more of film tapes or discs which are not yet permitted for circulation;
g/ Producing fake labels of film tapes or discs for sale;
h/ Selling, renting or circulating films, film tapes or discs with debauching, obscene or violence-inciting contents.
5. A fine of between over VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a/ Adding, cutting or falsifying the contents of films already permitted for circulation for sale or rent;
b/ Buying, selling or renting between 1,000 and under 5,000 film tapes or discs not affixed with labels or affixed with fake labels.
6. A fine of between over VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:
a/ Stockpiling for dissemination films banned from dissemination or subject to withdrawal, confiscation or destruction decisions;
b/ Selling, renting or distributing films, film tapes or discs subject to withdrawal, confiscation, circulation ban or destruction decisions;
c/ Selling, renting or distributing films, film tapes or discs with debauching contents;
d/ Selling or renting 5,000 or more of film tapes or discs not affixed with labels or affixed with fake labels;
e/ Exporting films without dissemination decision though they are required to have a dissemination decision or films which are not yet broadcast on television.
7. Forms of additional sanction:
a/ Stripping of the right to use permits for between 90 and 180 days, for acts specified at Point c, Clause 1; Points d and e, Clause 2; Points b, e, f and h, Clause 4; Point b, Clause 5; and in Clause 6 of this Article;
b/ Confiscating material evidences in the violations, for acts specified at Points a, b, d, e and f, Clause 1; Points a, b, c, and f, Clause 2; in Clause 3; at Points c, e, f, g and h, Clause 4; and in Clauses 5 and 6 of this Article;
d/ Confiscation of means used in the violations, for acts specified at Point g, Clause 4 of this Article.
Article 27.- Violations of regulations on film screening
1. A fine of between VND 300,000 and 1,000,000 shall be imposed for one of the following acts:
a/ Screening films at public places, causing noise in excess of the prescribed limit or screening films after 24:00 hrs;
b/ Admitting under-16 children into cinemas to see films which are banned from watching by children under 16 years old.
2. A fine of between VND 500,000 and 1,000,000 shall be imposed for screening unlabelled films at public places.
3. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for screening films which have not yet been permitted for circulation at public places.
4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for screening films with obscene or violence-inciting contents at public places.
5. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:
a/ Screening films subject to withdrawal, confiscation, circulation ban or destruction decisions at public places;
b/ Screening films with debauching contents at public places.
6. Forms of additional sanction:
a/ Confiscating material evidences in the violations, for acts specified in Clauses 3, 4 and 5 of this Article;
b/ Confiscating means used in the violations, for acts specified in Clauses 4 and 5 of this Article.
Article 28.- Violations of regulations on deposit and archival of cinematographic works
1. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for failing to deposit or archive cinematographic works in sufficient quantities and of proper categories according to regulations.
2. A fine of between VND 5,000,000 and 10,000,000 for failing to deposit or archive cinematographic works according to regulations.
3. Remedy:
Forced deposit or archival of cinematographic works according to the provisions of law, for acts specified in Clauses 1 and 2 of this Article.
Section 4. ACTS OF VIOLATION IN THE DOMAIN OF PERFORMING ARTS, SANCTIONING FORMS AND LEVELS
Article 29.- Violations of regulations on duplication of music and theatrical tapes and discs
1. Caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for duplicating between 5 and under 100 copies of music or theatrical tapes or discs not yet permitted for circulation.
2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for duplicating between 100 and under 300 copies of music or theatrical tapes or discs not yet permitted for circulation.
3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for duplicating between 300 and under 500 copies of music or theatrical tapes or discs not yet permitted for circulation.
4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a/ Duplicating between 500 and under 1,000 copies of music or theatrical tapes or discs not yet permitted for circulation;
b/ Duplicating music or theatrical tapes or discs with obscene or violence-inciting contents.
5. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:
a/ Duplicating music or theatrical tapes or discs subject to circulation ban, withdrawal or confiscation decisions;
b/ Duplicating music or theatrical tapes or discs with debauching contents;
c/ Duplicating between 1,000 and under 5,000 copies of music or theatrical tapes or discs not yet permitted for circulation.
6. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for duplicating 5,000 or more copies of music or theatrical tapes or discs not yet permitted for circulation.
7. Forms of additional sanction:
a/ Confiscating material evidences in the violations, for acts specified in Clauses 1, 2, 3, 4, 5 and 6 of this Article;
b/ Confiscating means used in the violations, for acts specified in Clauses 2, 3, 4, 5 and 6 of this Article.
Article 30.- Violations of regulations on production of music and theatrical tapes and discs
1. A fine of between VND 1,500,000 and 5,000,000 shall be imposed for one of the following acts:
a/ Modifying, erasing permits for production of music or theatrical tapes or discs;
b/ Inserting sounds and/or images with obscene, violence-inciting or superstitious contents into music or theatrical tapes or discs already permitted for circulation;
c/ Inserting sounds and/or images not yet permitted for circulation into music or theatrical tapes or discs already permitted for circulation;
d/ Failing to deposit theatrical or music tapes or discs.
2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a/ Transferring production or distribution permits to other organizations or individuals or using permits of other organizations or individuals for producing theatrical or music tapes or discs;
b/ Producing music or theatrical tapes or discs for business purpose without license.
3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for producing theatrical or music tapes or discs with obscene or violence-inciting contents or inserting sounds or images with banned contents into tapes or music discs already permitted for circulation for business purposes.
4. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for producing theatrical or music tapes or discs with debauching or banned contents.
5. Forms of additional sanction:
a/ Stripping of the right to use permits indefinitely, for acts specified in Clause 1, at Point a, Clause 2; and in Clauses 3 and 4 of this Article;
b/ Confiscating material evidences in the violations, for acts specified at Points b and c, Clause 1; Point b, Clause 2; and in Clauses 3 and 4 of this Article;
c/ Confiscating means used in the violations, for acts specified at Points b and c, Clause 1; Point b, Clause 2; and in Clauses 3 and 4 of this Article.
Article 31.- Violations of regulations on purchase, sale, rent of music or theatrical tapes and discs
1. Caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for one of the following acts:
a/ Selling, renting or circulating under 50 copies of music or theatrical tapes or discs not yet permitted for circulation;
b/ Selling or renting under 50 illicitly printed or duplicated copies of music or theatrical tapes or discs.
2. A fine of between over VND 1,000,000 and 2,000,000 shall be imposed for one of the following acts:
a/ Purchasing, selling or renting between 50 copies and under 100 copies of music or theatrical tapes or discs not yet permitted for circulation;
b/ Purchasing, selling or renting between 50 and under 100 illicitly printed or duplicated copies of music or theatrical tapes or discs.
3. A fine of between over VND 2,000,000 and 5,000,000 shall be imposed for one of the following acts:
a/ Selling or renting under 20 copies of music or theatrical tapes or discs with banned contents;
b/ Purchasing, selling, renting or circulating between 100 and under 300 copies of music or theatrical tapes or discs not yet permitted for circulation;
c/ Purchasing, selling or renting between 100 and under 300 illicitly printed or duplicated copies of music or theatrical tapes or discs.
4. A fine of between over VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a/ Purchasing, selling or renting between 20 and under 50 copies of music or theatrical tapes or discs with banned contents;
b/ Purchasing, selling, renting or circulating between 300 and under 500 copies of music or theatrical tapes or discs not yet permitted for circulation;
c/ Purchasing, selling or renting between 300 and under 500 illicitly printed or duplicated copies of music or theatrical tapes or discs.
5. A fine of between over VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:
a/ Purchasing, selling or renting between 50 and under 100 copies of music or theatrical tapes or discs with banned contents;
b/ Purchasing, selling, renting or circulating between 500 and under 1,000 copies of music or theatrical tapes or discs not yet permitted for circulation;
c/ Purchasing, selling or renting between 500 and under 1,000 illicitly printed or duplicated copies of music or theatrical tapes or discs.
6. A fine of between over VND 20,000,000 and 30,000,000 shall be imposed for one of the following acts:
a/ Purchasing, selling or renting 100 or more copies of music or theatrical tapes or discs with banned contents;
b/ Purchasing, selling, renting or circulating 1,000 copies or more of music or theatrical tapes or discs not yet permitted for circulation;
c/ Purchasing, selling or renting 1,000 or more illicitly printed or duplicated copies of music or theatrical tapes or discs.
7. Form of additional sanction:
Confiscating material evidences in the violations, for acts specified in Clauses 1, 2, 3, 4 and 5 of this Article.
Article 32.- Violations of regulations on stockpiling and dissemination of music and theatrical tapes and discs
1. Caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for disseminating music and theatrical tapes and discs not yet permitted for dissemination at public places.
2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for one of the following acts:
a/ Disseminating music or theatrical tapes or discs with superstitious contents at public places;
b/ Stockpiling or disseminating under 50 illegally duplicated copies of music or theatrical tapes or discs.
3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the following acts:
a/ Illegally stockpiling or disseminating under 20 copies of music or theatrical tapes or discs banned from dissemination;
b/ Stockpiling or disseminating between 50 and under 100 illegally duplicated copies of music or theatrical tapes or discs;
c/ Disseminating music or theatrical tapes or discs with obscene or violence-inciting contents at public places.
4. A fine of between over VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a/ Stockpiling or disseminating between 20 and under 100 copies of music or theatrical tapes or discs banned from dissemination;
b/ Illegally stockpiling between 100 and under 300 illegally duplicated copies of music or theatrical tapes or discs;
c/ Stockpiling or disseminating music or theatrical tapes or discs with reactionary or debauching contents;
d/ Distributing music or theatrical tapes or discs not affixed with control marks or affixed with control marks not compatible with the tape or disc contents permitted for distribution.
5. A fine of between over VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:
a/ Illegally stockpiling 100 copies or more of music or theatrical tapes or discs banned from dissemination;
b/ Illegally stockpiling 300 illegally duplicated copies or more of music or theatrical tapes or discs;
c/ Illegally stockpiling 300 copies or more of music or theatrical tapes or discs banned from circulation.
6. Form of additional sanction:
Confiscating material evidences in the violations, for acts specified in Clauses 1, 2, 3, 4 and 5 of this Article.
Article 33.- Violations of regulations on art performances and fashion shows
1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for one of the following acts:
a/ Arbitrarily modifying the contents, adding or cutting words or lines or adding other performance acts different from those already permitted upon preview, thus causing bad consequences;
b/ Arbitrarily wearing costumes different from those already previewed and permitted by competent authorities, thus causing bad consequences;
c/ Wearing costumes not suitable to fine traditions and customs of Vietnam;
d/ Performers abusing their conversations with audiences to take antisocial acts or utter vulgar or improper words.
2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the following acts:
a/ Failing to comply with the contents of the permits issued by the state management agency in charge of culture and information;
b/ Artists who are overseas Vietnamese or foreigners delivering performances in Vietnam without permission of the state management agency in charge of culture and information;
c/ Playing soundtracks pre-recorded on tapes, discs or other audio equipment to replace the voice of performers;
d/ Purchasing, selling, transferring, modifying, lending or leasing public performance permits for organizing performances;
e/ Giving performances after 24:00 hrs without permission of a competent state agency;
f/ Having applied and obtained permission for organizing performances for charity purposes but failing to organize performances for such purposes;
g/ Organizing performance of works not yet permitted for dissemination.
3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a/ Organizing performances by foreign art troupes or artists at public places without public performance permits or performance acceptance papers granted by a competent state management agency in charge of culture and information or not according to the contents of such permits;
b/ Organizing performances by persons who have been banned by the state management agency in charge of culture and information from giving performances;
c/ Organizing performances by Vietnamese art troupes or artists without public performance permits or performance acceptance papers though such performances are subject to public performance permit or performance acceptance paper;
d/ Forging public performance permits for organizing performances.
4. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for performing or organizing performance of works with obscene or violence-inciting contents at public places.
5. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the following acts:
a/ Performing, organizing performance of art works subject to performance ban decisions or works with debauching or reactionary contents;
b/ Performing or organizing performance of art works with contents inciting wars of aggression, sowing division among nations and peoples of countries, or inciting criminal acts;
c/ Performing or organizing performance of art works with contents distorting history, negating revolutionary gains, hurting great persons or national heroes.
6. Forms of additional sanction:
a/ Stripping of the right to use public performance permits, for acts specified at Point d, Clause 2 of this Article;
b/ Confiscating material evidences and/or means used in the violations, for acts specified in Clauses 4 and 5 of this Article.
Section 5. ACTS OF VIOLATION IN THE DOMAIN OF PUBLIC CULTURAL ACTIVITIES AND CULTURAL SERVICES, SANCTIONING FORMS AND LEVELS
Article 34.- Violations of regulations on life style
1. Caution or a fine of between VND 200,000 and 500,000 shall be imposed for one of the following acts:
a/ Admitting drunkards in dancing halls, public dancing places or karaoke rooms;
b/ Getting drunk in offices, working places, hotels, restaurants, eateries, dancing halls, public dancing places, karaoke rooms, places of cultural activities or services, on means of transport, and in other public places.
2. A fine of between VND 300,000 and 1,000,000 shall be imposed for one of the following acts:
a/ Conducting superstitious practices such as acting as a medium, fortune telling, necromancy, sortilege, divinatory wands drawing, exorcism, spreading of prophecies and other superstitious practices;
b/ Hoisting the national flags at festive areas not above or more solemnly than other flags;
c/ Taking advantage of beliefs to raise money or other material things.
3. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for restoring bad customs against fine customs and practices of Vietnam.
4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for taking advantage of ceremonies and festivals to carry out activities causing disorder and insecurity, spreading illegal propaganda or sowing division among the nation.
5. Forms of additional sanction:
a/ Confiscating material evidences and means used in the violations, for acts specified at Point a, Clause 2 of this Article;
b/ Confiscating into public funds illicitly raised money, for acts specified at Points a and c, Clause 2 of this Article.
6. Remedy:
Forced hoisting of the national flags above and more solemnly than other flags, for acts specified at Point b, Clause 2 of this Article.
Article 35.- Violations of regulations on conditions for organizing public cultural activities or cultural services
1. A fine of between VND 300,000 and 1,000,000 shall be imposed for one of the following acts:
a/ Using sounds in excess of the permitted maximum noise limit to attract attention to games or services organized at festivals;
b/ Admitting under-18 persons to dance at dancing business places.
2. A fine of between VND 500,000 and 2,000,000 shall be imposed for one of the following acts:
a/ Doing business in electronic games at places located less than 200 m away from a school or after 23:00 hrs until 06:00 hrs;
b/ Failing to ensure sufficient lighting as prescribed for dancing halls, public dancing places and karaoke rooms;
c/ Employing laborers at dancing halls or karaoke bars without labor contracts as prescribed;
d/ Issuing tickets in excess of the number of seats, beyond the accommodating capacity or in excess of the number permitted by a competent agency at places where public cultural activities are organized or cultural services are provided.
3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the following acts:
a/ Failing to ensure the prescribed areas of dancing halls, public dancing places or karaoke rooms after being licensed to operate;
b/ Covering all the doors and windows or otherwise to prevent viewing the whole karaoke rooms from the outside;
c/ Switching off the lights in dancing halls, public dancing places or karaoke rooms when they are in use; locking the doors of karaoke rooms when they are in use;
d/ Organizing art performances, dancing hall, film screening or karaoke activities which cause noise beyond the prescribed limit.
e/ Employing under-18 persons at dancing halls or karaoke bars.
4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for installing alarming devices at karaoke bars to cope with inspection activities of competent state agencies
5. Forms of additional sanction:
a/ Stripping of the right to use permits indefinitely, for acts specified in Clause 4 and for relapse into acts specified at Point b, Clause 2 of this Article.
b/ Confiscating material evidences in the violations, for acts specified in Clause 4 of this Article.
Article 36.- Violations of regulations on operation permits
1. A fine of between VND 500,000 and 2,000,000 shall be imposed for one of the following acts:
a/ Using loudspeakers or other sounds for advertisement or agitation at public places without permit or not according to the contents of the permits;
b/ Organizing a festival which is required to be reported in writing to a competent state agency without reporting it or organizing such festival even though the reported competent state agency disagrees with the organization of such festival.
2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the following acts:
a/ Hotels or accommodation establishments of one-star or higher grade doing karaoke business without ensuring requirements on karaoke room doors and space;
b/ Hotels or accommodation establishments of one-star or higher grade doing karaoke business without notifying in writing the local Culture and Information Services thereof.
3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a/ Conducting business in dancing halls or karaoke bars not according to the contents and within the business scope stated in the permits or not according to the provisions of law;
b/ Transferring permits to other organizations or individuals or using the permits of other organizations or individuals for doing business in dancing halls, karaoke bars, beauty contests or fashion shows;
c/ Organizing electronic and other games for business purposes which have reactionary, debauching, obscene, violence-inciting or gambling contents;
d/ Organizing beauty contests or fashion shows not in accordance with the permitted contents.
e/ Restaurants or bars organizing dancing for customers though they have no dancing activity permits.
4. A fine of between VND 5,000,000 and 15,000,000 shall be imposed for one of the following acts:
a/ Conducting karaoke business without permit;
b/ Organizing beauty contests or fashion shows without permit;
c/ Organizing festivals which are subject to permission without permit.
5. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for conducting dancing activity business without permit.
6. Forms of additional sanctions:
a/ Stripping of the right to use permits indefinitely, for acts specified at Points a, b and d, Clause 3 of this Article;
b/ Confiscating material evidences and means used in the violations, for acts specified at Point a, Clause 1; Point c, Clause 3; Point a, Clause 4, and in Clause 5 of this Article.
Article 37.- Violations of regulations on production and circulation of electronic game tapes and discs
1. A fine of between VND 1,500,000 and 3,000,000 shall be imposed for organizing electronic games, selling or renting electronic game tapes or discs with obscene, violence-inciting or other harmful contents.
2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for organizing electronic games or circulating electronic game tapes or discs with contents banned from circulation at public dancing places, karaoke bars or other places of public cultural activities or services.
3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a/ Producing or duplicating electronic game tapes or discs with banned contents;
b/ Producing or importing machines, tapes or discs of electronic games with banned contents;
c/ Selling or renting tapes or discs of electronic games with debauching contents.
4. Forms of additional sanction:
a/ Confiscating material evidences in the violations, for acts specified in Clauses 1, 2 and 3 of this Article;
b/ Confiscating means used in the violations, for acts specified at Points a and b, Clause 3 of this Article.
Article 38.- Violations of prohibitions on public cultural activities and cultural services
1. A fine of between VND 500,000 and 1,500,000 shall be imposed for one of the following acts:
a/ Organizing games with horrifying or violence-inciting contents at public places;
b/ Drinking alcohol in karaoke rooms;
c/ Conducting electronic game business beyond the permitted hours.
2. A fine of between VND 2,000,000 and 4,000,000 shall be imposed for one of the following acts:
a/ Selling alcohol in karaoke rooms;
b/ Employing 2 or 3 karaoke attendants in a karaoke room;
c/ Selling pictures and photos with debauching, obscene or violence-inciting contents.
3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:
a/ Putting up, displaying paintings, pictures, calendars or other objects with debauching, obscene, violence-inciting contents at dancing halls, public dancing places, karaoke bars or other places of cultural activities and cultural services;
b/ Circulating at dancing halls, public dancing places or karaoke bars films, tapes or discs with music or theatrical contents or performing theatrical works, music pieces or dances not yet permitted for circulation;
c/ Employing 4 or 5 karaoke attendants in a karaoke room;
d/ Carrying out karaoke, film screening, art performance or fashion show activities beyond the permitted hours;
e/ Spreading in mobile telephone networks information and images with harmful contents.
4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a/ Employing obscene modes of service at dancing halls, public dancing places, karaoke bars, or other places of cultural activities or services;
b/ Leasing or lending places for use as dancing halls, public dancing places, karaoke bars or for other cultural activities or cultural services and, though knowing that the leased or lent places are used for prostitution, drug abuse, gambling or other social vices, failing to take measures to prevent or report them;
c/ Employing 6 or more karaoke attendants in a karaoke room;
d/ Operating dancing halls beyond the permitted hours.
5. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:
a/ Conniving in or covering up debauching, obscene or violence-inciting activities, prostitution, drug abuse, gambling or betting with prizes in cash or in kind at dancing halls, public dancing places, karaoke bars or other public places of cultural activities or services;
b/ Circulating music or theatrical tapes or discs subject to circulation ban, withdrawal, confiscation decisions or with debauching, obscene or violence-inciting contents at dancing halls, public dancing places, karaoke bars or other public places of cultural activities or services.
6. A fine of between VND 15,000,000 and 30,000,000 shall be imposed for circulating films subject to circulation ban, withdrawal, confiscation decisions or with debauching, obscene and/or violence-inciting contents at dancing halls, public dancing places, karaoke bars or other public places of cultural activities or services.
7. A fine of VND 30,000,000 shall be imposed for organizing striptease dances or other debauching activities at dancing halls or public dancing places.
8. Forms of additional sanction:
a/ Stripping of the right to use permits indefinitely, for acts specified in Clauses 4, 5, 6 and 7 and for relapse into acts specified in Clauses 2 and 3 of this Article;
b/ Confiscating material evidences in the violations, for acts specified at Points a and b, Clause 1; Points a and c, Clause 2; Points a, b and e, Clause 3; and in Clauses 5 and 6 of this Article.
Article 39.- Violations of prohibitions on cultural activities and cultural services at accommodation establishments and restaurants
1. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for putting up, displaying paintings or pictures with debauching, obscene, violence-inciting contents at accommodation establishments or restaurants.
2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for using obscene modes of service at accommodation establishments or restaurants.
3. Form of additional sanction:
Confiscating material evidences in the violations, for acts specified in Clause 1 of this Article.
Article 40.- Violations of regulations on producing and burning paper votive objects
1. A fine of between VND 300,000 and 500,000 shall be imposed for burning paper votive objects at festival places, historical or cultural relic areas.
2. A fine of between VND 1,500,000 and 3,000,000 shall be imposed for illegally producing paper votive objects; propagating superstition for selling paper votive objects.
3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for producing paper votive objects under contracts for foreign partners without permission of a competent state agency, or producing paper votive objects under contracts for foreign partners but selling them in the country.
4. Form of additional sanction:
Confiscating material evidences in the violations, for acts specified in Clauses 2 and 3 of this Article.
Article 41.- Violations of regulations on music and dancing teaching at non-public music and dancing teaching establishments
1. A fine of between VND 500,000 and 1,000,000 shall be imposed for teaching music or dancing without registration though such teaching is subject to registration with local Culture and Information Services.
2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for organizing music or dancing teaching or employing music or dancing teachers without meeting all prescribed conditions.
3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for teaching music or dancing with banned contents.
Section 6. ACTS OF VIOLATION IN THE DOMAINS OF FINE ARTS, CULTURAL AND ART EXHIBITION AND PHOTOGRAPHY; SANCTIONING FORMS AND LEVELS
Article 42.- Violations of regulations on operation permits, operation registration
1. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for organizing cultural or art exhibitions without registration though such exhibitions are subject to registration with a competent state agency or without complying with the registered contents.
2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a/ Constructing monuments or grandiose murals without permission;
b/ Organizing cultural or art exhibitions without permit though such exhibitions are subject to permission or without complying with the permitted contents;
c/ Organizing cultural or art exhibitions with banned contents or though such exhibitions are not permitted by a competent state agency;
d/ Owners of exhibition venues allowing the organization of cultural and exhibitions by organizations or individuals that have no exhibition registration paper or exhibition permit granted by a competent state agency.
3. Form of additional sanction:
Confiscating material evidences in the violations, for acts specified at Point c, Clause 2 of this Article.
4. Remedy:
a/ Forced dismantlement of illegally constructed works, for acts specified at Point a, Clause 2 of this Article;
b/ Forced removal of exhibitions specified at Point c, Clause 2 of this Article.
Article 43.- Violations of prohibitions in the domains of fine arts, cultural and exhibitions and photography
1. A fine of between VND 500,000 and 1,000,000 shall be imposed for one of the following acts:
a/ Taking photos in areas with no-camera signboards;
b/ Inserting photos, thus causing bad consequences to other persons’ relations or hurting individuals, families, agencies or organizations.
2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the following acts:
a/ Duplicating Ho Chi Minh President’s statues for business purposes though such statues have not yet been appraised and permitted by a competent state agency;
b/ Producing and trading in President Ho Chi Minh’s statues without ensuring proper appreciation and honor of the leader.
3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for creating fine-art or photographic works, translating books or newspaper articles with harmful contents for dissemination or stockpiling for dissemination purposes.
4. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for exhibiting publications, fine-art or photographic works or other cultural and art works not yet permitted for dissemination.
5. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the following acts:
a/ Constructing monuments or grandiose murals with contents inciting violence, wars of aggression, sowing hatred among nations and peoples of countries, or expressing reactionary ideology or culture, obscene or debauching lifestyle or criminal acts;
b/ Constructing monuments or grandiose murals with contents distorting history, negating revolutionary gains or hurting great men or national heroes;
c/ Constructing monuments or grandiose murals with harmful contents other than those defined at Points a and b of this Clause.
6. Forms of additional sanction:
a/ Confiscating material evidences in the violations, for acts specified in Clause 1; at Point a, Clause 2; and in Clauses 3 and 4 of this Article;
b/ Confiscating means used in the violations, for acts specified in Clause 1 of this Article.
7. Remedy:
Forcible dismantlement of constructed works, for acts specified in Clause 5 of this Article.
Section 7. ACTS OF VIOLATION IN THE DOMAIN OF COPYRIGHT OF LITERARY AND ART WORKS AND RELATED RIGHTS, SANCTIONING FORMS AND LEVELS
Article 44.- Violations of regulations on copying, duplication, publishing, re-publishing, and dubbing of works, products and programs
1. Caution or a fine of between VND 200,000 and 500,000 shall be imposed for dubbing music or theatrical tapes and discs for business purposes without the written consent of copyright owners.
2. A fine of between VND 1,500,000 and 3,000,000 shall be imposed for one of the following acts:
a/ Duplicating, copying, dubbing for duplication musical or theatrical tapes and discs for business purposes without the written consent of their copyright owners;
b/ Copying plastic art works for non-business purposes without the consent of their copyright owners;
c/ Connecting cable television without contract with copyright owners.
3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for copying applied plastic art or fine-art works for business purposes without the written consent of their owners.
4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a/ Duplicating broadcast television and radio programs for dissemination for business purposes without the written consent of the program owners;
b/ Copying or duplicating or mixing for copying or duplicating film tapes or discs for business purposes without the written consent of the work owners;
c/ Trading in illicitly copied software.
5. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:
a/ Copying, duplicating, publishing or republishing written works for business purposes without the written consent of their owners;
b/ Copying computer software without the written consent of their owners;
c/ Copying architectural works without the written consent of their owners.
6. A fine of between VND 50,000,000 and 70,000,000 shall be imposed for copying or duplicating films for business purposes without the written consent of their owners.
7. Forms of additional sanction:
a/ Confiscating material evidences in the violations, for acts specified in Clauses 1, 2, 3, 4, 5 and 6 of this Article;
b/ Confiscating means used in the violations, for acts specified at Point a, Clause 2; in Clause 4; at Point b, Clause 5; and in Clause 6 of this Article.
Article 45.- Violations of regulations on the right to have one’s name shown on or to name one’s work, protection of works’ integrity, modification, quotation, addition or cutting, translation, compilation, adaptation, transformation, selection, collection or annotation of works
1. Caution or a fine of between VND 200,000 and 500,000 shall be imposed for one of the following acts:
a/ Quoting other persons’ works and including them in one’s own works without citing the authors’ names and source of works.
b/ Quoting works but distorting the authors’ intention.
2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for translating, compiling, adapting, transforming, selecting, collecting or annotating works without the written consent of the owners of the original works.
3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a/ Assuming another’s name or changing the title of a work for duplication for business purposes;
b/ Adding, cutting or altering the contents of literary or art works without the consent of their authors.
4. Form of additional sanction:
Confiscating material evidences in the violations, for acts specified in Clauses 2 and 3 of this Article.
Article 46.- Violations of regulations on publicization, dissemination or p