Circular No. 09/2010/TT-BVHTTDL provides detailed implementation of certain provisions under Decree No. 75/2010/NĐ-CP dated July 12, 2010, of the Government on administrative penalties for violations in cultural activities.

CIRCULAR

Detailed implementation of certain provisions of Decree No. 75/2010/NĐ-CP

dated July 12, 2010, of the Government on administrative penalties for violations in cultural activities

Administrative penalties for violations in cultural activities

_________________________

Article 1. Other types of artistic performances

Pursuant to Decree No. 75/2010/NĐ-CP dated July 12, 2010, of the Government on administrative penalties for violations in cultural activities;

The Ministry of Culture, Sports and Tourism promulgates detailed regulations on implementing certain provisions of Decree No. 75/2010/NĐ-CP dated July 12, 2010, of the Government on administrative penalties for violations in cultural activities as follows:

Article 1. Scope of Regulation

This Circular provides detailed implementation of the following contents of Decree No. 75/2010/NĐ-CP dated July 12, 2010, of the Government on administrative penalties for violations in cultural activities (hereinafter referred to as Decree No. 75/2010/NĐ-CP):

a) Determining violations when deciding to impose penalties;

b) Explanation of terms;

c) Procedures for destroying harmful cultural products;

d) Provisions in the fields of cinema, performing arts, cultural activities, public cultural service businesses, advertising, writing, and signposting.

Article 2. Determining Violations When Deciding to Impose Penalties

When deciding to impose penalties, the authority or person authorized to impose penalties must determine that the administrative violation in cultural activities is an intentional or negligent act by organizations or individuals violating state management regulations in cultural activities that have not reached the level requiring criminal prosecution and according to the Law on Handling Administrative Violations dated July 2, 2002, the Law Amending and Supplementing Certain Articles of the Law on Handling Administrative Violations dated April 2, 2008, and Decree No. 75/2010/NĐ-CP, such acts must be subject to administrative penalties. If there are acts stipulated in Decree No. 75/2010/NĐ-CP but they do not violate state management regulations, then those acts shall not be penalized.

Example: Point a Clause 2 Article 27 of Decree No. 75/2010/NĐ-CP stipulates a fine of from VND 1,000,000 to VND 3,000,000 for the act of advertising using cargo boxes with an area of 0.5 square meters or more attached to each motorcycle without a permit. Subsequently, the competent state agency issues a document stating "Advertising using cargo boxes with an area of 0.5 square meters or more attached to each motorcycle does not require a permit," then the act specified in Point a Clause 2 Article 27 shall not be penalized because it does not violate the advertising regulations.

Article 3. Explanation of Terms

Some terms defined in Decree No. 75/2010/NĐ-CP are understood as follows:

1. “ObscenityAs defined in Point a Clause 4 Article 7; Point c Clause 5, Point b Clause 6 Article 8; Point e Clause 4 Article 9; Clause 4 Article 10; Point b Clause 3 Article 12; Point c Clause 3 Article 15; Point a Clause 5 Article 16; Points a, b Clause 1, Point c Clause 2 Article 21; Points c Clause 2, Point a Clause 3, Point a Clause 4, Points a, b Clause 5, Clause 6 Article 22; Clauses 1, 2 Article 23, refers to the use of images, language, sounds, actions that arouse, stimulate lustful, sexual desires contrary to traditional morals and customs of the Vietnamese people including: descriptions of genitalia, nudity, descriptions of nudity or non-nudity but sexually stimulating, descriptions of sexual needs, masturbation in all forms.

2. “LewdnessAs defined in Point b Clause 5 Article 7; Point c Clause 5, Point b Clause 6 Article 8; Point c Clause 6 Article 9; Point b Clause 5 Article 10; Point b Clause 5 Article 12; Point c Clause 4 Article 15; Points c Clause 1, Points a, b, c Clause 2 Article 21; Points c Clause 2, Point a Clause 3, Points a, b Clause 5, Clauses 6, 7 Article 22; Clause 1 Article 23; Point a Clause 5 Article 26, refers to the use of naked images, vulgar language, sexual relations between humans and animals, sexual relations involving three or more people.

3. “Phallic ObjectsAs defined in Point c Clause 1 Article 18, refers to objects in the shape of human figures, animal figures, houses, production materials, daily-use items of humans, gold, silver, precious stone shapes.

Article 4. Procedures for the destruction of harmful cultural products

The destruction of harmful cultural products shall be carried out in accordance with the provisions of Clause 2, Article 61 of the Administrative Violation Handling Ordinance dated July 2, 2002 and Article 50 of Decree No. 75/2010/NĐ-CP.

When destroying cultural products, the agency or organization conducting the destruction must announce the decision to destroy. After the destruction of cultural products, members of the handling council sign to confirm in the record. The record of the destruction of cultural products must clearly state the type of cultural product, quantity, method of destruction, or include an attached list of items for retention at the agency.

Article 5. Provisions in the field of cinema

1. The imposition of penalties for the following acts shall not be subject to the quantity of films involved:

a) "Reproducing films that have been decided to be recalled, confiscated, destroyed, or banned from distribution" as stipulated in Point a, Clause 6, Article 8 of Decree No. 75/2010/NĐ-CP;

b) "Reproducing films containing pornographic or violent content" as stipulated in Point b, Clause 6, Article 8 of Decree No. 75/2010/NĐ-CP;

c) "Selling, renting, or circulating film reels, tapes, or discs containing pornographic or violent content" as stipulated in Point e, Clause 4, Article 9 of Decree No. 75/2010/NĐ-CP;

d) "Holding in storage for the purpose of distributing films prohibited from distribution or those that have been decided to be recalled, confiscated, destroyed" as stipulated in Point a, Clause 6, Article 9 of Decree No. 75/2010/NĐ-CP;

đ) "Selling, renting, or distributing film reels, tapes, or discs that have been decided to be recalled, confiscated, banned from distribution, or destroyed" as stipulated in Point b, Clause 6, Article 9 of Decree No. 75/2010/NĐ-CP;

e) "Selling, renting, or distributing film reels, tapes, or discs containing pornographic content" as stipulated in Point c, Clause 6, Article 9 of Decree No. 75/2010/NĐ-CP;

g) "Exporting films that require permission for distribution but have not received such permission or have not been broadcast on Vietnamese television" as stipulated in Point đ, Clause 6, Article 9 of Decree No. 75/2010/NĐ-CP.

2. Determining the age of children under 16 years old as stipulated in Point b, Clause 1, Article 10 of Decree No. 75/2010/NĐ-CP shall be based on the date of birth recorded in their identity card or other valid legal documents.

Article 6. Provisions in the field of performing arts

1. The imposition of penalties for the following acts shall not be subject to the quantity of tapes or discs involved:

a) "Reproducing music or stage tapes or discs containing pornographic or violent content" as stipulated in Point b, Clause 3, Article 12 of Decree No. 75/2010/NĐ-CP;

b) "Reproducing music or stage tapes or discs that have been decided to be banned from circulation, recalled, or confiscated" as stipulated in Point a, Clause 5, Article 12 of Decree No. 75/2010/NĐ-CP;

c) "Reproducing music or stage tapes or discs containing pornographic content" as stipulated in Point b, Clause 5, Article 12 of Decree No. 75/2010/NĐ-CP;

d) "Recording rooms that record tapes or discs violating the provisions set forth in Points b, c, and d, Clause 1, Article 3 of the Regulation on Cultural Activities and Public Cultural Service Business Operations issued together with Decree No. 103/2009/NĐ-CP dated November 6, 2009" as stipulated in Point đ, Clause 1, Article 13 of Decree No. 75/2010/NĐ-CP;

đ) "Adding prohibited content to music or stage tapes or discs that have been permitted for release" as stipulated in Point a, Clause 2, Article 13 of Decree No. 75/2010/NĐ-CP;

e) "Recording rooms that record tapes or discs violating the provisions set forth in Point a, Clause 1, Article 3 of the Regulation on Cultural Activities and Public Cultural Service Business Operations issued together with Decree No. 103/2009/NĐ-CP dated November 6, 2009" as stipulated in Point c, Clause 2, Article 13 of Decree No. 75/2010/NĐ-CP;

g) "Distributing music or stage tapes or discs containing prohibited content" as stipulated in Point a, Clause 3, Article 13 of Decree No. 75/2010/NĐ-CP;

h) "Producing music or stage tapes or discs violating the provisions set forth in Points b, c, and d, Clause 1, Article 3 of the Regulation on Cultural Activities and Public Cultural Service Business Operations issued together with Decree No. 103/2009/NĐ-CP dated November 6, 2009" as stipulated in Point c, Clause 3, Article 13 of Decree No. 75/2010/NĐ-CP;

i) "Producing music or stage tapes or discs violating the provisions set forth in Point a, Clause 1, Article 3 of the Regulation on Cultural Activities and Public Cultural Service Business Operations issued together with Decree No. 103/2009/NĐ-CP dated November 6, 2009" as stipulated in Clause 4, Article 13 of Decree No. 75/2010/NĐ-CP;

k) "Holding in storage and disseminating music or stage tapes or discs containing reactionary or pornographic content" as stipulated in Point c, Clause 4, Article 15 of Decree No. 75/2010/NĐ-CP.

2. The act of "Wearing costumes or makeup causing discomfort or being inappropriate with Vietnamese customs and traditions" as stipulated in Point c, Clause 1, Article 16 of Decree No. 75/2010/NĐ-CP applies to performers in music concerts and fashion shows, but does not apply to actors wearing costumes to portray characters in performance scripts.

Article 7. Provisions in the field of cultural activities and public cultural service business operations

1. The act "Failing to ensure sufficient lighting as prescribed at dance clubs, public dancing venues, and karaoke rooms" stipulated in point b, Clause 2, Article 19 of Decree No. 75/2010/NĐ-CP is an act of failing to ensure lighting as prescribed in Clause 2, Article 27 and Clause 1, Article 32 of the Regulation on Cultural Activities and Public Cultural Service Business Operations issued together with Decree No. 103/2009/NĐ-CP dated November 6, 2009 of the Government.

2. The act "Installing alarm devices at karaoke restaurants to counteract inspections by competent state agencies" stipulated in Clause 4, Article 19 of Decree No. 75/2010/NĐ-CP applies to karaoke restaurants that install alarm devices using sound, light, images, colors, or other signals to alert rooms when state agencies inspect the operation of the restaurant.

3. Determining the age of persons under 18 years old as prescribed in Clause 1 and point d, Clause 3, Article 19 of Decree No. 75/2010/NĐ-CP shall be based on documents as prescribed in Clause 2, Article 5 of this Circular.

4. The act "Operating electronic game facilities within 200 meters from schools or past 10:00 PM until 8:00 AM" stipulated in point a, Clause 2, Article 19 of Decree No. 75/2010/NĐ-CP applies to all internet-connected game points (online games).

5. The act "Operating dance clubs or karaoke establishments not in accordance with the content or scope specified in the license or not in accordance with the provisions of the law" stipulated in point a, Clause 2, Article 20 of Decree No. 75/2010/NĐ-CP means operating not in accordance with the content or not in accordance with the scope as two separate acts.

Example: A karaoke business owner licensed to operate three karaoke rooms but found to have five rooms in operation is operating outside the scope; a cultural center permitted to open a classical dance club, but found to have a disco dance club is operating outside the content.

6. The act "Selling paintings and photographs containing pornographic, erotic, or violent content" stipulated in point c, Clause 2, Article 22 of Decree No. 75/2010/NĐ-CP will be penalized regardless of the number of paintings or photographs violating the regulations.

7. The act "Restoring outdated customs contrary to Vietnamese traditional customs and morals" stipulated in Clause 3, Article 18 of Decree No. 75/2010/NĐ-CP refers to acts of implementing outdated customs contrary to the regulations on cultural living habits in funerals, weddings, and festivals. For example, rolling on the road or scattering money on the road during funerals.

8. The act "Performing topless dancing at dance clubs, karaoke restaurants, dining places, or other public cultural service business venues" stipulated in point d, Clause 5, Article 22 of Decree No. 75/2010/NĐ-CP will be penalized regardless of whether the performers are customers or service staff.

Article 8. Provisions in the field of advertising, writing, and placing signs

1. The act "Advertising with banners exceeding the duration specified in the permit without removing them" stipulated in point b, Clause 2, Article 27 of Decree No. 75/2010/NĐ-CP applies to all banners listed in a permit that has expired without being removed.

2. The act "Failing to indicate the permit number, validity period, name of the organization or individual applying for the advertisement permit on the board, signboard, or similar forms" stipulated in point a, Clause 4, Article 27 of Decree No. 75/2010/NĐ-CP applies to each product advertisement that has been granted a permit.

3. The act "Hanging, placing, pasting, or erecting sponsor advertisements in cultural, sports, conference, seminar events exceeding the allowed quantity" stipulated in point c, Clause 5, Article 28 of Decree No. 75/2010/NĐ-CP applies when the quantity exceeds the legal limit in effect at the time of discovery of the violation.

Example: Violations discovered in June 2010 will apply the provisions in Clause 4 of Circular No. 79/2005/TT-BVHTT dated December 8, 2005 of the Ministry of Culture, Sports and Tourism amending and supplementing certain provisions of Circular No. 43/2003/TT-BVHTT dated July 16, 2003 guiding the implementation of Decree No. 24/2003/NĐ-CP dated March 13, 2003 of the Government detailing the implementation of the Advertising Ordinance. When a new document replaces Circular No. 79/2005/TT-BVHTT, the provisions in the new document will apply.

4. The act "Advertising affecting the solemnity of the workplace of state agencies" stipulated in point a, Clause 3, Article 29 of Decree No. 75/2010/NĐ-CP applies to advertising at one agency.

5. The act "Hanging, erecting, placing, or attaching boards or signboards at locations or positions not specified in the permit" stipulated in point b, Clause 3, Article 29 of Decree No. 75/2010/NĐ-CP applies to one board or signboard.

6. The act "Advertising at prohibited locations" stipulated in Clause 4, Article 29 of Decree No. 75/2010/NĐ-CP applies to advertising one type of product or service at one prohibited location, regardless of the number of products or advertising methods.

7. The act "Hanging, erecting, placing, or attaching boards or signboards in traffic safety corridors, protection zones of transportation works, power grids, telecommunications works, and dykes, affecting traffic safety, power grid safety, telecommunications works, and dykes" stipulated in point a, Clause 5, Article 29 of Decree No. 75/2010/NĐ-CP applies to one board or signboard.

8. The act "Advertising telephone numbers or addresses of service providers in unauthorized areas, writing, drawing, or pasting advertisements on walls, tree trunks, utility poles, and other objects affecting urban aesthetics and environmental landscapes" stipulated in point b, Clause 5, Article 29 of Decree No. 75/2010/NĐ-CP applies to advertising one telephone number or address of one service provider within one ward, commune, or town.

9. The act of advertising goods or services prohibited from advertising through paintings, photographs, posters, leaflets, brochures, umbrellas, carts, flags, and similar methods stipulated in Clause 1, Article 30 of Decree No. 75/2010/NĐ-CP applies to one type of product on one medium, regardless of the number within one commune, ward, or town.

10. The act "Advertising goods and services with profit claims using the national flag color as background or hanging across traffic roads" as stipulated in Point a Clause 2 Article 30 of Decree No. 75/2010/NĐ-CP applies to one sign, board, banner; it applies to one advertising poster for a product or service within the scope of one commune, ward, town.

11. The act "Advertising through posters, leaflets, brochures, and similar forms containing prohibited advertising content" as stipulated in Point a Clause 3 Article 30 of Decree No. 75/2010/NĐ-CP applies to one type of product displayed on posters, leaflets, brochures, or similar forms within the scope of one commune, ward, town.

12. The act "Operating goods with advertisements for prohibited goods and services" as stipulated in Point b Clause 3 Article 30 of Decree No. 75/2010/NĐ-CP applies to one type of goods advertised for prohibited goods and services.

13. The act "Advertising on boards, signs that resemble the shape, color, and form of traffic signals or public signs" as stipulated in Point a Clause 4 Article 30 of Decree No. 75/2010/NĐ-CP applies to one advertisement board or sign.

14. The act "Using images of Vietnamese currency for advertising" as stipulated in Point b Clause 4 Article 30 of Decree No. 75/2010/NĐ-CP applies to one product advertised on one advertising medium.

15. The act "Advertising without using Vietnamese language or script except as provided for in Clause 1 Article 8 of the Advertising Ordinance" as stipulated in Point c Clause 4 Article 30 of Decree No. 75/2010/NĐ-CP applies to one sign, board, banner; it applies to one advertising poster in one commune, ward, town or another advertised product on another advertising medium.

16. The act "Amending approved advertising content in the permit to alter its content" as stipulated in Point a Clause 5 Article 30 of Decree No. 75/2010/NĐ-CP applies to one approved advertised product in the permit.

17. The act "Advertising goods and services not yet permitted to be traded or performed at the time of advertising" as stipulated in Point b Clause 5 Article 30 of Decree No. 75/2010/NĐ-CP applies to one type of goods, one type of service.

18. The act "Advertising goods and services prohibited from being advertised on cargo boxes attached to motorcycles, transportation vehicles, mobile objects, or placed fixedly in public places" as stipulated in Point c Clause 5 Article 30 of Decree No. 75/2010/NĐ-CP applies to one type of goods, service on one cargo box, one transportation vehicle, one mobile object or placed fixedly at one location.

19. The act "Using symbols, trademarks expressed in any form to advertise goods and services prohibited from being advertised" as stipulated in Point d Clause 5 Article 30 of Decree No. 75/2010/NĐ-CP applies to one symbol, trademark under one form of advertisement.

20. The act "Advertising alcohol with an alcohol content of 30 degrees or higher" as stipulated in Point đ Clause 5 Article 30 of Decree No. 75/2010/NĐ-CP applies to one type of alcohol on one advertising medium.

21. The act "Advertising with violent, horrific content" as stipulated in Point e Clause 5 Article 30 of Decree No. 75/2010/NĐ-CP applies to one advertised product on one advertising medium.

22. The act "Producing goods with advertisements for goods and services prohibited from being advertised" as stipulated in Point d Clause 6 Article 30 of Decree No. 75/2010/NĐ-CP applies to the production of one type of goods advertised for goods and services prohibited from being advertised.

Article 9. Effective Date

1. This Circular takes effect from September 1, 2010.

2. Repeal Circular No. 12/2007/TT-BVHTT dated May 29, 2007 issued by the Minister of Culture, Sports and Tourism guiding the implementation of Decree No. 56/2006/NĐ-CP on administrative penalties in cultural and information activities.

3. In the course of implementation, if there are difficulties, units shall promptly report to the Ministry of Culture, Sports and Tourism for research and supplementation or amendment./.