Nghị định 31/2001/ND-CP

Decree of Government No. 31/2001/ND-CP, on sanctioning administrative violations in the culture- information field.

Decree of Government No. 31/2001/ND-CP, on sanctioning administrative violations in the culture- information field. đã được thay thế bởi Decree of Government No. 56/2006/ND-CP, on sanctioning administrative violations in cultural and information activities và được áp dụng kể từ ngày 01/07/2006.

Nội dung toàn văn Decree of Government No. 31/2001/ND-CP, on sanctioning administrative violations in the culture- information field.


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 31/2001/ND-CP

Hanoi, June 26, 2001

 

DECREE

ON SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE CULTURE- INFORMATION FIELD

THE GOVERNMENT

Pursuant to the September 30,1990 Law on Organization of the Government;
Pursuant to the December 28, 1989 Press Law and the June 12, 1999 Law Amending and Supplementing a Number of Articles of the Press Law;
Pursuant to the July 7, 1993 Law on Publication;
Pursuant to the October 28, 1995 Civil Code;
Pursuant to the July 6, 1995 Ordinance on Handling of Administrative Violations;
In order to uniformly effect the sanctioning of administrative violations in the culture-information field;
At the proposal of the Minister of Culture and Information,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

1. The administrative violations in the culture-information field mean individuals or organizations acts of intentionally or unintentionally violating the State management regulations in the culture-information field, 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. The administrative violations in the culture-information field prescribed in this Decree include acts of violating the regulations on State management in the activities of press (including printed press, audio press, visual press, electronic press); publication (including publication, printing, distribution of publications); cinematography; forms of show business; cultural activities and cultural services at public places; fine arts, exhibition, photography; copyright; advertisement, writing, placing of signboards; conservation and museum; library; export and import of cultural products; publicization and dissemination of works overseas.

3. For administrative violations in the press, publishing, cinematographic activities, the export of cultural products with contents disclosing State secrets, the provisions at Points c, e and j of Clause 1, Article 27 of Decree No.49/CP of August 15, 1996 of the Government on sanctions against administrative violations in the field of security and order shall apply.

Article 2.- Regulation objects

1. Vietnamese individuals and organizations committing acts of administrative violation in the culture-information field shall all be sanctioned according to the provisions of this Decree and other law provisions related to the sanctioning of administrative violations.

2. Foreign individuals and organizations committing acts of administrative violation in the culture- information field on the Vietnamese territory shall be sanctioned like Vietnamese individuals and organizations, except otherwise provided for by international treaties which Vietnam has signed or acceded to.

3. Minors committing acts of administrative violation in the culture-information field shall be sanctioned under the provisions at Point a, Clause 1, Articles 5 and 6 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 cinematographic activities; various forms of art performance; cultural activities and cultural services at public places; fine arts, exhibition, photography; copyright; advertisement, writing, placing signboards; conservation and museum; library, shall be one year counting from the date the administrative violation is committed.

2. The statute of limitation for sanctioning administrative violations in publishing activities, press publication, export and import of cultural products, shall be two years counting from the date the administrative violation is committed. Past the above-mentioned time limit, no sanction shall be imposed but other measures prescribed at Points a, b and d of Clause 3, Article 11 of the Ordinance on Handling of Administrative Violations may apply.

3. Individuals sued, prosecuted or, by decisions, brought to trial according to the penal procedures, but later getting decisions to suspend the investigation or suspend the cases, shall be administratively sanctioned if their acts show signs of administrative violation; the statute of limitations for administrative sanction shall be three months counting from the date the suspension decision is issued.

4. Within the time limits prescribed in Clauses 1, 2 and 3 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, 2 and 3 of this Article shall not apply. The statute of limitations for sanctioning administrative violations shall be recalculated as 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 violation acts prescribed by law. Upon detecting acts of administrative violation, the persons with sanctioning competence shall have to order the immediate stop of violation acts. The sanctioning must be carried out in a prompt, just and 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 violation act; for many persons committing an act of administrative violation, each of the violators shall be sanctioned.

3. The sanctioning of administrative violations must be based on the nature and seriousness of the violations, the personal identification of the violators and the extenuating as well as aggravating circumstances so that forms of principal sanction, additional sanction and measures prescribed in this Decree shall be decided on.

4. Persons competent to sanction administrative violations in the culture-information field must sanction them strictly according to their competence; for violations which go beyond their sanctioning competence and violations which show criminal signs, the agencies and/or persons receiving and processing them shall have to make the records thereon, then transfer the records as well as other relevant documents and material evidences and violation means 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, legitimate defense, unexpected events or administrative violations committed while suffering from mental disease or other ailments which have deprived the violators of their capability to cognize or control their acts.

6. It is strictly forbidden to retain cases of law offense showing criminal signs for administrative sanction.

Article 5.- Application of principal sanctioning forms and other measures

1. When sanctioning administrative violations in the culture-information field, the persons with sanctioning competence may only apply sanctioning forms and measures prescribed for such acts according to the provisions of law.

2. When applying the form of pecuniary penalty, 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 must 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 must not exceed the maximum level of the fine bracket.

The extenuating and aggravating circumstances shall comply with the provisions of Articles 7 and 8 of the Ordinance on Handling of Administrative Violations.

3. Additional sanctioning forms and other measures prescribed in this Decree may only be applied together with the principal sanctioning forms in order to absolutely handle violations, do away with the causes and conditions for recidivism and overcome all consequences caused by the administrative violations.

4. The compensation for damage caused by administrative violations in the culture-information field shall comply with the provisions of Article 17 of the Ordinance on Handling of Administrative Violations.

Chapter II

ACTS OF ADMINISTRATIVE VIOLATION IN THE CULTURE- INFORMATION FIELD, SANCTIONING FORMS AND LEVELS

Section 1. ACTS OF VIOLATION IN THE FIELD OF PRESS, SANCTIONING FORMS
AND LEVELS

Article 6.- Violating the regulations on permits for press activities

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

a) Modifying, erasing permits for press activities;

b) Failing to abide by the provisions inscribed in the permits for press activities.

2. A fine of between VND 10,000,000 and 50,000,000 shall be imposed for one of the following acts:

a) Assigning press activity permits in any form;

b) Agencies and organizations conducting press publishing activities without permits.

3. Forms of additional sanction:

a) Stripping of the right to use press activity permits for up to three months, for violation acts prescribed in Clause 1 of this Article;

b) Withdrawing press activity permits for acts of violation prescribed at Point a, Clause 2, or recidivism in Clause 1 of this Article.

Article 7.- Violating the regulations on press layouts

1. Warning or a fine of between VND 300,000 and 3,000,000 shall be imposed for one of the following acts:

a) Failing to inscribe fully or correctly the regulations on press layouts;

b) Presenting the cover pages of newspapers, the cover pages of magazines incompatibly with the press contents;

c) Making illustrations incompatible with the contents of papers, thus making readers misunderstand the contents of matters raised by the press.

2. Forms of additional sanction:

The confiscation of press publications shall apply to acts of violation prescribed at Points b and c of Clause 1, this Article, when serious consequences are caused.

Article 8.- Violating the regulations on press correction

1. Warning or a fine of between VND 500,000 and 1,500,000 shall be imposed for one of the following acts:

a) Making corrections not in accordance with the regulations on position, space, time volume, letter sizes;

b) Failing to abide by the regulations on carrying speeches of organizations and/or individuals relating to press works.

2. A fine of between VND 1,500,000 and 5,000,000 shall be imposed for acts of violating the regulations on the time for correction.

3. Forms of additional sanction:

Forced compensation for damage caused by acts of violating the regulations on correction. If the compensation level exceeds VND 1,000,000, the cases shall be settled according to the civil procedures.

Article 9.- Violating the regulations on things not to be informed on the press

1. A fine of between VND 500,000 and 1,500,000 shall be imposed for one of the following acts:

a) Disclosing personal secrets without the consents of the concerned persons or their relatives, except otherwise provided for by law;

b) Making public individuals private mails without the consents of the mail writers, the mail receivers or the lawful owners of such mails;

c) Providing false information, thus causing adverse impacts.

2. A fine of between VND 10,000,000 and 30,000,000 shall be imposed for one of the following acts:

a) Describing in detail obscene actions, horrible killings in news reports, articles, photos;

b) Carrying, transmitting lustful pictures, nude pictures, non-aesthetic naked pictures, unsuitable to the fine traditions and customs of Vietnam;

c) Propagating for bad customs and practices, superstitions;

d) Providing untruthful information, thus causing serious effects on an organization or individual.

3. A fine of between VND 30,000,000 and 70,000,000 shall be imposed for one of the following acts:

a) Violating Clause 4, Article 10 of the Press Law but not seriously enough for penal liability examination;

b) Distorting history, negating the revolutionary gains or offending great public figures or national heroes but not to the extent of being examined for penal liability.

c) Providing untruthful information, thus causing serious impacts on society but not to the extent of being examined for penal liability.

4. A fine of VND 30,000,000 and 70,000,000 and confiscation of material evidences as well as violation means, for one of the following acts:

a) Violating Clauses 1, 2 and 3 of Article 10 of the Press Law but not to the extent of being examined for penal liability;

b) Re-publishing or broadcasting press works which, by order, have already been banned from circulation or confiscated.

5. Forms of additional sanction:

a) Confiscation of publications, material evidences and means of violations, for acts prescribed in Clauses 2, 3 and 4 of this Article if serious consequences are entailed;

b) Individuals and organizations that violate the provisions of this Article, if causing damage, shall also be subject to measure of forced compensations for damage according to the provisions of law.

Article 10.- Violating the regulations on providing information for press

A fine of between VND 500,000 and 2,000,000 shall be imposed for acts of violating the regulations on organizations and citizens right to provide information to the press as provided for at Clause 2, Article 4, and Article 7 of the Press Law, but not to the extent of being examined for penal liability.

Article 11.- Violating the regulations on the use of press cards, intimidating, threatening the lives or infringing upon the honor and dignity of, journalists, obstructing them from their lawful professional activities

1. Warning or a fine of between VND 200,000 and 1,000,000 shall be imposed for one of the following acts:

a) Using other persons press cards or lending press cards to other persons for activities;

b) Using press cards not in accordance with the assigned tasks.

2. A fine of between VND 1,000,000 and 5,000,000 for one of the following acts:

a) Intimidating, threatening the lives or infringing upon the honor and dignity of, journalists, obstructing journalists from their lawful professional activities, but not to the extent of being examined for penal liability;

b) Taking advantage of journalists capacity to illegally intervene in or obstruct the activities of agencies and/or organizations, but not to the extent of being examined for penal liability.

3. Forms of additional sanction:

a) Paying compensation for damage caused to journalists, which have been settled through civil proceedings when violating Point a, Clause 2 of this Article, if the compensation level exceeds VND1,000,000.

b) Stripping of the right to use press cards for one to two years, for acts of violating Clause 1 and Point b, Clause 2 of this Article.

Article 12.- Violating the regulations on press meetings

1. A fine of between VND 1,500,000 and 5,000,000 for one of the following acts:

a) Holding press meetings without advance notices or with notices made not in accordance with regulations to the State management bodies in charge of the press;

b) Holding press meetings with contents in violation of the provisions in Clause 4, Article 10 of the Press Law, but to the extent of being examined for penal liability.

2. A fine of between VND 10,000,000 and 30,000,000 shall be imposed for one of the following acts:

a) Holding press meetings without the approval of the State management bodies or in spite of already issued suspension orders;

b) Holding press meetings with contents violating the provisions in Clauses 1, 2 and 3 of Article 10 of the Press Law, but not to the extent of being examined for penal liability.

Article 13.- Violating the regulations on deposit of press copyright

1. A fine of between VND 500,000 and 2,000,000 shall be imposed for acts of violation concerning the time and quantity of press copyright deposit.

2. A fine of between VND 3,000,000 and 5,000,000 for acts of failing to pay press copyright deposits.

3. Forms of additional sanction:

Stripping of the right to use publishing permits for one to three press issues for acts of violating Clause 2 of this Article.

Article 14.- Violating the regulations on advertisement on press

1. A fine of between VND 2,000,000 and 10,000,000 for acts of violation concerning the position, proportion ( according to the number of pages, the broadcasting time volume) and advertising supplements.

2. A fine of between VND 5,000,000 and 20,000,000 for acts of making advertisement with contents in violation of Article 10 of the Press Law, advertising products of categories banned from advertisement and violating other law provisions on advertisement, but not to the extent of being examined for penal liability.

3. Forms of additional sanction:

Confiscation of press publications, for acts of violating the provisions of Clause 2 of this Article.

Article 15.- Violating the regulations on press distribution, destroying means for press activities

1. A fine of between VND 1,500,000 and 5,000,000 for one of the following acts:

a) Distributing press not according to the regulations inscribed in the permits for press activities;

b) Papers printed without prices inscribed thereon or sold at prices higher than those already inscribed on the papers;

c) Using illegally recorded or dubbed tapes for advertisement for the sale of papers;

d) Paper distributing agents operating without making business registration;

e) Obstructing lawful press activities;

f) Destroying journalists means for press activities.

2. A fine of between VND 1,000,000 and 5,000,000 for acts of directly receiving information through satellites or computer networks for re-provision of information by radio stations, television stations, Internet establishments, Intranets of Vietnamese organizations, foreign organizations residing in Vietnam without permits issued by the Ministry of Culture and Information.

3. A fine of between VND 3,000,000 and 10,000,000 for one of the following acts:

a) Distributing press publications without permits, but not to the extent of being examined for penal liability;

b) Distributing press publications which are not allowed to be circulated or have, by order, been banned from circulation, but not to the extent of being examined for penal liability.

4. Forms of additional sanction:

Confiscation of press publications, material evidences and violation means, for acts of violating Clause 3 of this Article.

Article 16.- Violating the regulations on installation and use of equipment to receive foreign television programs

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

a) Failing to abide by the contents inscribed in the permits for installation and use of equipment for reception of foreign television programs (TVRO);

b) Modifying, erasing permits for installation and use of TVRO equipment;

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

a) Assigning permits to other organizations and/or individuals or using other organizations and/or individuals permits to install and use equipment for reception of foreign television programs (TVRO);

b) Installing and using TVRO equipment without permits;

c) Letting other people to use TVRO equipment.

3. Forms of additional sanction and other measures:

Confiscation or forced dismantlement of TVRO equipment, for acts of violating Clause 2 of this Article.

Section 2. ACTS OF VIOLATION IN THE PUBLISHING FIELD, SANCTIONING FORMS AND LEVELS

Article 17.- Violating the regulations on presentation and illustration of publications

1. Warning or a fine of between VND 300,000 and 3,000,000 for one of the following acts:

a) Failing to inscribe fully or correctly the provisions on presentation of publications;

b) Presenting the cover pages of publications incompatibly with the contents thereof;

c) Making illustrations incompatible with the contents of publications.

2. Forms of additional sanction and other measures:

a) Confiscation of material evidences, for acts of law violation prescribed at Point b, Clause 1 of this Article, if causing serious consequences;

b) Forced compensation for damage according to law provisions, for acts prescribed at Point b, Clause 1 of this Article, if such acts cause damage to other organizations and/or individuals.

Article 18.- Violating the regulations on stockpile and distribution of publications

1. A fine of between VND 1,500,000 and 5,000,000 shall be imposed for one of the following acts:

a) Obstructing the lawful distribution of publications;

b) Selling assorted books, newspapers, paintings, pictures, calendars or leasing assorted books, newspapers without publishing permits or written approval of publishing plan, import permits;

c) Selling or leasing publications with their contents being substituted;

d) Illegally stockpiling publications, illegally copying publications with between 50 to 200 copies.

2. A fine of between VND 3,000,000 and 10,000,000 for one of the following acts:

a) Selling publications of non-business or internal circulation categories;

b) Illegally stockpiling publications, illegally copying publications with more than 200 copies.

3. A fine of between VND 10,000,000 and 30,000,000 for one of the following acts:

a) Issuing or stockpiling for the purpose of circulation publications of the categories banned from circulation or subject to decisions on recovery or confiscation thereof;

b) Selling books, newspapers, paintings, pictures and calendars or selling books and newspapers, which, by decisions, must be recovered, confiscated or banned from circulation;

c) Selling books, newspapers, paintings, pictures and calendars or leasing books and newspapers with contents propagating the debauching, obscene lifestyles, or inciting violence, but not to the extent of being examined for penal liability.

4. Forms of additional sanction:

Confiscation of material evidences, for acts of violating the provisions of Points b, c and d of Clause 1, Point b of Clause 2 and Clause 3 of this Article.

Article 19.- Violating the regulations on use of permits for publishing activities

1. A fine of between VND 1,500,000 and 5,000,000 for one of the following acts:

a) Trading in books, newspapers, paintings, pictures and calendars or leasing books and newspapers without business registration;

b) Conducting publishing activities not at the right places prescribed in the permits.

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

a) Failing to abide by the contents inscribed in the publishing permits or the publishing plan- approving papers;

b) Assigning publishing plan-approving papers or publishing permits in any forms;

c) Modifying, erasing publishing plan-approving papers or publishing permits.

3. A fine of between VND 10,000,000 and 30,000,000 for one of the following acts:

a) Publishing books, newspapers, publications without operation permits;

b) Conducting publishing activities without operation permits.

4. Forms of additional sanction:

a) Stripping of the right to use permits for publishing activities, for acts prescribed at Point b, Clause 1 of this Article;

b) Stripping of the right to use permits, for acts prescribed at Points b and c, Clause 2 of this Article;

c) Confiscating material evidences, violation means, for acts prescribed at Point b, Clause 3 or for repetition of acts prescribed at Point a, Clause 3 of this Article.

Article 20.- Violating the regulations on ban on contents of publications

1. A fine of between VND 500,000 and 1,500,000 shall be imposed on authors whose published works contain contents infringing upon the honor or disclosing personal secrets of individuals without the consents of such persons or their relatives, except otherwise provided for by law.

2. A fine of between VND 1,500,000 and 5,000,000 shall be imposed on publishing houses and licensed organizations, which publish publications with contents infringing upon the honor or disclosing personal secrets of individuals without the consents of such persons or their relatives, except otherwise provided for by law.

3. A fine of between VND 10,000,000 and 30,000,000 shall be imposed on authors with published works, on publishing houses or licensed organizations, which publish publications with contents showing the debauching, obscene lifestyle, social vices, supertition, which affect fine customs and practices; carrying inaccurate information with a view to harming the prestige of organizations, but not to the extent of being examined for penal liability.

4. A fine of between VND 30,000,000 and 50,000,000 for one of the following acts:

a) Publishing works by authors or publications by licensed publishing houses or organizations, whose contents violate the provisions in Clause 1, Article 22 of the Publication Law, but not to the extent of being examined for penal liability;

b) Publishing works by authors or publications by publishing houses or licensed organizations, whose contents incite violence, describe crimes, propagate aggressive wars, cause split among nations and peoples of countries, propagate reactionary ideas and culture, but not to the extent of being examined for penal liability;

c) Publishing works by authors or publications by publishing houses or licensed organizations, whose contents distort history, negate revolutionary gains, hurt great public figures or national heroes, but not to the extent of being examined for penal liability.

5. Forms of additional sanction:

Confiscation of material evidences, for acts prescribed in Clauses 3 and 4 of this Article.

6. Apart from sanctioning forms prescribed in this Article, the violating individuals and organizations shall also be subject to the measure of forced compensation for damage according to the provisions of law.

Article 21.- Violating the regulations on printing activities

1. A fine of between VND 1,500,000 and 5,000,000 for acts of practicing stalactite pressing, mimeographic printing, photocopy, computer printing, manual silk-screen printing, engraved wood printing, binding and shearing, trading in printing supplies, manufacturing printing materials, teaching printing or duplicating without business registration certificates or with modified business registration certificates or doing business not at the registered addresses.

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

a) Failing to abide by the contents inscribed in the permits for printing activities;

b) Assigning the printing permits in any form;

c) Modifying, erasing printing permits;

d) Printing publications in excess of the volume inscribed in the permits or the printing contracts with a quantity of 50 copies or more;

e) Printing or duplicating establishments, when detecting that the contents of matters ordered for printing violate Article 22 of the Publication Law but failing to promptly report them to the State management bodies in charge of publication.

3. A fine of between VND 10,000,000 and 30,000,000 for one of the following acts:

a) Printing, duplicating publications without publishing permits or publishing plan- approving papers;

b) Printing publications not according to the prescribed procedures, without signing contracts with the party placing the printing order;

c) Conducting internal printing activities without permits by printing or duplicating establishments of State bodies, economic organizations or social organizations (other than State-run printing enterprises);

d) Photocopying establishments duplicating press works, publications, which are banned from circulation.

4. A fine of between VND 30,000,000 and 50,000,000 for one of the following acts:

a) Printing, duplicating press works or publications, which, by decisions, must be recovered, confiscated, banned from circulation or destroyed, or which contain debauching, obscene, violence contents, but not to the extent of penal liability examination;

b) Printing, duplicating establishments conducting business activities without business registration certificates (except for cases prescribed at Clause 1 of this Article).

5. Forms of additional sanction:

a) Stripping of the right to use permits, for acts prescribed at Clause 1, Points b and c of Clause 2 of this Article;

b) Stripping of the right to use permits, for acts prescribed at Point a, Clause 4, for repetion of acts prescribed at Point a, Clause 3 of this Article;

c) Confiscation of material evidences for acts prescribed at Points a and d, Clause 4 of this Article.

Article 22.- Violating the regulations on publication copyright deposit

1. Warning or a fine of between VND 200,000 and 1,000,000 for acts of failing to fully pay publication copyright deposits according to the prescribed quantity.

2. A fine of between VND 1,000,000 and 5,000,000 for acts failing to pay publication copyright deposit as prescribed.

3. Apart from the sanctioning forms prescribed in Clauses 1 and 2 of this Article, the violating organizations and individuals shall also be forced to fully pay the publication copyright deposits according to regulations.

Section 3. ACTS OF VIOLATION IN CINEMATOGRAPHIC FIELD, SANCTIONING FORMS AND LEVELS

Article 23.- Violating the regulations on production of films, video tapes, video discs

1. A fine of between VND 1,000,000 and 3,000,000 for activities of video mail service provision without business registration certificates.

2. A fine of between VND 5,000,000 and 15,000,000 for one of the following acts:

a) Shooting film in areas banned from film shooting or with banned contents prescribed in Clause 3, Article 2 of Decree No.48/CP of July 17, 1995 of the Government on cinematographic organization and operation.

b) Producing films, video tapes, video discs, with contents disclosing secrets of citizens private lives;

c) Failing to abide by the contents inscribed in the permits for film, video tape and/or video disc production;

d) Assigning permits to other individuals or organizations, or using permits of other individuals or organizations for production of films, video tapes and/or video discs;

e) Modifying, erasing permits for film, video tape and/or video disc production.

3. A fine of between VND 10,000,000 and 20,000,000 for one of the following acts:

a) Producing films, video tapes and/or video discs for the purpose of widespread dissemination without permits;

b) Providing film-making services for foreign countries or cooperating in film production with foreign countries not in accordance with the contents prescribed in the permits;

c) Producing films, video tapes and/or video discs with contents of slandering, hurting the prestige of organizations, honor and dignity of individuals, but not to the extent of being examined for penal liability.

4. A fine of between VND 30,000,000 and 50,000,000 for one of the following acts:

a) Producing films, video tapes and/or video discs with debauching, obscene contents, which encourage social vices, criminal acts, supertition, thus affecting the nation’s fine traditions and customs as well as ecological environment, but not to the extent of being examined for penal liability;

b) Providing services or cooperation in film making with foreign country without permits.

5. A fine of between VND 50,000,000 and 70,000,000 for one of the following acts:

a) Producing films, video tapes and/or video discs with contents of opposing the State of the Socialist Republic of Vietnam; undermining the entire population’s unity bloc;

b) Producing films, video tapes and/or video discs with contents inciting violence, propagating aggressive wars, sowing division among nations and peoples of countries, expressing reactionary ideas and culture or criminal acts, but not to the extent of being examined for penal liability;

c) Producing films, video tapes and/or video discs with contents distorting history, negating revolutionary gains, hurting great men or national heroes, but not to the extent of being examined for penal liability;

d) Foreign individuals and organizations producing films in Vietnam without permits.

6. Forms of additional sanction:

a) Stripping of the right to use permits, for acts prescribed at Points d and e of Clause 2, Point b of Clause 3, Point a of Clause 4 and Clause 5 of this Article;

b) Confiscation of material evidences, for acts prescribed in Clauses 1 and 2, Points a and c of Clause 3, Point a of Clause 4 and Clause 5 of this Article;

c) Confiscation of violation means, for acts prescribed at Point a, Clause 2, Point a of Clause 4 and Clause 5 of this Article.

Article 24.- Violating the regulations on printing, duplicating and/or stockpiling films, video tapes and/or video discs

1. A fine of between VND 500,000 and 1,500,000 for acts of illegally stockpiling films, video tapes and/or video discs, which are illegally printed or duplicated with the quantity of between 20 and under 100 copies.

2. A fine of between VND 1,000,000 and 3,000,000 for one of the following acts:

a) Duplicating films, video tapes and/or discs, which have not yet been allowed for circulation, with a quantity of under 20 copies;

b) Illegally storing illicitly-printed or duplicated films, video tapes and/or discs with a quantity of over 100 copies.

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

a) Duplicating films, video tapes and/or video discs, which have not yet been allowed for circulation, with a quantity of between 20 and under 100 copies;

b) Assigning permits for activities of duplicating films, video tapes and/or video discs to other organizations or using permits of other organizations for activities of duplicating films, video tapes and/or video discs;

c) Failing to abide by the contents inscribed in the permits for activities of duplicating films, video tapes and/or video discs;

d) Modifying, erasing permits for activities of duplicating films, video tapes and/or video discs.

4. A fine of between VND 5,000,000 and 15,000,000 for one of the following acts:

a) Duplicating films, video tapes and/or video discs, which have not yet been allowed for circulation, with a quantity of 100 copies or more;

b) Duplicating films, video tapes and/or video discs without permits for duplicating activities;

c) Inserting sounds and/or images advertising for goods items, which are banned from advertisement, into films, video tapes or video discs.

5. A fine of between VND 30,000,000 and 50,000,000 for one of the following acts:

a) Duplicating films, video tapes and/or video discs which, by decisions, must be recovered, confiscated, destroyed or banned from circulation;

b) Duplicating films, video tapes and/or video discs with contents of debauchery and/or obscenity, inciting violence, but not to the extent of being examined for penal liability;

c) Inserting sounds and/or images of debauchery, obscenity, inciting violence into films, video tapes and/or video discs,which have been already permitted for circulation, but not to the extent of being examined for penal liability.

6. Forms of additional sanction:

a) Stripping of the right to use permits, for acts prescribed at Points b, c and d of Clause 3, Clause 5, recidivism at Point a of Clause 4 of this Article;

b) Confiscating material evidences, for acts prescribed in Clauses 1, 2, 3, 4 and 5 of this Article;

c) Confiscating violation means, for acts prescribed at Point a of Clause 3, Clauses 4 and 5, recidivism at Point a, Clause 2 of this Article.

Article 25.- Violating the regulations on releasing of films, video tapes and video discs

1. Warning or a fine of between VND 200,000 and 500,000 for one of the following acts:

a) Buying video tapes and/or video discs without labels or with fake labels with a quantity of between 10 and under 20 copies;

b) Selling or renting films, video tapes and/or video discs not affixed with labels or affixed with fake labels with a quantity of under 20 copies;

c) Selling or renting films, video tapes and/or video discs not at the right places prescribed in the permits;

d) Buying and/or selling video tape and/or video disc labels not yet fully inscribed with headings as prescribed;

e) Buying fake labels of video tapes and/or video discs with a quantity of between 10 and under 50 labels;

f) Erasing, modifying labels affixed on video tapes or video discs.

2. A fine of between VND 500,000 and 1,500,000 for one of the following acts:

a) Selling or renting films, video tapes and/or video discs, which are not yet allowed for circulation;

b) Buying, selling or renting films, video tapes and/or video discs not affixed with labels or affixed with fake labels, with a quantity of between 20 and under 100 copies;

c) Fraudulently substituting contents of already labeled films, video tapes or video discs, for trading;

d) Assigning permits to other organizations or individuals or using permits of other organizations or individuals to sell, lease films, video tapes and/or video discs;

e) Modifying, erasing permits for sale, lease of films, video tapes and/or video discs;

f) Buying fake labels of video tapes or video discs with a quantity of 50 labels or more.

3. A fine of between VND 1,500,000 and 5,000,000 for one of the following acts:

a) Buying films, video tapes and/or video discs not affixed with labels or affixed with fake labels, with a quantity of 100 copies or more;

b) Selling or renting films, video tapes and/or video discs not affixed with labels or affixed with fake labels, with a quantity of between 100 and under 500 copies.

4. A fine of between VND 5,000,000 and 10,000,000 for one of the following acts:

a) Selling or renting films, video tapes and/or video discs without permits issued by agencies performing the State management over culture and information;

b) Assigning permits to other organizations or individuals or using permits of other organizations or individuals for dealing in the distribution of films, video tapes and/or video discs;

c) Distributing films, video tapes and/or video discs without decisions for their circulation;

d) Distributing films, video tapes and/or video discs beyond the permitted scope in the country;

e) Failing to abide by the contents inscribed in the business licenses for distribution of films, video tapes and/or video discs;

f) Modifying, erasing business licenses for distribution of films, video tapes and/or video discs;

g) Selling or renting films, video tapes and/or video discs not affixed with labels or affixed with fake labels, with a quantity of between 500 and under 1,000 copies.

5. A fine of between VND 10,000,000 and 15,000,000 for one of the following acts:

a) Falsifying by making addition to or cut of the contents of cinematographic works already allowed for dissemination;

b) Dealing in the distribution of films, video tapes and/or video discs without business licenses;

c) Producing, stockpiling and/or selling fake labels of video tapes and/or video discs;

d) Selling, renting films, video tapes and/or video discs, which are either unfixed with labels or fixed with fake labels, with a quantity of 1,000 copies or more.

6. A fine of between VND 15,000,000 and 30,000,000 for acts of illegally stockpiling cinematographic works of categories banned from dissemination or subject to decisions on recovery, confiscation and destruction thereof.

7. A fine of between VND 30,000,000 and 50,000,000 for one of the following acts:

a) Selling, renting or distributing films, video tapes and/or video discs, which are subject to decisions on their recovery, confiscation, circulation ban or destruction;

b) Selling, renting or distributing films, video tapes and/or video discs with contents of debauchery, obscene or violence incitement.

8. Forms of additional sanction:

a) Stripping of the right to use permits for up to three months, for acts prescribed at Point c, Clause 1 of this Article;

b) Stripping of the right to use permits for acts prescribed at Points d and e of Clause 2, Points b, e and f of Clause 4, and Clause 7 of this Article;

c) Confiscation of material evidences, for acts prescribed at Points a, b, d, e and f of Clause 1, Points a, b, c, and f of Clause 2, Clause 3, Points c and g of Clause 4, Points a, c and d of Clause 5, Clause 6, Clause 7 of this Article;

d) Confiscation of violation means, for acts prescribed at Point c, Clause 5 of this Article.

Article 26.- Violating the regulations on screening of films, video tapes and/or video discs

1. Warning or a fine of between VND 150,000 and 300,000 for one of the following acts:

a) Causing noises beyond the prescribed limits in screening of films, video tapes and/or video discs;

b) Admitting under-16 children into cinema houses and/or places, where are screened films, video tapes and/or video discs, which are banned from watching by children under 16 years old.

2. Warning or a fine of between VND 200,000 and 500,000 for acts of screening unlabelled films, video tapes and/or video discs at public places.

3. A fine of between VND 500,000 and 1,500,000 for one of the following acts:

a) Screening films, video tapes and/or video discs, which have not yet been allowed for circulation, at public places;

b) Assigning business registration papers to other organizations or individuals or using the business registration papers of other organizations or individuals for doing business in film, video tape and/or video disc screening;

c) Failing to abide by the contents inscribed in the business registration papers for film, video tape and/or video disc screening;

d) Modifying or erasing business registration papers for film, video tape and/or video disc screening.

4. A fine of between VND 1,500,000 and 5,000,000 for acts of screening films, video tapes or video discs for business purposes but without business registration papers.

5. A fine of between VND 30,000,000 and 50,000,000 for one of the following acts:

a) Screening films, video tapes and/or video discs, which must, by decisions, be recovered, confiscated, banned from circulation or destroyed;

b) Screening films, video tapes and/or video discs with debauching, obscene or violence-inciting contents.

6. Forms of additional sanction:

a) Stripping of the right to use permits, for acts prescribed at Points b, c and d of Clause 3, and Clause 5 of this Article;

b) Confiscation of violation means for acts prescribed at Clause 5 of this Article.

c) Confiscation of violation means for acts prescribed at Clause 5 of this Article.

Article 27.- Violating the regulations on copyright deposit, archival of cinematographic works

1. A fine of between VND 3,000,000 and 5,000,000 for acts of paying copyright deposit, archival of cinematographic works not with full prescribed quantity, not according to the prescribed categories.

2. A fine of between VND 5,000,000 and 15,000,000 for acts of failing to pay copyright deposit for and/or to archive, cinematographic works according to regulations.

3. Apart from the sanctioning forms prescribed in Clauses 1 and 2 of this Article, the violating individuals and organizations shall also be forced to pay the copyright deposit for and/or to archive cinematographic works according to law provisions.

Section 4. ACTS OF VIOLATION IN THE FIELD OF ART PERFORMANCE, SANCTIONING FORMS AND LEVELS

Article 28.- Violating the regulations on duplication of music tapes, music discs

1. Warning or a fine of between VND 200,000 and 500,000 for acts of duplicating music tapes and/or music discs not yet permitted for circulation with a quantity of under 20 copies.

2. A fine of between VND 500,000 and 1,500,000 for one of the following acts:

a) Duplicating music tapes and/or music discs, which are yet permitted for circulation, with a quantity of between 20 and under 100 copies;

b) Assigning business registration papers to other organizations or individuals or using business registration papers of other organizations or individuals for duplicating music tapes and/or music discs.

3. A fine of between VND 1,500,000 and 5,000,000 for one of the following acts:

a) Duplicating music tapes and/or music discs, which have not yet been permitted for circulation, with a quantity of between 100 and 300 copies;

b) Duplicating music tapes and/or music discs without duplication licenses.

4. A fine of between VND 5,000,000 and 10,000,000 for act of duplicating music tapes and/or music discs, which have not yet been permitted for circulation, with a quantity of over 300 copies.

5. A fine of between VND 10,000,000 and 30,000,000 for one of the following acts:

a) Duplicating music tapes and/or music discs, which, by decisions, must be banned from circulation, recovered or confiscated;

b) Duplicating music tapes and/or music discs with debauching, obscene and/or violence-inciting contents;

c) Duplicating music tapes and/or discs with reactionary contents.

6. Forms of additional sanction:

a) Stripping of the right to use permits, for acts prescribed in Clauses 4 and 5 of this Article;

b) Confiscation of material evidences, for acts prescribed in Clause 1, Point a of Clause 2, Clause 3, Clause 4 and Clause 5 of this Article;

c) Confiscation of violation means, for acts prescribed in Clauses 3, 4 and 5 of this Article.

Article 29.- Violating the regulations on production of music tapes and/or music discs

1. A fine of between VND 1,500,000 and 5,000,000 for one of the following acts:

a) Producing music tapes and/or music discs not according to the contents and/or locations inscribed in the permits;

b) Modifying, erasing permits for production of music tapes and/or music discs;

c) Inserting sounds and/or images with debauching, obscene and/or violence-inciting contents into music tapes and/or music discs which have already been permitted for circulation, but not to the extent of being examined for penal liability;

d) Assigning permits to other organizations or individuals or using the permits of other organizations or individuals to produce music tapes and/or music discs.

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

a) Producing music tapes and/or music discs with debauching, obscene and/or violence-inciting contents or inserting sounds and/or images with debauching, obscene and/or violence-inciting contents into music tapes and/or music discs which have already been permitted for circulation, but not to the extent of being examined for penal liability;

b) Producing music tapes and/or music discs for business purpose without licenses.

3. A fine of between VND 10,000,000 and 30,000,000 for acts of producing music tapes and/or music discs with reactionary contents or inserting sounds and/or images with reactionary contents into music tapes and/or music discs which have already been permitted for circulation, but not to the extent of being examined for penal liability.

4. Forms of additional sanction:

a) Stripping of the right to use permits, for acts prescribed at Points b, c and d of Clause 1, Point a of Clause 2, Clause 3 of this Article;

b) Confiscation of material evidences, for acts prescribed at Point c of Clause 1, Point a of Clause 2, Clause 3 of this Article;

c) Confiscation of violation means, for acts prescribed at Point c of Clause 1, Clauses 2 and 3 of this Article.

Article 30.- Violating the regulations on purchase, sale, lease of music tapes and/or music discs

1. Warning or a fine of between VND 200,000 and 500,000 for acts of selling or renting music tapes and/or music discs not according to places inscribed in the business licenses.

2. A fine of between VND 500,000 and 1,500,000 for one of the following acts:

a) Selling or renting music tapes and/or music discs, which have not yet permitted for circulation;

b) Purchasing, selling music tapes and/or music discs, which have been illegally printed or duplicated, with a quantity of 50 copies or more.

3. A fine of between VND 1,500,000 and 5,000,000 for one of the following acts:

a) Selling or renting music tapes and/or music discs with banned contents;

b) Selling or renting music tapes and/or music discs without business registration papers.

4. Forms of additional sanction:

a) Stripping of the right to use business registration papers for up to three months, for acts prescribed in Clause 1, Point a of Clause 3 of this Article;

b) Confiscation of material evidences, for acts prescribed in Clause 2, Point a of Clause 3, of this Article.

Article 31.- Violating the regulations on stockpiling, dissemination of music tapes and/or music discs

1. Warning or a fine of between VND 200,000 and 500,000 for acts of disseminating music tapes and/or music discs, which have not yet been permitted for dissemination, at public places.

2. A fine of between VND 500,000 and 1,500,000 for acts of illegally stockpiling music tapes and/or music discs, which have been illegally printed or duplicated, with the quantity of 50 copies or more.

3. A fine of between VND 1,500,000 and 5,000,000 for one of the following acts:

a) Illegally storing music tapes and/or music discs, which have been banned from dissemination;

b) Assigning permits to other organizations or individuals or using the permits of other organizations or individuals to disseminate music tapes and/or music discs.

4. A fine of between VND 5,000,000 and 10,000,000 for one of the following acts:

a) Disseminating music tapes and/or music discs, which, by decisions, must be banned from circulation, recovered, confiscated, destroyed;

b) Disseminating music tapes and/or music discs with debauching, obscene and/or violence-inciting contents.

5. A fine of between VND 10,000,000 and 30,000,000 for the following act:

Disseminating music tapes and/or music discs with reactionary contents.

6. Forms of additional sanction:

a) Stripping of the right to use permits, for acts prescribed at Point b of Clause 3, Clauses 4 and 5 of this Article;

b) Confiscation of material evidences, for acts prescribed in Clauses 1, 2, Point a of Clause 3, Clauses 4 and 5, of this Article;

c) Confiscation of violation means, for acts prescribed in Clause 4 and Clause 5 of this Article.

Article 32.- Violating the regulations on art performance

1. A fine of between VND 500,000 and 1,500,000 for acts of organizing art performances at public places by domestic art troupes, art groups and/or artists without permits granted by competent State bodies in charge of culture and information, or organizing performances before the public by persons who have no professional practice licenses for the purpose of collecting money; organizing art performances before the public for the collection of money without licenses for performance practice.

2. A fine of between VND 1,500,000 and 5,000,000 for acts of organizing art performances not in accordance with the contents inscribed in the permits or organizing performances by persons who have already been banned from performance by the State management body in charge of culture and information.

3. A fine of between VND 5,000,000 and 10,000,000 for acts of organizing the performance of art works which have not yet been permitted for performances at public places.

4. A fine of between VND 30,000,000 and 50,000,000 for one of the following acts:

a) Performing art works which have, by decisions, already been banned from show;

b) Performing art works with debauching, obscene and/or violence-inciting contents, but not to the extent of being examined for penal liability;

c) Performing art works with contents inciting wars of aggression, sowing division among nations and peoples of countries, showing criminal acts, but not to the extent of being examined for penal liability;

d) Performing art works with contents distorting history, negating revolutionary gains, hurting great persons and/or national heroes, but not to the extent of being examined for penal liability.

5. Forms of additional sanction:

a) Stripping of the right to use permits, for acts prescribed in Clause 2 of this Article;

b) Confiscation of material evidences and/or violation means, for acts prescribed in Clause 4 of this Article.

Section 5. ACTS OF VIOLATION IN THE FIELD OF CULTURAL ACTIVITIES AND CULTURAL SERVICES AT PUBLIC PLACES, SANCTIONING FORMS AND LEVELS

Article 33.- Violating the regulations on life style

1. Warning or a fine of between VND 100,000 and 500,000 for one of the following acts:

a) Permitting drunkards to enter dancing halls, public dancing places and/or karaoke parlours;

b) Conducting supertitious practices such as tracing, fortune telling, spirits callings, divinatory wands shaking, amulet exorcising, bewitching, spreading of oracles and other forms of supertition;

c) Getting drunk in offices, working places, hotels, restaurants, eateries, dancing halls, public dancing places, karaoke parlours, places for cultural activities and/or services, on communications means and in other public places;

d) Taking advantage of religious beliefs to raise money, material things.

2. Forms of additional sanction:

a) Confiscation of material evidences and/or violation means, for acts prescribed at Point b, Clause 1 of this Article;

b) Confiscation for public funds of illicit earnings, for acts prescribed at Points b and d, Clause 1 of this Article.

Article 34.- Violating the regulations on conditions for organizing cultural activities, cultural services at public places

1. Warning or a fine of between VND 200,000 and 500,000 for acts of organizing cultural activities and cultural services at public places from 24.00 hrs to 05.00 hrs, except for cases prescribed in Clause 2 of Article 35 of this Decree.

2. A fine of between VND 300,000 and 1,000,000 for one of the following acts:

a) Failing to ensure adequate lighting as prescribed for dancing halls, public dancing places and karaoke parlours;

b) Employing female dancers without registering the lists thereof with the competent bodies;

c) Issuing tickets in excess of the number of seats or beyond the holding capacity of the places where cultural and art activities are organized.

3. A fine of between VND 500,000 and 1,500,000 for one of the following acts:

a) Failing to ensure enough spaces prescribed for dancing halls, public dancing places, karaoke parlours;

b) Shielding the entire karaoke parlours not with glass or with glass which prevent seeing from the outside;

c) Shutting off the light in dancing halls, public dancing places and/or karaoke parlours when they are in operation;

d) Organizing art performance, dancing hall, film, video tape or video disc screening and/or karaoke activities which cause noises beyond the prescribed limit.

4. A fine of VND 1,500,000 of act of employing a female dancer to work at a dancing hall without signing a labor contract.

5. Forms of additional sanction:

Stripping of the right to use permits, for acts of recidivism prescribed in Clauses 1, 2, 3 and 4 of this Article.

Article 35.- Violating the regulations on operation permits

1. Warning or a fine of between VND 150,000 and 500,000 for acts of using loudspeakers or other forms for advertisement or agitation at public places without permits or not according to the contents inscribed in the permits.

2. A fine of between VND 1,000,000 and 3,000,000 for acts of conducting dancing hall activities beyond the permitted hours.

3. A fine of between VND 1,500,000 and 5,000,000 for one of the following acts:

a) Conducting business activities in dancing halls, karaoke parlours not according to the prescribed contents and law provisions;

b) Assigning permits to other organizations or individuals or using the permits of other organizations or individuals for business activities in dancing halls. karaoke parlours, beauty contests, fashion model contests;

c) Organizing electronic games and other games for business purposes, with reactionary, debauching, obscene, violence-inciting or gambling contents;

d) Organizing beauty contests and/or fashion model contests not in accordance with the permitted contents.

4. A fine of between VND 5,000,000 and 10,000,000 for one of the following acts:

a) Conducting dancing hall, karaoke business activities without permits;

b) Organizing beauty contests and/or fashion model contests without permits.

5. Forms of additional sanctions:

a) Stripping of the right to use permits, for acts prescribed at Points a, b and d of Clause 3, recidivism prescribed in Clause 2 of this Article;

b) Confiscation of material evidences and/or violation means, for acts prescribed in Clause 1, Point c of Clause 3 of this Article.

Article 36.- Violating the regulations on production and/or circulation of electronic game tapes and/or discs

1. A fine of between VND 1,500,000 and 5,000,000 for one of the following acts:

a) Selling or renting electronic game tapes and/or discs without business registration;

b) Selling or renting electronic game tapes and/or discs with debauching, obscene and/or violence-inciting contents, but not to the extent of being examined for penal liability;

c) Selling or renting electronic game tapes and/or discs with other baneful contents not prescribed at Point b of this Clause;

d) Producing and/or duplicating electronic game tapes and/or discs without business registration;

e) Circulating electronic game tapes and/or discs with contents banned from circulation at public dancing places, karaoke bars and other public places where cultural activities and/or public cultural services are organized.

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

a) Producing and/or duplicating electronic game tapes and/or discs with banned contents;

b) Producing and/or importing electronic-game machines and/or tapes, discs with banned contents;

c) Inserting electronic game programs with banned contents in computers for circulation.

3. Forms of additional sanction:

a) Stripping of the right to use business registration papers for acts prescribed at Points b, c and e of Clause 1, Points a and c of Clause 2 of this Article;

b) Confiscation of material evidences, for acts prescribed at Points b, c, d and e of Clause 1, Points a and c of Clause 2, of this Article;

c) Confiscation of violation means for acts prescribed at Points d and e of Clause 1, Clause 2, of this Article.

4. In addition to the sanctioning forms prescribed in Clauses 1, 2 and 3 of this Article, the violating individuals and organizations shall also be forced to delete the electronic game programs prescribed at Point c, Clause 2 of this Article.

Article 37.- Violating the regulations on ban on cultural activities and cultural services at public places

1. Warning or a fine of between VND 1,000,000 and 5,000,000 for acts of using service means of obscene nature at dancing halls, public dancing places, karaoke bars as well as other public places for cultural activities and cultural services.

2. A fine of between VND 500,000 and 1,500,000 for one of the following acts:

a) Putting up for display paintings, pictures, calendars or other objects of debauching, obscene, violence-inciting nature at dancing halls, public dancing places, karaoke bars or other places of cultural activities and cultural services, but not to the extent of being examined for penal liability;

b) Circulating at dancing halls, public dancing places and/or karaoke bars films, video tapes and/or discs, music tapes and/or discs or performing theatrical works, music pieces and/or dances, which have not yet been permitted for circulation.

3. A fine of between VND 1,500,000 and 5,000,000 for acts of leasing or lending places to be used as dancing halls, public dancing places, karaoke bars and other cultural activities as well as cultural services and knowing that the leased or lend places are used for prostitution activities, drug addiction and/or gambling but failing to take measures to prevent or denounce them.

4. A fine of between VND 5,000,000 and 10,000,000 for one of the following acts:

a) Conniving at or covering activities of debauching, obscene and/or violent nature, prostitution activities, drug addiction, gambling or betting with prizes in cash or in kind at dancing halls, public dancing places, karaoke bars and other public places of cultural activities, but not to the extent of being examined for penal liability;

b) Circulating music tapes and/or music discs, which are subject to decisions on ban or withdrawal from circulation, at dancing halls, public dancing places, karaoke bars and other public places of cultural activities and cultural services;

c) Circulating music tapes and/or discs with debauching, obscene and/or violence-inciting contents at dancing halls, public dancing places, karaoke bars and other public places of cultural activities and cultural services, but not to the extent of being examined for penal liability.

5. A fine of between VND 30,000,000 and 50,000,000 for one of the following acts:

a) Circulating films, video tapes and/or discs, which are subject to decisions on ban or withdrawal from circulation, at dancing halls, public dancing places, karaoke bars and other public places of cultural activities;

b) Circulating films, video tapes and/or discs with debauching, obscene and/or violence-inciting contents at dancing halls, public dancing places, karaoke bars and other public places of cultural activities and/or cultural services, but not to the extent of being examined for penal liability.

6. Forms of additional sanction:

a) Stripping of the right to use permits, for acts prescribed in Clause 1, Points b and c of Clause 4, Clause 5 of this Article;

b) Confiscation of material evidences for acts prescribed in Clause 2, Points b and c of Clause 4, Clause 5 of this Article.

c) Confiscation of violation means for acts prescribed at Point b, Clause 2, Points b and c of Clause 4, Clause 5 of this Article.

Article 38.- Violating the regulations on ban on cultural activities at accommodation establishments, restaurants

1. Warning or a fine of between VND 200,000 and 500,000 for one of the following acts:

a) Hanging, displaying paintings and/or pictures of debauching, obscene, violence-inciting nature at accommodation establishments, restaurants;

b) Using service modes of obscene characters at accommodation establishments, restaurants.

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

a) Circulating music tapes and/or discs, which are subject to decisions on ban or withdrawal from circulation, at accommodation establishments, restaurants;

b) Circulating music tapes and/or discs with debauching, obscene, violence-inciting contents at accommodation establishments, restaurants, but not to the extent of being examined for penal liability.

3. A fine of between VND 30,000,000 and 50,000,000 for one of the following acts:

a) Circulating films, video tapes and/or discs, performing theatrical works, music pieces and/or dances, which are subject to decisions on ban or withdrawal from circulation, at accommodation establishments, restaurants;

b) Circulating films, video tapes and/or discs or performing theatrical works, music pieces and/or dances with debauching, obscene, violence-inciting contents at accommodation establishments and/or restaurants, but not to the extent of being examined for penal liability.

4. Forms of additional sanction:

a) Stripping of the right to use professional practice licenses for up to 6 months shall be imposed on performers for acts of violation prescribed at Point b, Clause 3 of this Article;

b) Stripping of the right to use business registration papers for acts prescribed in Clauses 2 and 3 of this Article.

c) Confiscation of material evidences for acts prescribed at Point a, Clause 1, Clause 2 and Clause 3 of this Article.

Article 39.- Violating the regulations on producing and/or burning votive papers

1. Warning or a fine of between VND 150,000 and 500,000 for act of burning votive papers at public places.

2. A fine of between VND 150,000 and 500,000 for act of illegally producing votive papers; propagating supertition in order to sell votive papers.

3. Forms of additional sanction:

Confiscation of material evidences of violation, for acts prescribed in Clause 2 of this Article.

Section 6. ACTS OF VIOLATION IN THE FIELDS OF FINE ARTS, EXHIBITION, PHOTOGRAPHY, SANCTIONING FORMS AND LEVELS

Article 40.- Violating the regulations on operation permits

1. A fine of between VND 500,000 and 1,500,000 for one of the following acts:

a) Conducting business activities of providing fine art, photographic, portraying or translating services not at the right registered places;

b) Assigning business registration papers for fine art, photographic, portraying or translating services in any forms;

c) Modifying, erasing business registration papers for fine art, photographic, portraying or translating services.

2. A fine of between VND 1,500,000 and 5,000,000 for acts of conducting business activities in providing fine art, photographic, portraying or translating services without business registration.

3. A fine of between VND 5,000,000 and 10,000,000 for one of the following acts:

a) Constructing monuments and/or grandiose murals without permission;

b) Organizing cultural and art exhibitions without permits.

4. Forms of additional sanction:

Stripping of the right to use permits, for acts prescribed at Points b and c, Clause 1, this Article.

5. Apart from the sanctioning forms prescribed in Clauses 1,2 and 3 of this Article, individuals and/or organizations violating the provisions at Point a, Clause 3 of this Article shall also be forced to dismantle the illegally constructed works.

Article 41.- Violating the regulations on ban in the fields of fine arts, exhibition and cinematography

1. Warning or a fine of between VND 150,000 and 1,500,000 for one of the following acts:

a) Taking photos in areas with photo-banning signboards;

b) Grafting photos, thus causing bad consequences to other persons relations or hurting individuals, families, agencies and/or organizations.

2. A fine of between VND 1,500,000 and 5,000,000 for acts of exhibiting publications which have not yet been allowed for dissemination.

3. A fine of between VND 5,000,000 and 10,000,000 for acts of producing fine art and/or photographic works or translating books and/or newspapers with baneful contents for dissemination or storage for the purpose of dissemination.

4. A fine of between VND 10,000,000 and 30,000,000 for acts of exhibiting publications, fine art and/or photographic works as well as other cultural and art products of the categories banned from dissemination.

5. A fine of between VND 30,000,000 and 50,000,000 for one of the following acts:

a) Constructing monuments and/or grandiose murals with contents inciting violence, aggressive war, sowing hatred among nations and peoples of countries, or expressing reactionary ideology or culture, obscene lifestyle and/or criminal acts, but not to the extent of being examined for penal liability;

b) Constructing monuments and/or grandiose murals with contents distorting history, negating revolutionary gains, hurting great men and/ or national heroes, but not to the extent of being examined for penal liability;

c) Constructing monuments and/or grandiose murals with baneful contents other than those prescribed at Points a and b of this Article.

6. Forms of additional sanction:

a) Confiscation of material evidences, for acts prescribed in Clauses 1, 2, 3 and 4 of this Article;

b) Confiscation of violation means, for acts prescribed in Clause 1 and 4 of this Article.

7. In addition to the sanctioning forms prescribed in Clauses 1, 2, 3, 4, 5 and 6 of this Article, individuals and organizations violating the provisions in Clause 5 of this Article shall also be forced to dismantle the already constructed works.

Section 7. ACTS OF VIOLATION IN THE FIELD OF COPYRIGHT PROTECTION, SANCTIONING FORMS AND LEVELS

Article 42.- Violating the regulations on duplication, re-edition, copying, dubbing of works, products and/or programs

1. Warning or a fine of between VND 200,000 and 500,000 for acts of duplicating, copying or dubbing music tapes, music discs for business purpose without the written consents of the copyright owners.

2. A fine of between VND 1,000,000 and 3,000,000 for acts of duplicating films, video tapes and/or discs for business without written consents of the copyright owners.

3. A fine of between VND 3,000,000 and 10,000,000 for one of the following acts:

a) Copying plastic art works without the consents of their authors or the work owners;

b) Incorporating film programs, video tapes and/or discs for business and/or advertisement without the consents of the copyright holders;

c) Selling plastic works copies which have been made without the consents of the authors or work owners.

4. A fine of between VND 10,000,000 and 20,000,000 for one of the following acts:

a) Duplicating already broadcast and disseminated radio or television programs for business purpose without the consents of the program owners;

b) Copying architectural works without the consents of the copyright owners.

5. A fine of between VND 20,000,000 and 40,000,000 for one of the following acts:

a) Duplicating, re-editing literary and/or art works, scientific projects for business without the consents of the copyright owners;

b) Copying computer software without the consents of their owners.

6. A fine of between VND 50,000,000 and 70,000,000 for acts of repeating the violation prescribed in Clause 5 of this Article.

7. Forms of additional sanction:

a) Confiscation of material evidences of violation, for acts prescribed in Clauses 1, 2, 3, 4 and 5 of this Article;

b) Confiscation of violation means, for acts prescribed in Clauses 5 and 6 of this Article.

Article 43.- Violating the regulations on quotation, addition or cutting, translation, adaptation, transformation or re-writing of works

1. Warning or a fine of between VND 200,000 and 500,000 for acts of quoting other persons works for inclusion into one’s own works without inscribing the authors names and works origins.

2. A fine of between VND 3,000,000 and 10,000,000 for one of the following acts:

a) Translating, compiling, adapting, transforming or re-writing works without the consents of their authors or owners of the original works copyright;

b) Adding, cutting or changing the contents of literary, art or scientific works without the consents of their authors.

Article 44.- Violating the regulations on domestic publicization, dissemination or performance of works

1. Warning or a fine of between VND 200,000 and 500,000 for acts of displaying, exhibiting art works without the consents of their authors or the copyright holders.

2. A fine of between VND 1,000,000 and 3,000,000 for acts of performing musical works without paying emoluments to authors or copyright holders.

3. A fine of between VND 3,000,000 and 10,000,000 for one of the following acts:

a) Publicizing and/or disseminating works without the consents of their authors or copyright holders;

b) Publicizing and/or disseminating co-authored works without the consents of co-authors or copyright holders;

c) Making audio-recording and/or visual recording or live-broadcast of performances without the consents of performers, except for cases prescribed at Point h, Clause 1, Article 761 of the Civil Code.

4. A fine of between VND 10,000,000 and 20,000,000 for one of the following acts:

a) Performing theatrical works without paying emoluments to authors of copyright owners;

b) Broadcasting films and/or video tapes without the consents of the copyright owners;

c) Publicizing and/or disseminating works of authors who are banned from publicizing and/or disseminating their works.

5. Forms of additional sanction:

Confiscation of material evidences and violation means, for acts prescribed at Point c, Clause 4 of this Article.

Section 8. ACTS OF VIOLATION IN THE FIELDS OF ADVERTISEMENT, SIGNBOARD INSCRIPTION AND PLACEMENT, SANCTIONING FORMS AND LEVELS

Article 45.- Violating the regulations on advertising permits

1. Warning or a fine of up to VND 200,000 for acts of advertising with posters, leaflets, folding sheets, letters and similar forms without permits.

2. Warning or a fine of between VND 300,000 and 500,000 for one of the following acts:

a) Advertising with streamers without permits;

b) Undertaking the painting and presentation of advertising panels or boards while the customers have not yet been granted permits for advertisement.

3. A fine of between VND 500,000 and 1,500,000 for one of the following acts:

a) Failing to inscribe the permit numbers, duration or the names of advertising service providers on the advertising panels or boards or the permit numbers on advertising publications;

b) Advertising for products, goods or advertising for activities of establishments without the written confirmation, certification, registration or approval of the specialized State management bodies as prescribed.

4. A fine of between VND 1,500,000 and 5,000,000 for one of the following acts:

a) Advertising pharmaceuticals, pharmaceutical products, cosmetics, medical instruments and medical activities without permission of the competent medical bodies;

b) Making advertisements with advertising panels or boards, beyond the time limits prescribed in the permits;

c) Making advertisements on films, video tapes and/or discs, audio tapes and/or discs, on traffic means without permits;

d) Producing advertising commodities for persons who have not yet obtained advertising permits;

e) Making advertisements on computer networks without permission of the competent State management bodies.

5. A fine of between VND 3,000,000 and 10,000,000 for acts of assigning advertising permits to other organizations or individuals or using permits of other organizations or individuals to make advertisement.

6. A fine of between VND 5,000,000 and 15,000,000 for one of the following acts:

a) Conducting activities under advertising business cooperation contracts with foreign individuals or organizations without permission of the specialized State management bodies;

b) Making advertisements without permits at places for cultural, art and/or sport activities;

c) Hanging, erecting or placing advertising panels or boards without permits;

d) Issuing advertisement supplements or broadcasting advertising programs by press agencies without permits.

7. A fine of between VND 30,000,000 and 50,000,000 shall be imposed on foreign individuals or organizations for providing advertising services or making advertisements in Vietnam while they have not yet been permitted by competent State management bodies of Vietnam to conduct advertising activities or to make advertisements.

8. Forms of additional sanction:

Stripping of the right to use permits, for acts prescribed in Clause 5 of this Article.

9. In addition to the sanctioning forms prescribed in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article, the violating individuals and organizations shall also be forced to remove advertising streamers, posters, leaflets, panels and or boards, for acts prescribed in Clause 1, Point a of Clause 2, Point b of Clause 4, Point c of Clause 6 of this Article.

Article 46.- Violating the regulations on forms and modes of advertisement

1. Warning or a fine of between VND 100,000 and 300,000 for acts of using sounds beyond the prescribed levels for advertisement from 23.00 hrs to 04.00 hrs.

2. A fine of between VND 300,000 and 1,000,000 for acts of advertising on advertisement panels and/or boards, with shapes, colors and/or presentation forms, which are similar to traffic signals, public signboards or not clear, not clean, not beautiful, thus affecting the beautiful looks.

3. A fine of between VND 1,000,000 and 2,000,000 for each 1m2 in excess, one time in excess, one day in excess or 1% in excess of the prescribed limit, for one of the following acts:

a) Advertising on advertisement panels and/or boards in excess of the space (m2) prescribed in the permits;

b) Advertising on films, video tapes and/or discs, radio or television in excess of the permitted times in a day or in excess of the permitted time volume (%);

c) Advertising on printed newspapers, radio or television in violation of the regulation on minimum interval between two advertising rounds;

d) Making advertisements on printed papers beyond the permitted spaces;

e) Making advertisements on films, video tapes or discs, press, publications beyond the permitted times and/or goods categories, for goods restricted from advertisement in a day, a copy, a program.

4. A fine of between VND 2,000,000 and 5,000,000 for one of the following acts:

a) Advertising for foreign-made goods without signing advertising contracts with Vietnamese organizations or individuals that provide advertising services.

b) Making advertisements without Vietnamese scripts above or advertisements with unclear names and types of commodities, products or operations which are allowed for advertisement but only mentioning their trademarks, names of firms in general;

c) Making advertisements on printed papers, radio and/or televisions in violation of the provisions on the minimum interval between two advertising rounds;

d) Using lottery operation for advertisement in contravention of the regulations of the Finance Ministry;

e) Failing to use Vietnamese scripts and/or speech in advertisement (except for cases prescribed in Clause 3, Article 5 of the Government’s Decree No.194/CP of December 31, 1994 on advertising activities on the Vietnamese territory);

f) Foreign-language words in advertisements which are allowed for use of foreign words are twice bigger than the Vietnamese words or are placed above the Vietnamese words.

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

a) Advertising on the front pages of newspapers or the cover pages of magazines or special issues thereof;

b) Trading in kinds of goods with advertisement for commodities banned from advertisement;

c) Incorporating advertisements in news reports, articles or news programs, or in special-subject programs on radio, television in contravention of the regulations, except for programs directly relayed from overseas;

d) Advertising after the musical symbol of the radio station or image symbol of the television station.

6. A fine of between VND 30,000,000 and 50,000,000 for one of the following acts:

a) Producing kinds of goods with advertisement for commodities or products banned from advertisement;

b) Hiring advertisement, hiring the production of kinds of goods with advertisement for commodities or products banned from advertisement.

7. A fine of between VND 40,000,000 and 50,000,000 for acts of using the national flag, the national anthem, the national emblem, photos of leaders, the Party’s flag and/or the song Internationale as backgrounds for advertisement.

8. Form of additional sanction:

Confiscation of goods, for acts prescribed at Point b of Clause 5, Clause 6 of this Article.

9. In addition to the sanctioning forms prescribed in Clauses 1, 2, 3, 4, 5, 6 ,7 and 8 of this Article, the violating individuals and organizations shall also be forced to remove advertising billboards, placards, for acts prescribed in Clause 2, Point a of Clause 3, Points a and b of Clause 4, Clause 7 of this Article.

Article 47.- Violating the regulations on advertising locations, positions or scopes

1. Warning or a fine of between VND 5,000 and 10,000 for each advertising poster, leaflet or folding sheet made not at the right places prescribed in the permits.

2. Warning or a fine of between VND 50,000 and 150,000 for each advertising streamer made not at the right places prescribed in the permits.

3. A fine of between VND 300,000 and 1,000,000 for one of the following acts:

a) Hanging, erecting or placing advertising panels or boards not at the right places prescribed in the permits;

b) Hanging, erecting or placing advertising panels or boards within the protection areas of traffic projects, thus affecting traffic order and safety;

c) Advertising telephone numbers and/or addresses of service providers not at the right places as prescribed.

4. A fine of between VND 2,000,000 and 5,000,000 for acts of advertising at places where advertisement is banned.

5. Forms of additional sanction:

Confiscation of material evidences of violation, for acts prescribed in Clauses 2, 3 and 4 of this Article.

6. In addition to the sanctioning forms prescribed in Clauses 1, 2, 3, 4 and 5 of this Article, the violating individuals and organizations shall also be forced to remove advertising streamers, posters, leaflets, folding sheets panels or, boards, for acts prescribed in Clauses 1, 2, 3 and 4 or to blot out the telephone numbers and/or addresses, for acts prescribed at Point c, Clause 3 of this Article.

Article 48.- Violating the regulations on advertising contents

1. Warning or a fine of between VND 200,000 and 500,000 for each picture, photo, poster, leaflet, folding sheet, parasol, trolley, banner string, goods cabinet and other similar forms used for advertisement of goods and/or products which are banned from advertisement.

2. A fine of between VND 500,000 and 1,500,000 for acts of advertising for newspapers, publications, films, video tapes and/or discs or art works, which have not yet been permitted for publication, distribution, dissemination or performance.

3. A fine of between VND 2,000,000 and 10,000,000 for acts of falsifying the advertising contents already approved in the permits.

4. A fine of between VND 10,000,000 and 20,000,000, for one of the following acts:

a) Making advertisement not true to reality, not true to the registered goods quality;

b) Making advertisement with contents which lower the prestige and/or quality of commodities of other organizations and/or individuals.

5. A fine of between VND 15,000,000 and 30,000,000 for acts of advertising goods and/or products, which are banned from advertisement.

6. Forms of additional sanction:

Confiscation of material evidences for acts prescribed in Clause 1 of this Article.

7. In addition to the sanctioning forms prescribed in Clauses 1, 2, 3, 4, 5 and 6 of this Article, the violating individuals and organizations shall also be forced to dismantle the advertising billboards and placards, for acts prescribed in Clauses 2, 3, 4 and 5 of this Article.

Article 49.- Violating the regulations on signboard inscription and/or placement

1. Warning or a fine of between VND 100,000 and 300,000 for one of the following acts:

a) Hanging, placing signboards not at the offices of agencies, organizations, hotels, restaurants, stores, shops with signboards;

b) Failing to inscribe in full or inscribing in abbreviation Vietnamese appellations on signboards;

c) Hanging, placing signboards with sizes, colors and/or types of letter made not according to regulations.

2. Warning or a fine of between VND 150,000 and 500,000 for one of the following acts:

a) Failing to present fully the prescribed contents on signboards;

b) Failing to use appellations, scripts in the Vietnamese language on signboards of Vietnamese agencies, organizations or enterprises, but only using appellations and/or scripts in foreign language(s);

c) Presenting on signboards the foreign-language proper names, abbreviated names, international transaction names above the Vietnamese-language names;

d) Presenting on signboards the foreign-language appellations, abbreviated names, international transaction names with sizes larger than the Vietnamese-language names;

e) Incorporating advertising contents on signboards;

f) Presenting on the signboards of foreign economic organizations and joint ventures with foreign countries their foreign-language proper names and/or international transaction names above the Vietnamese-language names;

g) Presenting on the signboards of foreign economic organizations and joint ventures with foreign countries their foreign-language names and/or international transaction names with sizes larger than the Vietnamese-language names.

3. Apart from the sanctioning forms prescribed in Clauses 1 and 2 of this Article, the sanctioning individuals and organizations shall also be forced to dismantle the signboards being material evidences of the violations.

Section 9. ACTS OF VIOLATION IN THE FIELDS OF CONSERVATION, MUSEUM AND LIBRARY, SANCTIONING FORMS AND LEVELS

Article 50.- Violating the regulations on the protection of exhibits in museums, cultural works, the protection of cultural and historical relics

1. Warning or a fine of between VND 50,000 and 200,000 for acts of tarnishing cultural or historical relics, cultural and art works.

2. A fine of between VND 500,000 and 2,000,000 for acts of polluting the environment in areas where exist cultural or historical relics, cultural and art works.

3. A fine of between VND 2,000,000 and 5,000,000 for acts of damaging exhibits of small value in museums.

4. A fine of between VND 5,000,000 and 20,000,000 for acts of damaging cultural or historical relics but not seriously.

5. A fine of between VND 20,000,000 and 50,000,000 for one of the following acts:

a) Heavily damaging exhibits of great value in museum; heavily damaging cultural or historical relics;

b) Encroaching upon, occupying and illegally using cultural and/or historical relics, cultural and art works for any purpose;

c) Conducting illegal construction at cultural and/or historical relics.

6. A fine of between VND 50,000,000 and 100,000,000 for acts of seriously damaging or destroying cultural and art works, historical and/or cultural relics.

7. In addition to the sanctioning forms prescribed in Clauses 1, 2, 3, 4, 5 and 6 of this Article, the violating individuals and organizations may also be subject to one of the following measures:

a) Forced restoration of the initial state, for acts prescribed in Clause 1, Clause 4, Point c of Clause 5 and Clause 6 of this Article;

b) Forced dismantlement of illegally constructed works, recovery of encroached land areas, for acts prescribed at Points b and c of Clause 5, this Article;

c) Forced overcoming of pollution, for acts prescribed in Clause 2 of this Article.

Article 51.- Violating the regulations on archeological excavations, rehabilitation and embellishment of cultural and/or historical relics

1. A fine of between VND 500,000 and 2,000,000 for acts of discovering antiques, archeological finds but falsely declaring or hiding them.

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

a) Carrying out archeological excavations not in accordance with the contents inscribed in the permits;

b) Rehabilitating and embellishing cultural and/or historical relics not in accordance with the contents inscribed in the permits.

3. A fine of between VND 5,000,000 and 20,000,000 for one of the following acts:

a) Carrying out archeological excavations without permits; carrying out illegal unearthing, salvage at archeological sites;

b) Rehabilitating and/or embellishing cultural and/or historical relics without permits.

4. Forms of additional sanction:

a) Stripping of the right to use permits, for acts prescribed in Clause 2, this Article;

b) Confiscation of violation material evidences, for acts prescribed in Clauses 1 and 3 of this Article;

c) Confiscation of violation means, for acts prescribed in Clause 3 of this Article.

Article 52.- Violating the regulations on protection of documents in libraries

1. Warning or a fine of between VNA 50,000 and 200,000 for acts of damaging or appropriating documents, library books, newspapers and other information carrying objects valued at under VND 200,000.

2. A fine of between VND 500,000 and 2,000,000 for acts of damaging or appropriating library books, newspapers or documents valued at between over VND 200,000 and 1,000,000.

3. A fine of between VND 2,000,000 and 5,000,000 for one of the following acts:

a) Damaging or appropriating library documents, books and/or newspapers with value of VND 1,000,000 or more;

b) Illegally using library documents which are categorized for restricted use.

4. A fine of between VND 20,000,000 and 50,000,000 for acts of heavily damaging or destroying library documents.

5. In addition to the sanctioning forms prescribed in Clauses 1, 2, 3 and 4 of this Article, the sanctioning individuals and organizations shall also be forced to compensate for damage as prescribed by law.

Section 10. ACTS OF VIOLATION IN THE FIELDS OF EXPORT AND IMPORT OF CULTURAL PRODUCTS; PUBLICIZATION AND DISSEMINATION OF WORKS TO FOREIGN COUNTRIES, SANCTIONING FORMS AND LEVELS

Article 53.- Violating the regulations on procedures for export and/or import of cultural products

1. A fine of between VND 500,000 and 1,500,000 for acts of falsely declaring, hiding cultural products while carrying out procedures for export or import thereof with a quantity of under 10 copies.

2. A fine of between VND 500,000 and 1,500,000 for acts of falsely declaring, hiding cultural products while carrying out procedures for export or import thereof with a quantity of over 10 copies.

3. Forms of additional sanction:

Confiscation of violation material evidences, for acts prescribed in Clauses 1 and 2 of this Article.

4. In addition to the sanctioning forms prescribed in Clauses 1, 2 and 3 of this Article, depending on the nature of each of their acts, the violating individuals and organizations shall also be forced to re-export or destroy the material evidences of violation.

Article 54.- Violating the regulations on permits for export and/or import of cultural products

1. A fine of between VND 500,000 and 1,500,000 for acts of exporting or importing cultural products in excess of the volumes prescribed in the permits with a quantity of under 50 copies.

2 A fine of between VND 1,500,000 and 5,000,000 for one of the following acts:

a) Exporting or importing cultural products not according to the lists inscribed in the permits with a quantity of under 50 copies;

b) Exporting or importing cultural products in excess of the volumes inscribed in the permits with a quantity of 50 copies or more;

c) Exporting or importing cultural products for which, according to regulations, there must be permits, but failing to obtain permits, with a quantity of under 50 copies.

3. A fine of between VND 5,000,000 and 20,000,000 for acts of exporting or importing cultural products, for which, according to regulations, there must be permits, but failing to obtain permits, with a quantity of between 50 and under 500 copies.

4. A fine of between VND 20,000,000 and 50,000,000 for acts of exporting or importing cultural products for which, according to regulations, there must be permits, but failing to obtain permits, with a quantity of 500 copies or more.

5. Fines shall be imposed for the export or import of printing equipment without permits as follows:

a) A fine of between VND 20,000,000 and 50,000,000 for violations with the material evidences having the value of up to VND 100,000,000;

b) A fine of between VND 70,000,000 and 100,000,000 for violations with the material evidences having the value of more than VND 100,000,000.

6. Forms of additional sanction:

Confiscation of violation material evidences, for acts prescribed in Clauses 1, 2, 3 and 4 of this Article.

7. In addition to the sanctioning forms prescribed in Clauses 1, 2, 3 and 4 of this Article, the violating individuals and organizations shall, depending on the nature of their acts, be forced to re-export or destroy the violation material evidences.

Article 55.- Violating the regulations on ban on export or import of cultural products

1. A fine of between VND 5,000,000 and 20,000,000 for acts of exporting or importing music tapes and/or discs, books, newspapers, pictures, photos, calendars, documents, including drafts, of the categories banned from export or import, with a quantity of under 10 copies.

2. A fine of between VND 20,000,000 and 50,000,000 for one of the following acts:

a) Exporting or importing music tapes and/or discs, books, newspapers, pictures, photos, calendars, documents including drafts, of the categories banned from export or import, with a quantity of between 10 and 100 copies;

b) Exporting or importing films, video tapes and/or discs, of the categories banned from export or import.

3. A fine of between VND 40,000,000 and 50,000,000 for acts of exporting or importing cultural products of the categories banned from export and/or import, with a quantity of above 100 copies.

4. Fines shall be imposed for the export of archeological finds, antiques, national precious objects without permits as follows:

a) A fine of between VND 5,000,000 and 10,000,000 for violations with the material evidences being valued at up to VND 10,000,000;

b) A fine of between VND 10,000,000 and 20,000,000 for violations with the material evidences being valued at up to VND 20,000,000;

c) A fine of between VND 20,000,000 and 50,000,000 for violations with the material evidences being valued at up to VND 50,000,000;

d) A fine of between VND 40,000,000 and 50,000,000 for violations with the material evidences being valued at more than VND 50,000,000.

5. Forms of additional sanction:

Confiscation of material evidences for acts prescribed in Clauses 1, 2, 3 and 4 of this Article.

6. In addition to the sanctioning forms prescribed in Clauses 1, 2, 3, 4 and 5 of this Article, the violating individuals and organizations shall, depending on the nature of their acts, be forced to re-export or destroy the violation material evidences.

Article 56.- Violating the regulations on publicization and/or dissemination of works to foreign countries

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

a) Publicizing, disseminating photographic works to foreign countries without permission;

b) Publicizing, disseminating fine art works to foreign countries without permission.

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

a) Publicizing, disseminating press works to foreign countries without permission;

b) Publicizing, disseminating theatrical works to foreign countries without permission;

c) Publicizing, disseminating music works to foreign countries without permission.

3. A fine of between VND 10,000,000 and 20,000,000 for one of the following acts:

a) Publicizing, disseminating publication works to foreign countries without permission;

b) Publicizing, disseminating cinematographic works to foreign countries without permission.

4. A fine of between VND 20,000,000 and 30,000,000 for one of the following acts:

a) Publicizing, disseminating to foreign countries the cinematographic works of categories banned from publicization, dissemination;

b) Publicizing, disseminating to foreign countries fine art works of the categories banned from publicization or dissemination.

5. A fine of between VND 30,000,000 and 50,000,000 for one of the following acts:

a) Publicizing and/or disseminating to foreign countries press works of the categories banned from publicization and/or dissemination; supplying to foreign press information of the categories banned from publicization and/or dissemination to foreign countries;

b) Publicizing and/or disseminating to foreign countries musical works of the categories banned from publicization and/or dissemination;

c) Publicizing and/or disseminating to foreign countries theatrical works of the categories banned from publicization and/or dissemination.

6. A fine of between VND 40,000,000 and 50,000,000 for one of the following acts:

a) Publicizing and/or disseminating to foreign countries publication works of the categories banned from publicization and/or dissemination;

b) Publicizing and/or disseminating to foreign countries cinematographic works of the categories banned from publicization and/or dissemination.

Chapter III

COMPETENCE AND PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE FIELD OF CULTURE AND INFORMATION

Article 57.- Competence of the People’s Committees at different levels to sanction administrative violations

1. The presidents of the People’s Committees of the provinces and centrally-run cities are entitled to sanction, as provided for in Article 34 of the Law on Publication, the administrative violations in the publishing activities and, as provided for in Article 28 of the Ordinance on Handling of Administrative Violations the administrative violations in the field of culture and information, prescribed in this Decree in their respective localities.

2. The presidents of the People’s Committees of the rural districts, urban districts, provincial capitals or towns, are entitled to sanction, as provided for in Article 27 of the Ordinance on Handling of Administrative Violations, the administrative violations in the field of culture and information prescribed in this Decree in their respective localities.

3. The presidents of the People’s Committees of the communes, wards and district townships are entitled to sanction, as provided for in Article 26 of the Ordinance on Handling of Administrative Violations, the administrative violations in the field of culture and information prescribed in this Decree in their respective localities.

Article 58.- Competence of the specialized culture-information inspectorate to sanction administrative violations

1. Specialized culture- information inspectors, while performing official duty, are entitled to sanction, as provided for in Article 34 of the Ordinance on Handling of Administrative Violations, the administrative violations in the field of culture and information prescribed in this Decree.

2. Specialized culture- information chief inspectors at all levels may sanction, according to their competence prescribed in Article 34 of the Ordinance on Handling of Administrative Violations, the administrative violations in the field of culture and information prescribed in this Decree.

3. Specialized inspectors and chief inspectors at all levels of the branches involved in the culture-information field may sanction according to the competence prescribed in Article 34 of the Ordinance on Handling of Administrative Violations the violation acts prescribed in this Decree regarding the domains under the management of their respective branches.

Article 59.- Competence of the customs offices, and border guards to sanction administrative violations

The customs and border guard forces are entitled to sanction, according to their competence prescribed in Articles 29 and 30 of the Ordinance on Handling of Administrative Violations, acts of violation regarding the export and import of cultural products as prescribed in this Decree.

Article 60.- Competence of the police office to sanction administrative violations

The people’s police force may sanction, according to competence prescribed in Article 29 of the Ordinance on Handling of Administrative Violations, acts of administrative violations in the field of culture and information relating to social order and safety under their managerial competence prescribed in this Decree.

Article 61.- Competence of the market control agencies to sanction administrative violations

The market control force may sanction, according to the competence prescribed in Article 33 of the Ordinance on Handling of Administrative Violations, acts of violation regarding the business in services on cultural and information products as prescribed in this Decree.

Article 62.- Competence of the labor inspectorate to sanction administrative violations

The labor inspectorate may sanction acts of violation prescribed in Clause 4, Article 34 of this Decree.

Article 63.- Sanctioning procedures

The procedures to sanction administrative violations in the field of culture and information shall comply with the provisions in Chapter VI of the Ordinance on Handling of Administrative Violations.

Article 64.- Fine collection and payment

Individuals and organizations committing administrative violations in the field of culture and information and being fined shall have to pay fines at places prescribed by law. The procedures for fine collection and payment shall comply with the guidance of the Finance Ministry.

Article 65.- Procedures for confiscating and handling material evidences and means of violations

1. When applying form of confiscating the material evidence and/or means of administrative violations in the field of culture and information, the persons with sanctioning competence shall have to comply with the procedures prescribed in Article 51 of the Ordinance on Handling of Administrative Violations.

2. Persons who issue confiscating decisions shall have to organize the protection of the confiscated material evidences and/or means. Within 5 days after the confiscation thereof, they shall have to transfer the sanctioning decisions, the confiscation records and all the confiscated material evidences and/or means to the finance bodies for organizing auctions as provided for in Article 52 of the Ordinance on Handling of Administrative Violations.

3. For material evidences being cultural products with contents not yet clarified, the persons issuing confiscation decisions shall have to transfer them to the Ministry of Culture and Information or the provincial/municipal Services of Culture and Information for setting up councils to appraise their contents.

Material evidences being antiques, sculptural and/or fine art works or objects of great artistic or historical values and their lawful owners are not the persons who have committed acts of violation shall be returned to their lawful owners; if their lawful owners cannot be identified or are the persons who have committed such administrative violations, those cultural products shall belong to the State’s ownership.

4. All cases of transfer and handling of confiscated material evidences and means of violation prescribed in Clauses 2 and 3 of this Article must be made in written records signed for certification by the concerned parties.

5. The proceeds from the sale of confiscated material evidences and the proceeds from the auction of confiscated violation means must be remitted into the State budget.

Article 66.- Procedures to strip of the right to use permits

The procedures to strip of the right to use permits of various kinds in the field of culture and information shall comply with the provisions in Article 50 of the Ordinance on Handling of Administrative Violations.

Article 67.- Procedures for destruction of baneful cultural products

1. For press works, publication products, cinematographic works and other cultural products, which are subject to decisions on ban from circulation, withdrawal, cultural products which have been confiscated and evaluated as having harmful contents and the competent State bodies in charge of culture and information have decided to destroy them, the handling councils must be set up for the destruction thereof. The composition of such a council shall include representatives of the State management bodies in charge of culture and information, the police office, the finance body and the People’s Inspectorate of the same level.

2. When carrying out the destruction of harmful cultural products, the responsible bodies shall have to make records thereon. The records must be signed for certification by members of the destruction councils. In case of necessity, representatives of the concerned agencies and organizations may be invited to witness the destruction.

3. The Ministry of Culture and Information shall guide in detail the procedures for destruction of cultural products which must be destroyed according to the provisions of this Decree.

Chapter IV

COMPLAINTS, DENUNCIATIONS AND HANDLING OF VIOLATIONS

Article 68.- Complaints, denunciations

1. Citizens are entitled to denounce to competent State bodies the administrative violations committed by organizations or individuals in the field of culture and information as prescribed in this Decree or denounce the violations committed by persons with competence to sanction administrative violations in the field of culture and information according to law provisions.

2. Individuals and organizations sanctioned for administrative violations or their lawful representatives may complain about decisions on sanctioning administrative violations according to the provisions of the legislation on complaints and denunciations.

3. The order and procedures for making complaints and denunciations and the competence to settle complaints and denunciations about the sanctioning of administrative violations in the field of culture and information shall comply with the Law on Complaints and Denunciations of December 2, 1998 as well as other relevant provisions on complaints and denunciations.

Article 69.- Handling violations committed by persons with competence to sanction administrative violations in the field of culture and information

1. Persons who have competence to sanction administrative violations in the field of culture and information but harass, tolerate, cover up violators, fail to handle or handle violations not in time, improperly, not according to competence or beyond the prescribed competence shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability.

2. Persons who have competence to sanction administrative violations in the field of culture and information but commit acts of appropriating, illegally using the money, material evidences and/or means of violation, which have been confiscated, shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability and have to compensate for damage according to the provisions of civil legislation.

Chapter V

IMPLEMENTATION PROVISIONS

Article 70.- Effect of the Decree

1. This Decree shall take effect 15 days after its signing.

2. The provisions in Sections 1, 2 and 4 of Chapter II of Decree No.88/CP of December 14, 1995 of the Government and the provisions in other relevant legal documents, which are contrary to this Decree, shall all be annulled.

Article 71.- Responsibility to guide and implement the Decree

The Minister of Culture and Information shall have to guide the implementation of this Decree.

The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Phan Van Khai

 

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Thuộc tính Văn bản pháp luật 31/2001/ND-CP

Loại văn bảnNghị định
Số hiệu31/2001/ND-CP
Cơ quan ban hành
Người ký
Ngày ban hành26/06/2001
Ngày hiệu lực11/07/2001
Ngày công báo...
Số công báo
Lĩnh vựcVăn hóa - Xã hội, Vi phạm hành chính
Tình trạng hiệu lựcHết hiệu lực 01/07/2006
Cập nhật4 năm trước
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          Decree of Government No. 31/2001/ND-CP, on sanctioning administrative violations in the culture- information field.
          Loại văn bảnNghị định
          Số hiệu31/2001/ND-CP
          Cơ quan ban hànhChính phủ
          Người kýPhan Văn Khải
          Ngày ban hành26/06/2001
          Ngày hiệu lực11/07/2001
          Ngày công báo...
          Số công báo
          Lĩnh vựcVăn hóa - Xã hội, Vi phạm hành chính
          Tình trạng hiệu lựcHết hiệu lực 01/07/2006
          Cập nhật4 năm trước

          Văn bản gốc Decree of Government No. 31/2001/ND-CP, on sanctioning administrative violations in the culture- information field.

          Lịch sử hiệu lực Decree of Government No. 31/2001/ND-CP, on sanctioning administrative violations in the culture- information field.